ORDINANCE NO. 409

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

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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 ½) 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.)

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

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

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.

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.

SECTION VIII. MULTIPLE-FAMILY RESIDENTIAL DISTRICT, R-2

A. In a Multi-Family Residential District, R-2, no building or land shall be used, and no building shall be erected or structurally altered, unless otherwise provided for in this ordinance except for one or more of the following uses:

1. Single-Family dwellings.

2. Two-family dwellings.

3. Multiple family dwellings, including condominiums.

4. Boarding or lodging house.

5. Churches or other places of worship.

6. Day nurseries.

7. Hospitals, clinics and sanitariums, except a criminal, mental or animal hospital.

8. Marinas.

9. Nursing and convalescent homes.

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

11. Public buildings, including libraries, museums, police and fire stations;

elementary schools and secondary schools.

12. Schools, private, with a curriculum equivalent to that of a public elementary or secondary school.

13. Real estate sales office during the development of residential subdivisions, but not to exceed two (2) years from the date the final plat is filed in the county plat records.

14. Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.

15. Water supply reservoirs and pumping plants, and public utilities when screened from public streets.

16. 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

c. 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.

17. 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 (not to include a driveway, yard or outside area).

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

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

The following business 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 message 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.

18. Bed and Breakfast. Refer to Section IX.

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 on each side 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 not be 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.

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 the main building 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 dock or boat house shall be closer than five (5) feet to any side property line.

c. 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.

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

E. Off-Street Parking.

1. Permitted Residential Uses: Off-street parking spaces shall be provided in accordance with the requirements set forth in Section XV hereof.

2. Permitted Nonresidential Uses: Off-street parking spaces shall be provided in accordance with the requirements set forth in section XV hereof.

F. Minimum Dwelling Requirements.

1. No used dwellings 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 building shall be constructed or moved in which contains less than twelve hundred (1200) square feet within each single family living area. Dwelling shall have a minimum of sixteen (16) inches of roof overhang with soffit where venting is required.

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. All buildings must have an address and building number if applicable.

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

a. Placed along a front property line,

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

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

4. See thru 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 (5) feet on front lot lines.

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

6. 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.

7. The driveway drainage culvert shall be located three and one-half (3 ½) 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.

8. 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.

SECTION IX. BED AND BREAKFAST FACILITIES

A. Purpose: It is the purpose of this section to provide standards for Bed and Breakfast facilities, and to ensure that the facility complies with the applicable health, fire, and LCRA standards. A permit request will be considered by the Planning and Zoning Commission and City Council. The procedures for a hearing concerning a Bed and Breakfast permit request must follow those procedures outlined in the Texas Local Government Code. Before this hearing the applicant must present a plot of the property with all requirements for a Bed and Breakfast as outlined in this section.

B. Standards: Bed and Breakfasts shall comply with all standards of the zoning district it is in plus the following special standards:

1. Breakfast for guests shall be the only meal served.

2. No cooking shall be permitted within the rooms. Outside grills are permitted.

3. No long term rental of rooms past fourteen (14) days are permitted.

4. All Bed and Breakfasts shall comply with the applicable local and state health, fire and LCRA codes. The facility shall be connected to the City of Granite Shoals water system

5. No more than four (4) bedrooms for guests will be allowed in R-1 and M-1 zones.

` 6. Guest rooms must be in the residence of the operator or in accessory buildings on the same premises.

7. A Bed and Breakfast may be operated only by a bona fide resident in or at his home. Such operator must be present (living in the home) while the Bed and Breakfast is in operation.

8. See the Sign Ordinance regarding signs for Bed and Breakfast.

9. Off-street parking. See Section XV, A, 1, r.

C. Application procedures for a conditional use permit: The application for a conditional use permit for a Bed and Breakfast shall be submitted on a form obtained at the City Hall. It shall be signed by the owner of the property and shall have attached to it the current State of Texas Department of Water Resources “Private Individual Sewage Disposal System” license.

1. Fee: A one time administrative fee of twenty-five ($25.00) is required. If a hearing is required, fee will be one hundred dollars ($100.00).

2. Inspections: The facility may be inspected, in order to ensure that it complies with applicable building, health and fire codes.

3. Permit limitations.

a. Once a conditional use permit has been issued for a Bed and Breakfast, it shall not be transferred to another location or owner.

b. The conditional use permit shall be valid only for so long as the Bed and Breakfast complies with the requirements of this Ordinance.

c. The City of Granite Shoals may immediately revoke or suspend the permit or deny either the issuance or renewal thereof, if it is found that:

(1) The applicant or permittee has violated or failed to meet any of the provisions of the Ordinance or conditions of this permit.

(2) Any required licenses have been suspended, revoked or canceled upon denial, suspension, or revocation. The City of Granite Shoals shall notify the applicant or permittee in writing of the action taken and the reasons thereof. After giving notice by certified mail, if the Bed and Breakfast has not been removed within thirty (30) days, the City of Granite Shoals may cause the closure of any Bed and Breakfast found in violation of this Ordinance.

4. Appeals: Any person aggrieved by the decision of the City of Granite Shoals, under Section IX of this Ordinance, may appeal the notice of cancellation, denial, or suspension.

a. Appeals shall be submitted to the Chairman of the Board of Adjustments in writing within fifteen (15) days following the date of mailing of the notice of cancellation, denial, suspension or revocation to the applicant or permittee.

b. The Board of Adjustments shall hear the appeal at its next possible meeting and thereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the requirements of this Ordinance.

c. Any further appeal shall be to the Burnet County District Court.

SECTION X: MOBILE HOME RESIDENTIAL DISTRICT, M-1

A. Permitted Uses: In the Mobile Home Residential District, M-1, a building or premises may be used for any of the following purposes:

1. One Single-family mobile home per lot.

2. Churches.

3. Day Nurseries.

4. Municipal Building.

5. Public Utilities.

6. Any use allowed under Section VII hereof.

7. Hangers for planes with or without a dwelling on lots bordering the airstrip.

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.

9. 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).

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

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 City 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.

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 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.

12. Bed and Breakfasts: See Section IX.

B. 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. 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 the front to the rear of the lot.

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

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. No boat dock or a boat storage building shall be closer than five (5) feet to any side property line.

C. Lot Requirements.

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

D. Off-Street Parking.

1. Off-street parking spaces shall be provided in accordance with Section XV hereof.

E. Minimum Dwelling Requirements.

1. No mobile home having less than seven one thousand (1000) square feet of living area shall be permitted in the Mobile Home (M-1) District.

F. 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 may project into a front or side yard not more than one (1) foot and 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. Placed within twenty (20) feet of the corner, on corner lots,

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

3. See thru 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. All residences shall display an address so as to be readable from the street.

6. The driveway drainage culvert shall be located three and one-half (3 ½) 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.

G. General Requirements.

1. All mobile homes shall be securely tied down, blocked and completely skirted thirty (30) days after occupancy. This provision shall have no application to mobile homes for which certificates of occupancy have been issued prior to the effective date of this Ordinance.

3. All mobile homes in the City shall comply with all regulations of the State of Texas.

SECTION XI: MOBILE HOME PARK DISTRICT, M-2.

A. Permitted Uses: In the Mobile Home Park District, M-2, a building or premises may be used only for the following purposes:

1. Mobile Home Park. Site plan required in accordance with Section V.

2. Civic:

Administrative Services

Community Recreation

Day Care (limited)

Local Utility services

Parks and Recreation

3. 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).

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

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

h. 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.

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

C. Yard Requirements.

1. Front Yard: All buildings shall have a twenty (20) foot set back from all street and highway right-of-ways.

2. Side Yard: There shall be no side yard requirement on one sideline and a twelve (12) foot side yard on the other, except when zone M-2 borders a residential zone, then a twenty (20) foot side yard shall be required on the side abutting the residential zoned property.

3. Rear Yard: In no case shall a building occupy any part of a public utility easement

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. No boat dock or a boat storage building shall be closer than five (5) feet to any side property line.

D. Lot Requirements: No mobile home may be placed on a plot of less than two thousand five hundred (2,500) square feet. LCRA requirements for septic systems 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: Off-street parking shall be provided in accordance with Section XV of this Ordinance; at least two (2) parking spaces for each mobile home or trailer house.

F. General Requirements.

2. All mobile homes in the City shall comply with all regulations of the State of Texas.

G. Privacy Fence Requirement. All property zoned M-2, Mobile Home Park District, which abuts property zoned residential shall have a privacy fence installed and maintained by the mobile home park property owner along said abutting property line.

1. 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.

SECTION XII: GENERAL BUSINESS DISTRICT ONE (GB-1)

A. Sale of alcoholic beverages: A Local Option Election was held on May 21, 1977, permitting “sale of alcoholic beverages, including mixed beverages” within the city limits of Granite Shoals. At the time of the approval of this Ordinance, this applies to all areas of General Business (GB-1), with the exception of that tract of land annexed by Ordinance 270, dated September, 1992. This tract of land is zoned General Business One (GB-1) but a Local Option Election has not been held for it.

1. In General Business One (GB-1), a business that is permitted must have “a retail on-premise consumption permit or license and less than 50% of the gross receipts for the premises is from the sale or service of alcoholic beverages.” (TABC regulatory and Penal Provisions, Subchapter C, Section 109.33,(f), (1).) An example of this permitted use is a full service restaurant. Upon the restaurant’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50% of the establishment’s gross receipts and the license application will be presented to the Building Inspector prior to TABC renewal.

2. In General Business District One (GB-1), a business that is permitted must have “a retail off-premises consumption permit or license and less than 50% of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages.” (TABC Regulatory and penal Provisions, subchapter D, 109.57 (d) (2).) An example of this is a full service grocery store. Upon the store’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50% of the establishment’s gross receipts less exclusions and the license application will be presented to the Building Inspector prior to TABC renewal.

3. In General Business One (GB-1), a business that is permitted must have “a retail off-premises consumption permit or license,” in accordance with TABC Regulatory and Penal Provisions. An example of this permitted use is an alcoholic beverage store.

4. In General Business District One (GB-1), no establishment will be permitted “that derives 75% or more of the establishment’s gross revenue from the on-premise sale of alcoholic beverages (TABC Regulatory and Penal Provisions, Subchapter D, 109.57 (d) (2). An example of this non-permitted use is a public bar.

B. Permitted Uses. In a General Business District One (GB-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 or more of the following uses listed below:

1. Accessory/portable building manufacturer

2. Automobile sales and service

3. Automobile parts and accessory sales

4. Bakeries

5. Banks

6. Building materials sales

7. Business or commercial schools

8. Carpentry, painting plumbing and air conditioning repair shop

9. Cleaning and laundry plant

10. Day Nursery

11. Drive-in restaurants, bowling alley and other similar places of entertainment.

12. Drug Store

13. Farm equipment sales and service

14. Florist shop

15. Furniture store

16. Gasoline service station or garages for the repair or maintenance of Motor vehicles.

17. Grocery and convenience stores

18. Green Houses and retail nurseries

19. Hardware stores

20. Medical out-patient clinics

21. Hotels, motels, bed and breakfast

22. Self Service Laundries

23. Nursing home

24. Office Buildings

25. Personal service and neighborhood shops

26. Pharmacies

27. Printing and copying services

28. Public Utilities

29. Radio and television broadcasting studios

30. Recreational Vehicle Sales

31. Video rental sales

32. Restaurants and other food service facilities that comply with this Ordinance.

33. Grocery stores and convenience stores that comply with this Ordinance.

34. Alcoholic beverage stores that comply with this Ordinance.

35. Resort marinas that comply with this Ordinance.

Any business not found mentioned above shall apply for review by the Planning and Zoning Committee via the Building Inspector. Any business not listed above, but approved as a business by the City Council will be added to the approved list. Accessory buildings shall be permitted only in the rear yard except when the lot on which the main building is located backs up to Residential Zones, but in no case may any accessory building occupy a public utility easement.

C. Height: No building shall be less than ten (10) feet or more than twenty five (25) feet in height.

D. Yard Requirements.

1. A front yard of not less than ten (10) feet in depth shall be provided. More space may be required under Section XV, Parking.

2. 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.

E. Off-Street Parking: The number of spaces shall not be less than that specified in Section XV hereof.

F. Loading Space Requirements: Loading space shall conform to the provisions of Section XV hereof.

G. Portable and Temporary Buildings: Portable and temporary buildings shall be permitted, subject to compliance with all applicable Ordinances related thereto; provided that a portable or temporary building of less than five hundred (500) square feet shall be allowed only when incidental to the construction of a permanent structure.

H. Lighting: No use, operation, facility, premises or parking area shall be lighted in such a manner as to provide direct glare into an adjoining residential district. All lighting in the “GB-1" district shall be hooded or shielded so that the light source is not directly visible from residential areas and public streets to avoid a hazard.

I. Noise: Where a General Business use abuts a residential district, noise shall not exceed the standards set forth in this subsection. Noise shall be measured at the common boundary of the General Business District and the residential district. Measurement of sound shall be done with an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute. The maximum permitted sound levels measured in decibels for the Industrial District abutting residential uses shall be ninety-five (95) decibels.

GENERAL BUSINESS DISTRICT TWO, GB-2

A Sale of alcoholic beverages: In General Business District Two (GB-2) the following regulations will apply to the sale of alcoholic beverages, provided that a local option election has been passed. There will be no sale of alcoholic beverages in this district until such election has been held and passed.

1. In General Business Two (GB-2), a business that is permitted must have a “retail on-premise consumption permit or license and less than 50% of the gross receipts for the premises is from the sale or service of alcoholic beverage.” (TABC regulatory and Penal Provisions, Subchapter C, Section 109.33, (f), (1).) An example of this permitted use is a full service restaurant. Upon the restaurant’s annual renewal of license, a prepared written audit and the license application will be presented to the Building Inspector prior to TABC renewal.

2. In General Business District Two (GB-2), a business that is permitted must have “a retail off-premises consumption permit or license and less than 50% of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages.” (TABC Regulatory and Penal Provisions, subchapter D, 109.57 (d) (2).) An example of this is a full service grocery store. Upon the store’s annual renewal of license, a prepared written audit that shows that the gross sale of alcoholic beverages is less than 50% of the establishment’s gross receipt and the license application will be presented to the Building Inspector prior to TABC renewal.

3. In General Business District Two (GB-2), no establishment will be permitted “that derives 75% or more of the establishment’s gross revenue from the on-premise Sale of alcoholic beverage.” (TABC Regulatory and Penal Provisions, subchapter D, 109.57 (d) (2).) An example of this non-permitted use is a public bar.

B. Permitted Uses: In General Business District Two (GB-2), all businesses that require State of Texas mandated licenses and inspections, i.e. restaurants, day nurseries, medical clinic, etc., shall have those permits prior to opening for business and maintain same. All newly constructed businesses and expanded “grand-fathered” businesses shall present a prepared site plan to the City Building Inspector. No building shall hereafter be erected, or structurally altered, unless otherwise provided for in this Ordinance, except for one or more of the following uses:

1. Accessory/portable building manufacturer

2. Automobile sales and service

3. Automobile parts and accessory sales

4. Bakeries

5. Banks

6. Building materials sales

7. Business or commercial schools

8. Carpentry, painting plumbing and air conditioning repair shop

9. Cleaning and laundry plant

10. Day Nursery

11. Drive-in restaurants, bowling alley and other similar places of entertainment.

12. Drug store

13. Farm equipment sales and service

14. Florist shop

15. Furniture store

16. Gasoline service station or garages for repair or maintenance of motor vehicles.

17. Grocery and convenience stores

18. Green Houses and retail nurseries

19. Hardware stores

20. Medical out-patient clinics

21. Hotels, motels, bed and breakfast

22. Self Service Laundries

23. Nursing home

24. Office buildings

25. Personal service and neighborhood shops

26. Pharmacies

27. Printing and copying services

28. Public Utilities

29. Radio and television broadcasting studios

30. Restaurants

31. Recreational vehicle sales

32. Video Rental Sales

Any business not found mentioned above shall apply for review by the Planning and Zoning Commission via the City Building Inspector. Any business not listed above, but approved as a business by the City Council will be added to the approved list. An Accessory building shall be permitted only in the rear yard except when the lot on which the main building is located backs up to Residential Zones, but in no case may any accessory building occupy a public utility easement.

C. Height Regulation: No building shall be less than ten (10) feet or more than forty -five (45) feet in height.

D. Yard Requirements.

1. A front yard of not less than twenty five (25) feet in depth shall be provided. More space may be required under Section XV, Parking.

2. 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 shall 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.

E. Off-Street Parking: The number of spaces shall not be less than that specified in Section XV hereof.

F. Loading Space Requirements: Loading space shall conform to the provisions of Section XV hereof.

G. Portable and Temporary Buildings: Portable and temporary buildings shall be permitted, subject to compliance with all applicable Ordinances related thereto. A portable or temporary building of less than five hundred (500) square feet shall be allowed only when incidental to the construction of a permanent structure, and shall be removed when the permanent structure is completed.

H. Lighting: No premises or parking area shall be lighted in such a manner as to provide direct glare into an adjoining residential district. All lighting in the “GB-2" district shall be hooded or shielded so that the light source is not directly visible from residential areas and public street, to avoid a hazard.

SECTION XIII: INDUSTRIAL DISTRICT, I.

A. Purpose of District: The Industrial District is intended to accommodate a wide variety of commercial services and manufacturing operations provided that such use does not constitute a nuisance to surrounding property or residents.

B. Permitted Uses: Within the Industrial District I, no building, structure, or land shall be used for any purpose other than the following

a. Light manufacturing, fabrication, assembly or processing of goods or

materials, products or equipment.

b. Public buildings and facilities.

c. Public utilities.

d. Repair, servicing, painting, packaging or cleaning of goods, materials,

products, or equipment.

e. Research, development and testing activities.

f. Warehousing and distributing operations.

g. Other uses similar to the stated permitted uses, consistent with the purpose and intent of the district and in compliance with the performance standards for this district.

C. Accessory Uses: Accessory uses shall be permitted in a main building or in a separate on-premise facility provided that such ancillary use is demonstrably

related to the permitted principal use and provided primarily for the convenience, use and service of occupants of that principal use. Accessory uses shall include the following:

1. Office, administrative or sales facilities incidental to or in support of any of the principal permitted uses.

2. Facilities provided for the benefit of employees including cafeteria, day care facilities, employee training and meeting areas, and recreation facilities.

3. Facilities for the safety, security and operation of the principal permitted use including site security offices, fire fighting facilities, first aid stations and caretaker facilities.

4. Portable or temporary buildings shall be permitted, subject to all applicable ordinances related thereto. A portable or temporary building of less than five hundred (500) square feet shall be allowed only when incidental to the construction of a permanent structure, and shall be removed when the permanent structure is completed..

5. Other accessory uses customarily incidental to any permitted principal use

D. Performance Standards: It is the intent of this section of this Ordinance to prevent any use or operation, including those permitted by this Ordinance, from creating a dangerous, injurious, noxious or unreasonably objectionable condition so as to adversely affect areas outside of the district. Specifically all uses shall operate in conformance with the standards set forth in each subsection below:

1. Screening: 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 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 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 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.

2. Noise: Where an industrial use abuts a residential district, noise shall not exceed the standards set forth in this subsection. Noise shall be measured at the common boundary of the Industrial District and the residential district. Measurement of sound shall be done with an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute. The maximum permitted sound levels measured in decibels for the Industrial District abutting residential uses shall be ninety-five (95) decibels. Noise above this standard will be permitted only five (5) seconds, twice per hour, and only four (4) times per day between 9:00 a.m. to 6:00 pm, on workdays only. Impact noise shall be measured using the fast response of the sound meter. Noise resulting from temporary construction activity shall be exempted from this section.

2. Vibration: All machines shall be mounted so as to minimize vibration and no vibration shall be produced which is discernible without the aid of instruments at the boundary of the Industrial district.

3. Air Pollution: All uses within the Industrial district shall operate in compliance with the most current revision of the regulations of the Texas Air Control Board pertaining to the control of air pollution.

4. Noxious Odors: The emission of any odors which are discernible without the aid of instruments shall be prohibited beyond the boundaries of the Industrial district.

5. Toxic and Liquid Wastes: The discharge of any toxic or liquid waste material into any outdoor area, drainage way or water course shall be prohibited. The disposal of all toxic and liquid wastes shall be performed in accordance with all applicable Federal and State laws and the City’s most recent standards for industrial pretreatment.

6. Electromagnetic Interference. No use or operation shall be conducted which adversely affects the performance of electromagnetic devices or receivers of electronic signals, including televisions and radios, outside of the boundaries of the property on which the operation occurs.

7. Lighting: No premises or parking area shall be lighted in such a manner as to provide direct glare into an adjoining residential district. All lighting in the Industrial district shall be hooded or shielded so that the light source is not directly visible from residential areas and public streets to avoid a hazard.

a. Landscaping: Uses within the Industrial district shall be landscaped and maintained in such a manner to effectively lessen the impact of parking areas, to screen storage areas from view by the general public and to provide a buffer between Industrial uses and abutting residential uses. A ten (10) foot buffer strip shall be maintained between all parking areas, roads, or storage areas and abutting residential districts. Trees with a minimum one (1) inch caliper size shall be planted and maintained every twenty (20) feet along the buffer with a residential district. Parking, loading areas and outdoor storage area which are visible from the public right-of-way shall be buffered by a row of evergreen shrubs planted at the perimeter of such areas. A landscaped street yard shall be maintained along a minimum of five (5) feet of the property, excluding access driveways, parallel to and immediately behind the right -of-way line of a dedicated public street. One tree, with a minimum one (1) inch caliper shall be planted and maintained for each twenty (20) feet of frontage along the public right-of-way.

F. Height. Area and Setback Requirements.

1. Height: The height of buildings in the Industrial district shall only be limited in areas abutting residential districts. The height on building and other improvements shall not exceed thirty five (35) feet within the first one hundred (100) feet from any perimeter abutting a residential district.

2. Area: The ground level square footage of all buildings and improvements other than street and parking areas shall not exceed sixty percent (60%) of the total area of each lot.

3. Side Yard: A side yard of twenty (20) feet shall be required when property zoned Industrial District, abuts residential districts, said side yard to be adjacent to such residentially zoned property. Otherwise no side yard shall be required on one side, and a minimum side yard of twelve (12) feet shall be required on the other. In no case may a building occupy any part of a public utility easement.

SECTION XIV. AGRICULTURAL DISTRICT (AG)

A. Purpose and Intent: The Agricultural District is intended to be used primarily in areas where agricultural/ranch uses are in use at annexation. The area might be annexed in order to qualify for City water, prior to platting for one of the various City districts.

B. Permitted Uses: In view of the potential directional growth of the City, permitted uses will vary according to the newly annexed area, and shall be treated on a case by case basis.

SECTION XV: OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS

A. Off-Street Parking Requirements.

1. When any building or structure is erected, or an existing building is enlarged by fifty per cent (50%) or more in floor area, off-street parking spaces shall be provided in accordance with the following requirements:

a. Business or Professional Office: Studio, Bank, Medical or Dental Clinic or Similar Use: Three (3) parking spaces, plus one (1) additional parking space for each two hundred (200) square feet of floor area over five hundred (500) square feet.

b. Church or other place of worship: One (1) parking space for each four (4) seats in the main auditorium.

c. Community Center, library, museum, or art gallery: Ten (10) parking spaces, plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains.

d. Dwellings: Two (2) parking spaces for each single-family dwelling. For two-family and multi-family dwellings, two and one-half (21/2) parking spaces for each dwelling unit or one (1) parking space for each bedroom whichever is greater.

e. Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop or similar use: Two (2) parking spaces, plus one (1) additional parking space for each three hundred (300) square feet of floor area over one thousand (1000) feet.

f. Hotel: One (1) parking space for each sleeping room or suite, plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including but not limited to, restaurants, news stands, and cigar stores.

g. Manufacturing and industrial establishment, research or testing laboratory, warehouse, printing or plumbing shop or similar establishments: One (1) parking space for each two (2) employees of the maximum working shift plus spaces to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each six hundred (600) square feet of floor area.

h. Mobile Homes, Trailer Houses, Trailer and Mobile Home Courts: Two (2) parking spaces for each mobile home or trailer house.

i. Motor vehicle salesrooms and used car lots: One (1) parking space for each eight hundred (800) square feet of sales floor or lot area, whichever is greater.

j. Lodge or country club: One (1) parking space for each one hundred fifty (150) square feet of floor area or for every five (5) members, whichever is greater.

k. Retail store or personal service establishment, except as otherwise specified herein: One (1) parking space for each two hundred (200) square feet of floor area.

l. Restaurant, cafe or similar recreation or amusement establishment: One (1) parking space for each two (2) seats or one (1) parking space for each one hundred (100) square feet of floor area, whichever is greater.

m. Rooming or boarding house: One (1) parking space for each two (2) sleeping rooms.

n. School, elementary: (1) parking space for each four (4) seats in the auditorium or main assembly room or two (2) spaces for each classroom, whichever is greater.

o. School, secondary or college: One (1) parking space for each four (4) seats in the main auditorium or ten (10) spaces for each classroom, whichever is greater.

p. Theater, auditorium (except school), sports arena, stadium or gymnasium: One (1) parking space for each four (4) seats or bench seating spaces

q. Tourist cabin or motel: One (1) parking space for each sleeping room or suite plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein, including but not limited to, restaurants, news stands and cigar stores.

r. Bed and Breakfast: Off street parking shall be provided for the resident and a minimum of one space for each guest room.

s. Home-based businesses: Owner shall provide on site parking for employees and visitors.

2. The following rules shall be applied in computing the number of off-street parking spaces required for each of the above uses:

a. Floor area shall mean the gross floor area of the specific use.

b. Fractional spaces shall be rounded to the next higher whole space.

c. Buildings or structures containing mixed uses shall provide off-street parking space equal to the sum of various uses computed separately.

d. The off-street parking requirements for a use not specifically listed herein shall be the same as required for a use of a similar nature as determined by the City Building Inspector.

3. All required off-street parking spaces shall be located on the same lot as the building or use served, except as follows:

a. When an increase in the number of off-street parking spaces is required by a change or enlargement of use, or where off-street parking spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required off-street parking spaces may be located at a distance not to exceed three hundred (300) feet from an institutional building served, or five hundred (500) feet from any other nonresidential building served; provided, however, that a written agreement thereto is properly executed, filed and approved by the board of adjustments as provided below. Distances shall be measured along a public street or alley.

b. Not more than fifty percent (50%) of the off-street parking spaces required for theaters, bowling alleys, restaurants or similar uses may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; provided, however, that a written agreement thereto is properly executed and filed as provided in paragraph d below.

c. Not more than eighty percent (80%) of the of-street parking spaces required for a church, school auditorium or similar use may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; thereto is properly executed filed and approved as provided in paragraph d below.

d. When the required off-street parking spaces are not located on the same lot with the building or use served, or when the required off-street parking spaces are provided collectively or used jointly by two (2) or more establishments, a written agreement which assures the retention of such spaces for this purpose shall be drawn and executed by the parties concerned, approved as to form by the City Attorney, and filed with the application for a building permit or certificate of occupancy if a change in use is involved. Such agreement then shall be submitted to the board of adjustment who shall, after a hearing hereon, approve or deny on-site parking.

4. Size of Parking Spaces.

a. All parking spaces, shall contain a minimum of one hundred sixty-six and one-half (166½) square feet and shall be approximately nine (9) feet in width and eighteen and one-half (18½) feet in depth. All parking spaces, parking or maneuvering aisles and driveways shall be of a surface material approved by the City Building Inspector.

b. A maximum of twenty-five percent (25%) of the required number of parking spaces may be compact size, measuring seven and one-half (7 ½) feet in width and fifteen (15) feet in depth. Such compact spaces shall be located in groups of at least five (5) spaces per group, and shall be conspicuously identified by appropriate signs and markings.

B. Off-Street Loading Requirements.

1. Any use that receives or distributes materials or merchandise by vehicle shall provide, when required by use district regulations, off-street loading spaces in accordance with the following requirements:

a. Industrial District uses: one (1) loading space for each ten thousand (10,000) square feet of floor area.

b. General Business District One and Two uses: One (1) loading space for each five thousand (5,000) square feet of floor area for the first fifteen thousand (15,000) square feet of floored area.

2. The following rules shall be applied in computing the number of off-street loading spaces required.

a. Floor area shall mean the gross floor area of use.

b. Fractional spaces shall be rounded to the next higher whole space.

c. Whenever a building or use, existing on the effective date of this Ordinance, is enlarged by more than fifty percent (50%) in floor area or area use, the entire building or use shall then and thereafter comply with the off-street loading requirements.

3. The required off-street loading spaces shall be located on the same lot as the building or use served.

4. A loading space shall contain a minimum of four hundred twenty (420) feet and shall be approximately twelve (12) feet in width and thirty-five (35) feet in length. All loading spaces, maneuvering aisles and driveways shall be paved.

SECTION XVI; HEIGHT AND AREA REGULATIONS, GENERAL

A: Height, Other than Residential Districts

1. The height regulations prescribed herein shall not apply to television and radio tower, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flagpoles 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 forty-five (45) feet and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards is increased by one (1) foot for each two (2) feet of additional building height above the height regulations for the district in which the building is located.

B. Front Yards, other than Residential Districts.

1. Where fifty-one percent (51%) or more of the frontage within a block is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Ordinance, the remainder of that block front yard line shall conform with the set back requirements of this Ordinance.

2. No solid fence, structure or vegetation placed or allowed to grow within twenty (20) feet each way from a corner or intersecting street right-of-way lines shall exceed four (4) feet in height. A four (4) foot see thru fence is allowed.

3. Open or unenclosed terraces, porches or roof eaves or extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, no supporting structure for such projections may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend into the required front yard; provided, such extension shall not be closer than ten (10) feet to a lot line.

C. Rear Yard, other than Residential Districts.

1. An accessory building not exceeding twenty (20) feet in height nor closer than ten (10) feet to any rear or side lot line may be located in the required rear yard. Such accessory building must not occupy more than twenty-five percent (25%) of the rear yard area calculated for any given lot using the required yard and lot dimension. An unenclosed parking space shall not occupy more than eighty percent (80%) of the calculated rear yard areas.

SECTION XVII: NON-CONFORMING BUILDINGS AND USES

A. Regulations: The lawful use of any building, structure or land existing on the effective date of this Ordinance may be continued, although such use does not conform with the provisions of this Ordinance. However, the right to continue such nonconforming use shall be subject to the following regulations:

1. Normal repairs and maintenance may be made to a nonconforming building or structure; provided, that no structural alterations shall be made except those required by law or Ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms.

2. Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the zoning district in which such building or structure is located.

3. A nonconforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the zoning district in which it is to be located.

4. If a nonconforming building or structure is damaged or destroyed to an extent of less than sixty percent (60%) of its fair market value by fire, explosion, act of God or the public enemy, then restoration or new construction shall be permitted. If destruction is greater than sixty percent (60%) of its fair market value, such building or structure and its use, if repaired or replaced, shall conform to all regulations of the zoning district in which it is located, and it shall be treated as a new building.

5. A vacant, non-conforming building or structure lawfully constructed before the day of enactment of this Ordinance may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of ninety (90) days after the effective date of this Ordinance. The use of a non-conforming building or structure lawfully constructed before the date of enactment of this Ordinance which becomes vacant after the effective date of this Ordinance, may be reoccupied by the use for which the building or structure was designed or intended, if so occupied within a period of ninety (90) days after the building or structure become vacant. All such buildings after ninety (90) days of vacancy, shall be converted to a conforming use.

B. Non -conforming Buildings May Not be Changed or Expanded. The nonconforming use of a building or structure may be continued as hereinafter provided:

1. The nonconforming use of a building or structure may not be changed to a use which does not conform to the requirements of the zoning district in which it is located.

2. A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building or structure or portion thereof shall conform to the regulations of the zoning district in which such building or structure is located.

C. Continuation of Existing Uses: The nonconforming use of land existing at the time of the effective date of this Ordinance may continue as hereinafter provided.

1. Non-conforming use of land shall not be expanded, extended or changed to some other use not in compliance with the regulations of the zoning district in which the land is situated.

2. If a non-conforming use of land or any portion thereof, is voluntarily discontinued for a period of ninety (90) days any future use of such land or portion thereof shall be in conformity with the regulations of the zoning district in which such land or portion thereof is located.

3. Any sign, billboard or poster panel which lawfully existed and was maintained at the time of the effective date of this Ordinance, may be continued, although such uses do not conform with the provision of this Ordinance; provided, however, that no structural alterations are made thereto.

D. Abandonment: The non-Conforming use of a building, structure or land which has been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned when:

1. The intent of the owner to discontinue the use is apparent.

2. The characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days.

3. A non-conforming building, structure or land, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a period of ninety (90) days.

4. A non-conforming use has been replaced by a conforming use.

E. Change in Zoning District Boundaries: Wherever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another zoning district, or when the boundaries of zoning districts are changed as the result of annexation of new territory, or changed in the regulations or restrictions of this Ordinance, the foregoing provisions relating to non-conforming uses shall also apply to any uses existing therein which may be or become non-conforming.

SECTION XVIII. ADMINISTRATION.

A. Enforcement: This Ordinance shall be enforced by the City Building Inspector appointed by the City Council. No oversight or dereliction on the part of the City Building Inspector or on the part of any official or of employees of the City or county shall legalize, authorize, and/or excuse the violation of any of the provisions of this Ordinance.

B. Permits and Variances Required and appeal procedures.

1. The construction, alteration or repair, removal or reconstruction of any structure or any part thereof as provided, or as restricted herein, shall not be commenced until after the issuance of a written permit for the same by the City Building Inspector, and full compliance with the provisions herein. This permit shall be valid for one (1) year unless otherwise noted by the City Building Inspector.

2. Variance: In order to be granted a variance for set backs on all property lines, the Petitioner will have acquired in writing a release of utility easements from Pedernales Electric Cooperative and Verizon Telephone, Inc. and from the adjacent property line owners.

The petitioner shall apply for a variance from the City Building Inspector, who shall file a written report on each variance. He shall inspect the property, and present the report, along with the variance, for the concurrence of the Mayor.

Should the Mayor decide that this particular variance requires the additional study and approval of the Planning and Zoning Commission and the City Council then the Mayor shall send the request for the variance to those two bodies.

C. Building Permit and Certificate of Occupancy: It shall be unlawful for any person, firm or corporation to commence the construction, enlargement or structural alteration of any building or structure in the city, without first applying for and securing a Building Permit. All new buildings or structures and all extensive (50% or more of area) remodeling of existing structures or buildings, must secure a certificate of occupancy from the City Building Inspector. Application shall be made on forms furnished by the City Building Inspector. Every certificate of occupancy shall state that the occupancy complies with all provisions of this Ordinance and adopted construction codes.

D. District Boundaries: Where uncertainty exists, with respect to the boundaries of the various zoning districts as shown on the zoning district map accompanying and made a part of this Ordinance, the following rules apply.

1. The zoning district boundaries are either street or alley centerline unless otherwise shown. Where the zoning districts designated on the map accompanying and made a part of this Ordinance are bound approximately by the street or alley centerline, the street or alley center lines shall be construed to be the boundary of the zoning district.

2. Where the zoning district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines, and where the zoning districts designated by the zoning district map accompanying and made a part of this Ordinance, are bound approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning districts unless the boundaries are otherwise indicated on the map.

3. In un-subdivided property, the zoning district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by the use of the scale appearing on the map.

4. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall therefore be subject to all regulations of the extended zoning districts.

5. Where the streets or alleys on the ground differ from the streets or alleys as shown on the official zoning map, the street or alleys on the ground shall take precedence.

6. If none of the above apply, the Board of Adjustments shall determine the location of the zoning district boundary.

E. Interpretation: In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Ordinance imposes a greater restriction this Ordinance shall take precedence.

SECTION XIX: BOARD OF ADJUSTMENT

The Mayor, with the concurrence of the City Council, shall appoint a Board of Adjustment when required. The Board shall carry out its assignment and be bound by the Texas Local Government Code, presently found in part 211.008 thru 211.014.

SECTION XX: ANNEXATION AND ZONING OF ANNEXED AREAS

A. Annexation by the City of Granite Shoals, whether it be voluntary, involuntary or by Special Bills, shall be carried out in accordance with the procedures outlined in the current Texas Local Government Code entitled “Municipal Annexation”.

B. Zoning Annexed Areas: All territory annexed to the City shall be temporarily classified as to it’s most obvious current use, i.e. General Business Two (GB-2) or Single-Family District until permanently zoned by the City Council. The Planning and Zoning Commission shall, as soon as practicable, after annexation of any territory, recommend to the City Council a plan for the permanent zoning of the area.

C. Permits in Temporarily Zoned Areas: In an area temporarily zoned, no permits for the construction of a building or use of land shall be issued by the City Building Inspector. He may issue such permits when the areas are permanently zoned.

SECTION XXI: VIOLATION, PENALTIES, AND FINES.

A. Violation and Penalties: The owner of a building or premises, in or upon which a violation of any provision of this Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises, in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person, firm or corporation who commits, takes part, or assists in any violation, or who maintains any building or premise, in or upon which such violation exists, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine (refer to our fine Ordinance). Each and every day such violation continues may constitute a separate offense.

B. Other Remedies: In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the appropriate authorities of the City, in addition to other remedies, may institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

C. Any person found to be willfully violating the provisions of this Ordinance shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00). Each and everyday such violation continues shall constitute a separate offense.

SECTION XXII: CHANGES AND AMENDMENTS TO THE ZONING ORDINANCE

A. General Authority. The City Council may from time to time by Ordinance, amend, supplement, change, modify or repeal the boundaries of the various zoning districts and the regulations herein established. Before taking any such action, the City Council shall submit the same to the Planning and Zoning Committee for its recommendations and report.

B. Procedure Before the Planning and Zoning Committee.

1. No action to amend, supplement, change, modify or repeal the Zoning Ordinance shall be final until there has been a public zoning hearing thereon with public notice or such hearing as required by the Texas Local government Code.

2. The Planning and Zoning Committee shall hold a public hearing and review in accordance with the procedures outlined in the current edition of the Texas Local Government Code in that particular chapter regarding “Regulations of land use, structures, businesses, and related activities”.

C. Procedure Before the City Council. The City Council shall also follow the guidelines stated in the Texas Local Government Code when considering a change in the Zoning Ordinance.

D. Fees for Requesting a Change in Zoning. An applicant requesting an amendment, supplement, change or modification of this Ordinance, or requesting a hearing before the Board of Adjustment, which required the sending of notices, shall pay a fee for the filing, processing and legal notification of adjacent property owners as prescribed in Ordinance 248.

SECTION XXIII: VALIDITY

If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of the provisions thereof, other than the part so decided to be invalid or unconstitutional.

SECTION XXIV: EFFECTIVE DATE.

In as much as this is a zoning Ordinance for the purpose of promoting the public health, safety and general welfare, the City Council has determined that the passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety, and shall become effective on and after the date of its adoption and publication by the City Council.

PASSED AND APPROVED THIS 24th DAY OF AUGUST, 2004.

Pat Crochet, Mayor

City of Granite Shoals

ATTEST:

Ronda Reichle

City Secretary

Send mail to citysecretary@graniteshoals.org with questions or comments about this web site. Last modified: 08/14/06

Send mail to citysecretary@graniteshoals.org with questions or comments about this web site.
Last modified: 08/14/06