Chapter 40 Zoning [1]

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 chapter, the following rules apply:

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

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 chapter, 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.

In unsubdivided property, the zoning district boundary lines on the map accompanying and made a part of this chapter shall be determined by the use of the scale appearing on the map.

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.

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.

If none of the boundaries set forth in this subsection apply, the board of adjustment shall determine the location of the zoning district boundary.

§ 40-4 Annexation and zoning of annexed areas.

Interpretation.

In interpreting and applying the provisions of this chapter, 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 chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction this chapter shall take precedence.

§ 40-3 Board of adjustment.

The city council, pursuant to Article III, Division 2 [chapter 2, article III, division 2] of this code of ordinances as well as the article VIII of the Charter, as may be amended, shall appoint a board of adjustment when required. The board shall carry out its assignment and be bound by Texas Local Government Code secs. 211.008 through 211.014.

(Ordinance 885 adopted 12/9/2025)

Annexation by the city, shall be carried out in accordance with the procedures outlined in the Texas Local Government Code.

The owner of land to be annexed may submit an application to zone the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification. Zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption has occurred and as a separate and distinct action by the city council.

Upon annexation, annexed property shall be automatically zoned Agricultural District, AG, until it is rezoned to another zoning classification. It is anticipated that agriculture zoned land will eventually be rezoned to another more permanent, urban zoning classification in the future.

As soon as practical following annexation, but in no event more than 120 days thereafter, the city council shall, on its own motion or by application from the property owners of the annexed area, initiate proceedings to establish zoning on the newly annexed territory.

§ 40-5 Changes and amendments to the zoning ordinance.

The initial zoning of a land parcel after annexation, whether by initiation of the landowner or by initiation of the city, shall meet the requirements for notification and public hearings as set forth in this ordinance and all other applicable state laws.

(Ordinance 885 adopted 12/9/2025)

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 commission for its recommendations and report.

Procedure before the planning and zoning commission.

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.

The planning and zoning commission 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.”

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.

Fees for requesting a change in zoning.

Fees for requesting a change in zoning. An applicant requesting an amendment, supplement, change, or modification of this chapter, 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 appendix B, Schedule of fees and charges, of this Code of Ordinances.

(Ordinance 885 adopted 12/9/2025)

§ 40-6 Definitions.

Generally.

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

Accessory building and uses

Specifically.

Where necessary for a reasonable construction of this chapter, 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 term “building” shall include the term “structure”; the term “shall” is mandatory and not directive; the term “lot” includes the term “plot.”

means a subordinate building or portion of the main building, the use of which is incidental to that of the principal use of the main building or land which is enclosed and occupiable to humans, such as workshops, garages, guest suites, or studios. An accessory building may not be used for commercial leasing, or rental as an apartment, dorm, accessory dwelling unit, or short-term rental.

Accessory structure and uses

means a detached, subordinate structure, the use of which is incidental to the principal use of the main structure or land which is not occupiable to humans, such as pergolas, gazebos, or storage sheds. An accessory structure may not be used for commercial leasing, or rental as an apartment, dorm, accessory dwelling unit, or short-term rental.

Agent

means an individual or organization retained or utilized by owner to list, advertise, and/or manage short term rentals for an owner’s residential property.

Amusement center

means an establishment for which the principal use of the property is the exhibition of coin-operated amusement machines. The following conditions shall create a presumption that the principal use of the property is the exhibition of coin-operated amusement machines:

The offering of five (5) or more amusement devices, including, but not limited to, coin-operated games, shooting galleries, table games and similar recreational diversions within an enclosed building; or

Alcoholic beverage stores that comply with chapter

The establishment earns more than 50% of its income from the offering of coin-operated amusement machines.

Retail business that predominately sells prepackaged alcoholic beverages, including liquors, wine, or beer, usually intended to be consumed off premises.

Apartment house and apartments

mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments, or which is occupied as the home, or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Automobile parts and accessory sales

Sells equipment and parts used for repairing, servicing, or customizing vehicles.

Automobile sales and services

Establishment that sells or rents passenger vehicles, such as cars, trucks, vans, motorcycles, or boats. This use would also include maintenance, sale of vehicle parts and accessories.

Bakeries

Produces and sells baked goods, such as bread, cookies, cakes, doughnuts, bagels, pastries and pies.

Board

means the board of adjustment of the city.

Building

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

Building area

means the total area enclosed by a line formed by the outside surface of all walls at the foundation line.

Building height

means the vertical distance from the highest point of the property to the highest point of the structure.

Building line

means a line behind which all buildings must be built, such line generally parallel to the front, side or back line.

Building lot

means 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.

Childcare

A facility where young children are taken care of, especially while their parents are working.

Church, rectory, temple, and other similar places.

A religious institution that is organized and operated exclusively for religious, educational, scientific, or other charitable purposes, which may include conducting religious ceremonies and providing a residence for the leader.

City

means the City of Granite Shoals, Burnet County, Texas.

City manager

means The city manager of the City of Granite Shoals or his/her designee.

City official

means the city manager, police chief, code compliance officer or other legally designated head of a city department or his/her authorized representative when acting in an official capacity.

Cleaning and laundry plant

A facility used for cleaning fabrics, textiles, clothing, and laundry by immersion and/or agitation in solvents or other processes. A plant is a central facility that provides cleaning services to various business types.

Coin-operated amusement machine

means any kind of machine or device operated by or with a coin or other United States currency, metal slug, token, electronic card, or check, that is used or is capable of being used to dispense or afford amusement, skill, or pleasure or is operated for any purpose, other than for dispensing only merchandise, music, or service. The term:

Includes an amusement redemption machine, "8-liner," video slot machine, video lottery terminal (VLT), or machine or device that dispenses merchandise or commodities or plays music in connection with or in addition to dispensing amusement, skill, or pleasure; and

Dwelling or dwelling unit

Does not include an amusement machine designed exclusively for a child.

Commercial recreation

means 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

means 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.

Contractor

means a person that contracts or subcontracts to perform work or provide services or supplies, including but not limited to, general contractor, road contractor, lath, plaster or masonry contractor, plumbing contractor, electrician, and truck hauling.

Contractor’s yard

means an area and/or building used to store equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials customarily required in the construction trades of a contractor engaged in building or other construction businesses, including but not limited to plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. The term “contractor’s yard” may include an office that shares the site. Normal maintenance of equipment is allowed. The definition of a contractor’s yard shall not apply to those instances where materials stored are to be used within 180 days for the improvement of a residence or business on the property where it is to be constructed.

District

means a zoning district which is a part of the city, wherein the regulations of this chapter are uniform.

Driveway

means a private roadway to a parking space, garage, dwelling, or other structure or to individual lots and located entirely within the property owner’s property.

Driveway approach

means that portion of a driveway that extends from the property line to the primary road surface, which should include the approved drainage culvert.

Dumpsters

A large, heavy-duty container designed for collecting and transporting waste materials.

means a building or portion thereof, designed and used exclusively for living, sleeping, cooking, and eating, including single-family, two-family and multifamily dwellings, but not including hotels, motels, campers or camp trailers, or any vehicle or portable structure having no permanent foundation other than wheels, jacks or skirts.

Eaves

means the projecting lower edges of a roof overhanging the wall of a building.

Enclosed storage

means area surrounded by a solid fence or wall to a height of six or more feet which effectively screens the contents from view and protects from the spread of fire and vandalism.

Enforcement authority

means the city manager of Granite Shoals or the person or department to whom the city manager may delegate enforcement responsibility.

Entertainment and recreation

Commercial or public venue designed to provide amusement, performance, or leisure experiences.

Farm equipment sales and service

A retail establishment selling, renting, or repairing agricultural machinery, equipment and supplies.

Fences

mean constructed barriers, typically made of wood, metal, or wire, that encloses or separates an area, and may be used to mark property boundaries and provide security or privacy.

Firewall

means a masonry wall, eight inches or more in width, which is continuous from foundation through the roof and is without openings other than fire proof doors.

Financial services

Financial institution that accepts deposits from the public and creates a demand deposit, makes loans and other various lending activities.

Food and beverage

Business that prepares, sells, or serves food products to the public. Examples might be cafes, food trucks, bakeries, or other establishments where food is the primary focus.

Funeral home

A business establishment that provides services related to the care, preparation, and burial or cremation of deceased individuals.

Furniture store

Retail store that sells furniture and related accessories.

Gas station

means a facility where fuels for motor vehicles, powered watercraft and motorized equipment are sold and dispensed at retail. Such fuels may include, but are not limited to, gasoline, E85 and other ethanol blends, diesel, biodiesel, compressed gases, and other motor fuels. Gas stations may also sell fuel additives and lubricants, but maintenance/repair services are prohibited.

Good quality

means usable for its intended purpose and without visible defect, rust, rot, deterioration, or other condition that would result in a loss of structural integrity or otherwise create a risk to health and safety.

Greenhouse and retail nurseries

Facility used for propagation, production, and sale of agricultural or ornamental plants. Serves the market by selling plants directly to customers.

Grocery/market/convenience store

Retail establishment primarily engaged in the sale of a general or limited line of food products and non-grocery products intended for home preparation or easy to grab products; may be attached to gas stations.

Hardware store

Retail establishment that sells a variety of tools and home improvement items.

Hardware stores/sale of building material

Retail store that sells household hardware for home improvement projects, home building materials, hand and power tools, electrical/plumbing supplies, paint, lawn and garden products and construction and maintenance materials.

Hospitals

A licensed medical facility that provides comprehensive health care services, including diagnosis, treatment, and care for individuals who are ill or injured.

Hotel (Hospitality)

A commercial lodging facility that provides temporary public accommodation for to transient guests for consideration, typically for less than 30 consecutive days, that may include a variety of guest services and amenities, such as onsite restaurants, bars, conference rooms, fitness centers, and pools. The term "hotel" includes a hotel, motel, tourist home, tourist house, tourist court, inn, roominghouse, short-term rental, or bed and breakfast. The term "hotel" does not include a hospital, sanitarium, nursing home, or a dormitory as defined in Texas Tax Code § 156.001.

Laundromat

Facility where customers can wash and dry their clothes themselves without professional help.

Loading space

means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials.

Lot

means 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

means a lot situated at the intersection of two streets.

Lot, interior

means a lot other than a corner lot.

Lot line, front

means 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.

Lot of record

means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk; or a parcel of land, the deed of which was recorded in the office of the county clerk.

Lot, through

means a lot other than a corner lot, with frontage on two 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.

Machine or fabrication shop

Facility that specializes in joining, repairing, or cutting metal materials using skilled welders.

Manufactured home

A factory-built dwelling constructed after June 15, 1976, in compliance with HUD-Code (Manufactured Home Construction and Safety Standards) that are built on a permanent chassis, transported in one or more sections and installed on a permanent foundation. (Mobile Homes were constructed prior to June 15, 1976, prior to HUD-Code)

Marina

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

Medical and health services

Healthcare facility where patients receive diagnosis and treatment without being admitted to a hospital.

Modular/industrialized housing

Method of construction where homes are built in sections (modules) or components in a factory setting, then transported onsite for assembly. This type of housing must comply with the criteria outlined in the Residential Zoning District.

Motel

Refer to hotel definition.

Nonconforming building

means any building or part thereof that does not conform to current use regulations but did conform to the use regulations in effect at the time the use was established.

Nonconforming use

means a land use that does not conform to current use regulations, but did conform to the use regulations in effect at the time the use was established.

Nursing homes/assisted living

A private institution providing residential accommodations with healthcare, especially for elderly people.

Office buildings

Buildings used for administrative, clerical or educational activities.

On-site storage container

means a portable storage container designed and constructed as a standardized, reusable vessel intended to be loaded on a truck, rail car or ship and modified to be used for storage purposes. Examples include, but are not limited to, Conex boxes or any other portable storage container.

Overhang

means the part of a roof or wall that extends beyond the facade of a lower wall.

Owner

means any person or legal entity claiming ownership or title of real property, including but not limited to:

Holder of fee simple title.

Holder of life estate.

Holder of a leasehold estate for an initial term of five years or more.

A buyer in possession, or having right of possession, under a contract or deed.

A mortgagee, receiver, executor, or trustee in possession or control or having right of possession or control of real property

Personal service-neighborhood shops

Any agent who is responsible for managing, leasing, or operating of property.

Parking space, private.

See section 40-16.

Parking space, public.

See section 40-16.

Paved areas

means an area surfaced with asphalt, concrete or similar all weather surface. See section 40-16(d)(1).

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.

Provides needs of individual customers related to care, cleaning or repair, examples might be barbershop, hairdressers, beauty salon, tanning, shoe repair and laundromat. Small businesses located in local communities often provide specialized products or services.

Pharmacy

A retail establishment primarily engaged in the preparation, dispensing, and sale of prescription and non-prescription medications, health and wellness products, and related goods.

Planning and zoning commission

means the planning and zoning commission of the city.

Printing and copying services

Printing, publishing or graphic arts services.

Public use

means any use controlled by the city, county, state, federal or any other governmental entity or agency.

Public utility

means an organization supplying but not limited to water, electricity, transportation, sewage treatment and disposal, solid waste collection and disposal.

Recreational vehicle park or RV park

means a lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.

Recreational vehicle sales

Establishment that sells and or rents new and or used recreational vehicles, travel trailers, boats, watercrafts and similar types of vehicles.

Repair facility 1

means a facility that combines retail sales such as auto parts, supplies and accessories and provides limited repair services that do not involve major mechanical overhauls such as:

Minor repairs or part replacements (e.g., tires, batteries, hoses, spark plugs, filters).

Routine services like oil changes, tune-ups, brake work, and inspections.

Repair facility 1 does not allow major engine or body work, and all repair work must be done indoors.

Repair facility 2

means a facility that provides all services in Repair 1 including major repairs such as:

Engine and transmission work.

Air conditioning system reconditioning.

Collision services (body, frame, or fender straightening or repair).

Customizing and painting.

RV, boat, and trailer storage

Wrecker services.

These types of uses may require more strict zoning regulations due to noise, environmental impact, vehicle storage, and the use of outdoor work areas.

Residential occupancy

means occupancy in a building or structure or portion thereof that is used or intended to be used for living, sleeping, and/or cooking or eating purposes.

Resort complex

means 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.

Resort marinas

Facility that offers safe place to dock, coverage from the elements and possible recreational amenities such as swimming pools, fitness centers, and lounges.

Restaurants and bars

means a retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.

Facility used for parking and storage of trailers, motor vehicles and recreational vehicles. Texas Administrative Code, Title 34, Part 1, Rule § 3.294 (Real Property Rental and Lease).

RV or recreational vehicle

means vehicular-type portable homes designed as a temporary dwelling for travel, recreational, and vacation uses that are without a permanent foundation that can be towed, hauled, or driven and including, but not limited to, recreational travel trailers, truck campers, pop-up camping trailers, motorized recreational vehicles or mobile homes, motor coach homes, converted trucks and buses, tent trailers, and fifth wheel motor homes. Such homes shall not exceed eight (8) feet in width and forty-six (46) feet in length and shall be classified as a recreational vehicle whether or not its wheels, rollers, skids, or other rolling equipment have been removed, and whether or not any addition thereto has been built on the ground.

RV, watercraft and trailer storage (commercial)

means the storage of one or more recreational vehicles, watercraft or trailers for a fee or other compensation.

School, private (primary or secondary)

An educational institution that is independently funded and operated.

School, public schools

A public school is an educational institution that is funded and operated by government agencies, typically at the local, state, or federal level. Tuition-free for students residing within the designated school district or jurisdiction. Open to all students, regardless of background, income, or academic ability. Required to follow state-mandated curriculum standards, assessments, and regulations. Staffed by certified educators and subject to oversight by public education authorities.

Shopping centers

A group of retail stores and related commercial establishments that are planned, developed, and managed as a single property. These centers are designed to provide convenient access to a variety of goods and services for consumers in one location.

Short-term rental or vacation home rental

means a licensed residential dwelling unit or any portion of a dwelling unit that is occupied for short-term use by any person other than the primary owner for any form of compensation and for a period of not more than 30 consecutive days, and that has registered this use with the City in accordance with the City's ordinances. A short-term rental does not include a hotel or motel.

Signs

means 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. Refer to § 40.24.

Site plan

means a plan for a development, other than a subdivision construction plan, submitted by an applicant to demonstrate that the development complies with the requirements of this chapter such as building layout, parking, drives, landscaping, screening, and other site improvements. For the purposes of the recreational vehicle section of this chapter, a site plan requires a sketch or drawing depicting the proposed location of the recreational vehicle on the property the recreational vehicle will be placed, including fence lines of the property, structures on the property, the approximate size and proposed location of the recreational vehicle on the property, and approximate distances between the proposed location of the recreational vehicle and the fence line and structures on the property.

Street

means a right-of way, whether public or private and however designated, which provides vehicular access to adjacent land. Streets may be of the following categories:

Major thoroughfares, also known as arterial streets or primary thoroughfares, which provide vehicular movement from one neighborhood to another or to distant points within the city, and including freeways or highways leading to other communities.

Collector streets, also known as feeder streets or secondary thoroughfares, which provide vehicular circulation within neighborhoods, and from local streets to major thoroughfares.

Local residential streets, also known as minor thoroughfares or streets, which primarily provide direct vehicular access to abutting residential property.

Technical and vocational schools

Private streets are streets which are owned and maintained by an individual or group of individuals and are not dedicated to the public.

Structurally altered

means 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.

Offers comprehensive education in various disciplines related to the world of business and management.

Temporary placement of a recreational vehicle

means the temporary use of a recreational vehicle at a location, and for a duration, as permitted and defined in Section 40-30(b).

Temporary use of recreational vehicle

means any overnight stay of any person within the recreational vehicle pursuant to this Code.

Tenant

means any person or agent, not the owner, who occupies a residence for any period of time.

Tool and equipment rental

Industry providing machinery, equipment and tools for a limited time to users, mainly general contractors, or individual consumers for personal use.

Veterinarians

A licensed medical professional who is trained to diagnose, treat, and prevent diseases and injuries in animals.

Visibility triangle

means a triangular right-of-way dedication (corner clip) measuring 10 feet by 10 feet, measured at the property line, that is required on corner lots at the intersection of two streets or intersection of a street and an alley to provide sufficient room for intersection visibility.

Wholesale distributor

means a distributor that sells motor fuels and lubricants at a wholesale level. No maintenance/repair services are provided.

Yard

means 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,

means the widest side yard of a lot.

Yard, rear,

means the 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,

means the narrowest side yard of a lot.

(Ordinance 885 adopted 12/9/2025)

§ 40-7 General compliance for all districts.

Temporary electrical meters should be installed and maintained in a safe manner, Pedernales Electric Cooperative (PEC), should be consulted for specific safety requirements at installation.

Surface area of any building facade must be a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. Wood must be properly painted, stained, protected, sealed or otherwise treated appropriate for the type of wood material used. Sheets of pressed wood or plywood material, not specifically engineered for use as exterior siding, are acceptable when applied to an accessory storage building.

Hangars.

Personal hangars are buildings or structures, suitable for the primary use of housing, storing, and sheltering an aircraft, and which may be constructed on any lot bordering the Granite Shoals city-owned airstrip, with or without a residential dwelling on the lot.

Fencing.

Permit required.

A fence permit is required before the construction of any fence. The permit fee shall be found in the General Fee Schedule for the City of Granite Shoals.

Fence materials.

All fences shall be constructed with good quality materials as defined in this chapter.

Cinder block or Concrete Masonry Units (CMUs) that have the appearance of cinder blocks shall not be considered a masonry product unless treated with mortar, plaster, or other method that completely conceals the block's texture and the outline of the blocks (e.g., creating an adobe-like or rock appearance). Decorative CMU's that mimic rock, stone, or other masonry are permitted.

Agriculture fence materials such as T-Post, rolled wire fence, stranded wire, barbed wire, cow panel, corral panel, and all other types of agriculture fencing shall not be allowed in any residential district. Sheet metal of any kind is not permitted.

Sheets of galvanized welded wire panels of 20 feet or less, framed in wood, metal or masonry are allowed.

Wood restrictions.

Dimensioned or milled lumber is permitted.

ii.

All wood products shall be from a decay-resistant species of wood or treated with the necessary chemicals or coatings to prevent decay.

iii.

Solid sheet lumber or siding panels are not permitted.

iv.

Creosote or similarly-treated wood products such as utility poles and railroad ties are not permitted.

Wood lattice is permitted if framed in wood, metal, or masonry.

vi.

Natural, nonmilled timber or post (hereafter referred to as "timbers") may be used, provided:

Each like-member of the fence (posts, rails, pickets or panels, etc.) shall be constructed from timber of the same nominal dimensions.

Repeating gaps or open spaces in the fence design shall be of the same nominal dimension and shall be spaced at regular intervals.

Variations in timber length are permitted to achieve a repeating scalloped, peaked, or arched appearance with a maximum height that is consistent with subsection (3), below.

Timbers shall be affixed to one another or to other fencing materials using modem hardware. "Lashing" with rope or wire is not a permitted method of attachment.

Exposed ends of all timbers shall have a clean cut and shall not appear to be broken or splintered.

A fence constructed in whole or in part out of timbers shall have a finished and clean appearance similar to a fence of the same design and constructed of dimensioned lumber.

A wooden fence may be braced by concealed metal posts, including metal pipe, provided that the pipe is not visible from the side of the fence that faces the nearest property line. Pipe used as wooden fence bracing must be of good quality and can be new or used, provided that any nongalvanized pipe must be painted.

Fence height and location.

Fences may be located on the inside of the property line.

Except as provided in subsections (d)(3)c. and d., below, fencing shall not exceed six (6) feet in height from the normal grade elevation.

Corner lots (with house). For corner lots on which a house is located, the side of the lot that faces the street that corresponds to the building's street address shall be considered the front yard, and the side of the lot that faces the side street shall be considered the side yard.

No portion of a fence located on a corner lot within the front yard 20 foot setback may exceed four feet in height, unless it is less than 50% density.

ii.

The remainder of the yard on a corner lot with a house may be fenced in the same manner as any other side yard adjacent to a street; provided, however, that the fence must have a corner clip on an angle beginning in the front yard at the intersection of the front street right-of-way and a line projecting perpendicular to the front street from the front corner of the house, and ending in the side yard at the intersection of the side street right-of-way and a line projecting perpendicular to the side street from the front corner of the house. See figure 1:

Figure 1.

Corner lots (vacant).

For corner lots on which no house is located, the yard may be fenced in the same manner as any other side yard adjacent to a street; provided, however, that the fence must have a corner clip on an angle beginning at the intersection of the 10-foot side yard setback with the lot line, and ending at a point on the street right-of-way located a minimum of 10 feet from the lot line. See figure 2:

Figure 2.

No portion of a fence traversing the front facade of a house, whether in the setback or not, may exceed four feet in height, unless it is less than 50% density.

Lights, capitals, finials, caps, or other adornments to the tops of any posts, pillars, or columns, shall not exceed allowed fence heights by greater than 12 inches (one foot). Such adornments may not be connected to one another by any means above the fence height restriction.

Interior fencing.

Specific to vegetation, dog runs, gardens, trees.

Interior fencing not to exceed six feet in height is allowed for the purpose of aiding or protecting the growth of plants or trees, gardens, or to be used for dog runs or enclosures.

Easements.

No structure, or portion thereof, including sidewalk/flatwork, may encroach on any easement.

House addresses.

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

Numbers shall be legible and contrasting from the color of the structure. Numbers shall be at least four inches in height if the residence is 100 feet or less from the roadway, and six inches in height if the residence is 100 feet or more from the roadway.

If a residence is situated such that the residence is either obstructed by natural vegetation or set off the roadway at a distance which prohibits the numbers from being viewed from the roadway, then a minimum of four-inch numbers shall be affixed to either a permanent ground-mounted mailbox situated directly in front of the residence, and if the mailbox is situated in such a manner it is not located directly in front of the residence, then an address placard, mounted onto a pole at least three feet above the level of the ground, mounted directly in front of the residence, shall be erected.

Drainage.

For new construction or lots that have been substantially improved in a manner that will affect the current drainage patterns on the property, if city staff determines that civil engineering services are necessary, the lot owner shall pay all engineering fees related to the routing of stormwater drainage. A property owner who plans to build a structure over a culvert or natural drainage shall have the design approved by city staff. A stamp from a civil engineer shall be required before a building permit is granted. Additional drainage requirements as described in Code of Ordinances chapter 32 may apply.

§ 40-8 Establishment of zoning districts and boundaries, and governing building codes.

Any and all existing lots having natural drainage on or across them shall be evaluated by city staff.

Districts established.

For the purpose of this chapter, the city is hereby divided into districts as follows:

Single-Family Residential District	R-1
Multifamily Residential District	R-2
Manufactured Home Residential District	MH-1
Manufactured Home Park District	MH-2
General Business District One	GB-1
General Business District Two	GB-2
Industrial District	I
Agricultural District	AG
Planned Development District	PD

Zoning map.

The location and boundaries of the districts herein established are shown upon the official zoning map, which is hereby incorporated into this chapter. The zoning map is maintained at city hall.

Permitted uses are listed for the various districts.

Uses not specifically listed are prohibited.

§ 40-9 General compliance for General Business I (GB-1), General Business II (GB-2) and Industrial Districts (I).

Used buildings.

No building which is not constructed of a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building, shall be designated for use for any purpose or in any manner moved, relocated or permanently installed within the corporate limits of the city; provided, however Texas Manufactured Housing, or Texas Industrialized Housing, no older than five years of age, and used for residential purposes in a district zoned residential, shall be exempt from this section.

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.

Purpose.

The purpose of this section is to provide control over the structures in business and industrial areas of the city so that they will complement existing activities, structures and neighborhoods and conform to future plans of the city’s growth.

Review.

An applicant for a building permit for new construction or remodeling on any property zoned General Business One (GB-1), General Business Two (GB-2) or Industrial District (I) must submit to the city manager or city manager’s designee for review description of the activity to be conducted, the location, building plans, site plans with dimensions, drawings and specifications.

Approval.

Approval will be given based upon the appropriateness to the specific activity at the specific location with regard to existing activities, structures and neighborhoods and to the plans of the city.

Rejection.

If the review results in a rejection of the submitted plans, the city manager or city manager’s designee will send a letter of rejection to the applicant within five business days after rejection is given stating the specific reasons for the rejection. The applicant may modify the plans accordingly and resubmit the new plans to the city manager or city manager’s designee at any time after this notice is received.

Appeals.

Any person may appeal the city manager or city manager’s designee’s decision (rejection) to the board of adjustments.

Design guidelines.

The following will be used as guidelines in determining the acceptability of submitted designs:

All plans submitted, must comply with the building codes in effect for the city at the time said plans are submitted.

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.

Driveways and parking areas must be graded and paved or graveled with a dust-free material (includes granite gravel).

Minimum landscaped open space must be provided as follows:

Office uses: Fifteen percent of lot area;

Commercial uses: Ten percent of lot area;

Industrial uses: Five percent of lot area.

Said area must be landscaped with grass, shrubs, trees, flowers, native vegetation or drought-resistant plants.

Material used on the framing or exterior surfaces of any structure must be a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. Antique, reclaimed or recycled material may be used on interior surfaces at the property owner’s discretion.

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

Rear yards shall be required, only in the instance when the property abuts, along its rear lot line, property zoned and used for residential purposes, in which case a ten-foot rear yard shall be provided between GB uses and Residential uses, and not less than a 20-foot (rear yard between Industrial uses and Residential uses.

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 feet tall. Where an Industrial (I) use property abuts a residential use a solid fence with a minimum height of eight feet shall be provided along the entire common boundary. 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 GB-1, GB-2 or I district trash dumpsters shall be serviced from owner's property.

Nonconforming building and uses.

Refer to section 40-18 for regulations.

Compliance and violations.

Compliance by the applicant to the plans submitted and approved, will be determined by the city manager or city manager’s designee. Should the city manager or city manager’s designee determine that the actual construction varies from the approved plans, the city manager or city manager’s designee may issue a violation and the applicant may be subject to a fine.

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.

§ 40-10 Single-family residential district, R-1.

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

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 chapter, except for one or more of the following uses:

Single-family dwellings.

Site-built home constructed entirely on property, complies with local building codes, and is not manufactured housing.

Texas industrialized housing.

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 Burnet County.

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.

Comply with city building setbacks, side and rear yard offsets, subdivision control, square footage and other site requirements applicable to single-family dwellings.

Be securely fixed to a permanent foundation and installed in accordance to the manufacturers' specifications. If the typical manufacturer's foundation is not approved by local authority, a licensed state professional engineer shall design a foundation for this unique home and site.

Churches and other places of worship.

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

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

Public buildings including libraries, museums, police and fire, and primary or secondary schools.

Recreational vehicles, as described and to the extent permitted in Section 40-30 of this Code.

Prohibited uses.

Use of a tent, lean-to, shack, or temporary structure of any nature for residential occupancy, which does not include temporary use thereof for camping or recreation.

Any other use not specifically permitted under this chapter for Single-Family Residential District, R-1.

Building permit.

A city building permit must be obtained prior to all construction, alteration or demolition.

Repairs.

Repairs may be made with the approval of the city manager or city manager’s designee without a permit. If the permitted facility is located off-site from the principal residence then the application shall provide the legal description of both properties.

Approval.

The owner, contractor, architect or engineer authorized to represent the owner shall submit an application on a form prescribed by the city for approval, plans which show dimensions and specifications and the proposed construction to be done, and pay any application fee, if adopted by the city council, to the city manager or city manager’s designee for review. If the permitted facility is located off-site from the principal residence, then the building permit shall be valid so long as the properties are in conformance with the city building codes and the ownership of the two properties is the same. If the ownership of a property changes, the building permit automatically terminates and a new application will be required.

Garages, accessory structures, and accessory buildings.

Garages and accessory buildings shall be of similar appearance in design to the main dwelling; which may be achieved with materials, color, pitch, roofline, trim or other architectural features, and must be constructed of a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building. An accessory building including a garage shall not exceed 3,000 square feet and an accessory structure shall not exceed 500 square feet. No more than two accessory buildings or accessory structures, exclusive of one garage, are allowed on a single lot.

All property except waterfront property.

All garages, accessory structures, and accessory buildings are allowed on the lot adjacent or contiguous to or on the lot on which the primary residence is located. If not platted together as one lot, any such adjacent or contiguous lot on which a garage, accessory structure, or accessory building is located must be tied with an affidavit filed with the City Secretary to the lot upon which the primary dwelling is located.

Waterfront property.

For waterfront lots, the garage, accessory structure, or accessory building may be located on a lot that is directly across the street from the lot upon which the primary dwelling is located or on a lot that is adjacent to either side, of the lot directly across the street from the lot upon which the primary dwelling is located. Any such lot on which a garage, accessory structure, or accessory building is located must be tied with an affidavit filed with the City Secretary to the lot upon which the primary dwelling is located. Off-site accessory buildings or accessory structures must be on the same street as the lot upon which the primary dwelling is located or on an intersecting street.

Carports and recreational vehicle (RV) covers.

A carport or RV cover is a site-built structure with at least two open sides, similar in color and design to the main dwelling and adjacent to the main dwelling. A property owner may construct a carport or RV cover on a lot where the main dwelling is located or on a lot adjacent or connected to the lot containing the main dwelling. Carports must be constructed of a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.

Residential accessory buildings and accessory structures.

Accessory buildings and accessory structures shall be located on the rear half of the lot and shall be located a minimum of five feet from the main building, and shall comply with the side and side street and rear yard requirements. An accessory building or structure may not be placed on a lot without a primary residence unless as specified in § 40-10(f).

(i)

Hangars.

(j)

(Reserved)

(k)

Height regulations.

No building shall exceed two stories in height, and no building shall exceed a maximum of 35 feet in height measured from the highest terrain elevation on the front side of the building. For purposes of this subsection, the “front” of the building is the side that faces the street that corresponds to the building’s street address. No more than an additional five feet for chimneys, railings, satellite dishes or other features will be allowed; to 40 feet.

(l)

Yard requirements.

Front yard.

There shall be a front yard having a depth of not less than 20 feet.

Side yard.

All lots shall have a side yard of not less than five 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 feet and shall extend from front to rear of the lot. Sidewalk/flatwork may be located in the side yard only if all easements have been released from the side yard area where the sidewalk/flatwork is located.

Rear yard.

All lots shall have a rear yard of not less than five feet.

Eaves and overhangs.

Eaves and overhangs may not encroach into the front yard, side yard, or rear yard except as follows:

Those portions of eaves and overhangs that extend into the front yard, side yard, or rear yard, that were in existence on July 1, 2016, and that have remained in continuous existence since that date may continue. Any additions to nonconforming structures must conform to same building regulations as new construction.

Structural encroachments.

A building or structure may not encroach into the front yard, side yard, or rear yard except as follows:

Those portions of a building or structure that extend into the front yard, side yard, or rear yard, that were in existence on July 1, 2016, and that have remained in continuous existence since that date may continue. Any additions to nonconforming structures must conform to same building regulations as new construction.

(m)

Lot requirements.

No residence shall be constructed on any lot containing fewer than 5,000 square feet. Lower Colorado River Authority (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.

(n)

Off-street parking.

No 18-wheelers, truck tractors, dump trucks, large commercial box trucks, goose-neck trailers or tractor rigs, or any vehicle which requires a class “A” or class “B” Texas Driver’s license to operate, may be parked off-street in any district zoned for residential use. Permitted off-street parking spaces shall be provided in accordance with section 40-16.

(o)

Minimum dwelling requirements.

No residential dwelling other than a residential dwelling constructed within a personal hangar as defined in subsection (i) of this section shall be constructed, or moved in, which contains fewer than 1,200 square feet of living area (excluding garage); provided, however, that the owner of a residential dwelling that contains fewer than 1,200 square feet of living area may add a garage without expanding the living area of the residential dwelling as long as the residential dwelling complies with other provisions of this chapter. Any new home construction, permitted after January 1, 2016, shall be required to include a minimum of a one-car enclosed garage; which may be attached or detached. For purposes of this subsection, the term “new home construction” does not include renovations, remodeling, or additions. The dwelling shall have a minimum of 16 inches of roof overhang with a vented soffit. The city manager or city manager’s designee may waive the venting requirement if, in his judgment, the additional venting is not required for public safety or health reasons.

§ 40-12 Multifamily Residential District, R-2.

A residential dwelling constructed within a new or existing personal hangar as defined in subsection (i) of this section may not contain fewer than 650 square feet of living area, and must otherwise meet all requirements of the City of Granite Shoals Code of Ordinances, provided, however, that such dwellings within personal hangars are not required to include a minimum of a one-car enclosed garage.

(Ordinance 885 adopted 12/9/2025)

§ 40-11 (Reserved)

Permitted uses.

In a Multifamily 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 chapter except for one or more of the following uses:

Single-family dwellings.

Two-family dwellings.

Multiple family dwellings, including condominiums.

Boardinghouse or lodginghouse.

Churches or other places of worship.

Day nurseries.

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

Marinas.

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.

Real estate sales office during the development of residential subdivisions, but not to exceed two 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 single accessory building, including a garage, not to exceed 700 square feet, and a single accessory structure, not to exceed 500 square feet, may be constructed or moved onto:

The lot where the existing primary residence is located.

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 subsection (a)(16)a. or b. of this section 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, or an accessory structure in excess of 500 square feet, the property owner may apply for a variance.

(17)

(Reserved)

(18)

Bed and breakfast.

Refer to section 40-9.

Height regulations.

No building shall exceed 30 feet in height.

Yard requirements.

Front yard.

There shall be a front yard having a depth of not less than 20 feet.

Side yard.

All lots shall have a side yard on each side of not less than five 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 feet and shall extend from front to rear of the lot.

Rear yard.

All lots shall have a rear yard of not less than five feet.

Eaves and overhangs.

Eaves and overhangs may not encroach into the front yard, side yard, or rear yard except as follows:

Structural encroachments.

A building or structure may not encroach into the front yard, side yard, or rear yard except as follows:

Lot requirements.

No residence shall be constructed on any lot containing less than 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.

(Reserved)

Permitted residential uses.

Off-street parking spaces shall be provided in accordance with the requirements set forth in section 40-16.

Permitted nonresidential uses.

Off-street parking spaces shall be provided in accordance with the requirements set forth in section 40-16.

Minimum dwelling requirements.

Industrialized housing must:

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.

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 state professional engineer shall design a foundation for this unique home and site.

No residential dwelling shall be constructed or moved in which contains fewer than 1,200 square feet within the living area; the dwelling shall have a minimum of 16 inches of roof overhang with a vented soffit. The city’s building official may waive the venting requirement if, in the building official’s judgment, the additional venting is not required for public safety or health reasons.

Miscellaneous requirements.

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 foot. A roof overhang may not project into a front or side yard more than three feet.

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

Privacy fences and/or obstructing vegetation more than four feet high shall not be placed:

Along a front property line;

Within 20 feet of the corner, on corner lots;

Parallel to private driveway on side lot line that hinders drivers visibility.

See through chainlink fences shall not be more than four feet high along front lot lines. Deer-proof fences may be erected not higher than eight feet on each side and back lot lines, and five feet on front lot lines.

(Reserved)

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 streetlights.

The driveway drainage culvert shall be located 3½ feet to the centerline of the 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 30 feet. The maximum length of all culverts used for any drainage on two building lots 10,000 square feet shall be 40 feet. The minimum space between two culverts shall be 20 feet.

§ 40-14 Mobile home residential district, M-1.

Driveway material may be of concrete, asphalt or gravel. All concrete driveways shall be reinforced with three-eighths-inch rebar on 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

§ 40-13 (Reserved)

Editor’s note–Former section 40-9 pertaining to bed and breakfast facilities and deriving from Ordinance 409, sec. IX, adopted 8/24/04, was repealed and deleted in its entirety by Ordinance 807 adopted 4/13/21.

Permitted uses.

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

One single-family mobile home per lot.

Churches.

Day nurseries.

Municipal building.

Public utilities.

Any use allowed under section 40-6.

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

An approved single accessory building, including a garage, not to exceed 700 square feet, and a single accessory structure, not to exceed 500 square feet, may be constructed or moved onto:

The lot where the existing primary residence is located.

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 subsection (a)(8)a. or b. of this section 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, or an accessory structure in excess of 500 square feet, the property owner may apply for a variance. Such application will be reviewed by the Zoning Board of Adjustment for consideration.

(Reserved)

(Reserved)

(Reserved)

Bed and breakfasts.

See section 40-9.

Recreational vehicles, as described and to the extent permitted in this Code.

Yard requirements.

Front yard.

There shall be a front yard having a depth of not less than 20 feet.

Side yard.

All lots shall have a side yard of not less than five feet on each side. On a corner lot, the side yard on the street side of the lot shall be not less than ten feet and shall extend from the front to the rear of the lot.

Rear yard.

All lots shall have a rear yard of not less than five feet.

Eaves and overhangs.

Eaves and overhangs may not encroach into the front yard, side yard, or rear yard except as follows:

Structural encroachments.

A building or structure may not encroach into the front yard, side yard, or rear yard except as follows:

Lot requirements.

No residence shall be constructed on any lot containing less than 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.

Minimum dwelling requirements.

All mobile homes shall be securely tied down, blocked and completely skirted prior to issuance of a certificate of occupancy.

All mobile homes shall be securely tied down, blocked and completely skirted prior to issuance of a certificate of occupancy.

Miscellaneous requirements.

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 foot and a roof overhang may not project into a front or side yard more than three feet.

(Reserved)

(Reserved)

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

General requirements.

No mobile home having less than 1,000 square feet of living area shall be permitted in the Mobile Home (M-1) District.

§ 40-15 Mobile Home Park District, M-2.

All mobile homes in the city shall comply with all regulations of the state.

Permitted uses.

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

Mobile home park.

Site plan required in accordance with section 40-3.

Civic.

Administrative services.

Community recreation.

Day care (limited).

Local utility services.

Parks and recreation.

(Reserved)

Height requirement.

No building shall exceed 30 feet in height.

Yard requirements.

Front yard.

All buildings shall have a 20-foot setback from all street and highway rights-of-way.

Side yard.

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

Rear yard.

In no case shall a building occupy any part of a public utility easement

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.

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

A boat dock or a boat storage building not to exceed 16 feet in height, (as measured from an 825-foot lake level), and no more than 200 square feet of storage area. No boat dock or boat storage building shall be closer than five feet to any side property line.

An approved single accessory building, including a garage, not to exceed 700 square feet, and a single accessory structure, not to exceed 500 square feet, may be constructed or moved onto:

The lot where the existing primary residence is located.

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 subsection (a)(16) a or b of this section [§ 40-12(a)(16)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, or an accessory structure in excess of 500 square feet, the property owner may apply for a variance.

Lot requirements.

No mobile home may be placed on a plot of less than 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.

(Reserved)

General requirements.

All mobile homes shall be securely tied down, blocked and skirted completely prior to issuance of the certificate of occupancy. This provision shall have no application to mobile homes for which certificates of occupancy have been issued prior to the effective date of the ordinance from which this chapter is derived.

All mobile homes in the city shall comply with all regulations of the state.

(Reserved)

§ 40-16 General Business District One, GB-1.

Sale of alcoholic beverages.

A local option election was held on May 21, 1977, permitting the sale of alcoholic beverages, including mixed beverages within the city limits. At the time of the approval of this chapter, this applies to all areas of General Business, GB-1, with the exception of that tract of land annexed by Ordinance No. 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. The following applies in a General Business District One, GB-1:

A business that is permitted must have a retail on-premises consumption permit or license and less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 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 percent of the establishment’s gross receipts and the license application will be presented to the building official prior to TABC renewal.

A business that is permitted must have a retail off-premises consumption permit or license and less than 50 percent 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, V.T.C.A., Alcoholic Beverage Code sec. 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 percent of the establishment’s gross receipts less exclusions and the license application will be presented to the building official prior to TABC renewal.

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.

No establishment will be permitted that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverages (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2)). An example of this nonpermitted use is a public bar.

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 chapter, except for one or more of the following uses:

Automobile parts and accessory sales.

Bakeries.

Financial services.

Technical and vocational schools.

Church, rectory, temple, and other similar houses of worship.

Childcare.

Entertainment and recreation.

Pharmacy.

Florist shop.

Furniture store.

Grocery, market, and convenience stores.

(12)

Hardware stores.

Medical and health services.

(14)

Hospitality.

(15)

Laundromat.

(16)

Nursing homes/assisted living.

(17)

Office buildings.

(18)

Personal service and neighborhood shops.

(19)

Printing and copying services.

(20)

Public utilities.

(21)

School, private (primary or secondary).

(22)

School, public schools.

(23)

Restaurants and other food service facilities that comply with this chapter.

(24)

Alcoholic beverage stores that comply with this chapter.

(25)

Resort marinas that comply with this chapter.

(26)

Veterinarians.

Any business not found mentioned in this subsection shall apply for review by the planning and zoning commission via the building official. 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.

(b-1)

Conditional uses.

The following uses are permitted in the GB-1 district as conditional uses only if the property owner first obtains a conditional use permit as provided by this chapter:

New construction using new or used on-site storage containers as a building material.

An amusement center, if the following additional conditions are met in addition to the conditions found in the section of this chapter addressing conditional use permits:

Proximity to other businesses that exhibit coin-operated amusement machines. The minimum distance between a property that receives a conditional use permit under this subsection and any other business that exhibits a coin-operated amusement machine shall be 1,200 feet between property lines.

Adequate off-street paved parking and adequate lighting as required by the Code of Ordinances.

Height.

No building shall be less than ten feet or more than 25 feet in height.

Yard requirements.

A front yard of not less than 10 feet in depth shall be provided.

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 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 feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight 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 nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this chapter is derived.

An approved single accessory building, including a garage, not to exceed 700 square feet, and a single accessory structure, not to exceed 500 square feet, may be constructed or moved onto:

The lot where the existing primary residence is located.

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.

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.

§ 40-17 General Business District Two, GB-2.

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 95 decibels.

Sale of alcoholic beverages.

In a 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. The following applies in a General Business District Two, GB-2:

A business that is permitted must have a retail on-premises consumption permit or license and less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverage (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 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 official prior to TABC renewal.

A business that is permitted must have a retail off-premises consumption permit or license and less than 50 percent 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, V.T.C.A., Alcoholic Beverage Code sec. 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 percent of the establishment’s gross receipt and the license application will be presented to the building official prior to TABC renewal.

No establishment will be permitted that derives 75 percent or more of the establishment’s gross revenue from the on-premises sale of alcoholic beverage. (TABC regulatory and penal provisions, V.T.C.A., Alcoholic Beverage Code sec. 109.57(d)(2).) An example of this nonpermitted use is a public bar.

Permitted uses.

In a General Business District Two, GB-2, all businesses that require state-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 "grandfathered" businesses shall present a prepared site plan to the city building official. No building shall hereafter be erected, or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:

Automobile sales and service.

Automobile parts and accessory sales.

Bakeries.

Financial services.

Technical and vocational schools.

Church, rectory, temple, and other houses of worship.

Childcare facility.

Entertainment and recreation.

Pharmacy.

(10)

Farm equipment sales and service.

Florist shop.

Gas station.

Funeral home.

Furniture store.

Grocery, market and convenience stores.

(16)

Greenhouses and retail nurseries.

(17)

Hardware stores, including the sale of building materials.

(18)

Hospitals.

(19)

Medical outpatient clinics.

Hospitality.

Laundromat.

Office buildings.

Personal service and neighborhood shops.

(24)

Printing and copying services.

Public utilities.

Repair facility 1.

Repair facility-2.

Food and beverage establishments.

(29)

Recreational vehicle sales.

(30)

RV, boat and trailer storage (commercial).

(31)

School, private (primary or secondary).

(32)

School, public schools.

(33)

Shopping centers.

(34)

Tool and equipment rental.

(35)

Veterinarians.

Any business not found mentioned in this subsection shall apply for review by the planning and zoning commission via the city building official. Any business not listed in this subsection, 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.

(b-1)

Conditional uses.

The following uses are permitted in the GB-1 district as conditional uses only if the property owner first obtains a conditional use permit as provided by this chapter:

New construction using new or used on-site storage containers as a building material.

An amusement center, if the following additional conditions are met in addition to the conditions found in the section of this chapter addressing conditional use permits:

Adequate off-street paved parking and adequate lighting as required by the Code of Ordinances.

Height regulation.

No building shall be less than ten feet or more than 45 feet in height.

Yard requirements.

A front yard of not less than 25 feet in depth shall be provided.

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 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 feet tall. Where a light industrial use abuts a residential district, a solid fence with a minimum height of eight 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 nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this chapter is derived.

An approved single accessory building, including a garage, not to exceed 700 square feet, and a single accessory structure, not to exceed 500 square feet, may be constructed or moved onto:

The lot where the existing primary residence is located.

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.

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.

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 Two, GB-2, 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, I, abutting residential uses shall be 95 decibels.

§ 40-18 Industrial District, I.

Purpose of district.

The Industrial District, I, is established to provide for light industrial uses that can meet applicable performance standards in areas that are mostly removed from existing residential and other commercial uses, but that provides sufficient access to major transportation routes. The district is intended to accommodate a wide variety of commercial services and light-intensity industries involving manufacturing operations provided that such use does not constitute a nuisance to surrounding property or residents. Further, such uses shall not be noxious or offensive due to odors, smoke, dust, noise, fumes or vibrations.

Permitted uses.

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

Light manufacturing, fabrication, assembly or processing of goods or materials, products or equipment.

Public buildings and facilities.

Public utilities.

Repair, servicing, painting, packaging or cleaning of goods, materials, products, or equipment.

Research, development and testing activities.

Warehousing and distributing operations.

Contractor's yard.

Swimming pool sales and service.

Machinery, heavy equipment or truck sales and service.

(10)

Commercial cleaning and laundry.

(11)

Wholesale distributor.

(12)

Repair facility 2.

Cleaning and laundry plant.

(14)

Machine or fabrication.

(15)

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.

Accessory uses.

Accessory uses shall be permitted in a main building or in a separate on-premises 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:

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

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

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

Portable or temporary buildings shall be permitted, subject to all applicable ordinances related thereto. A portable or temporary building of less than 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.

Other accessory uses customarily incidental to any permitted principal use.

Performance standards.

It is the intent of this section to prevent any use or operation, including those permitted by this chapter, 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 following standards set forth in this subsection:

Screening.

No more than 50 percent of the lot or tract shall be used for the open storage of products, materials or equipment. Outside storage and trash receptacles shall not be located in the front yard setback, and shall be enclosed from view of the general public by a solid or equally screened gate or fence constructed of either brick, stone, masonry or wood. The fence shall be a minimum of six feet tall. Where an industrial use abuts a residential district, a solid fence with a minimum height of eight 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 nonconforming commercial dumpsters must be in compliance within 90 days after the effective date of the ordinance from which this subsection is derived. A required screening wall or fence may not have more than ten square inches of openings in any given square foot of surface. Access through required screening may be provided only by a solid gate equaling the height of the screening.

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. The 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 95 decibels. Noise above this standard will be permitted only five seconds, twice per hour, and only four 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.

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.

Air pollution.

All uses within the Industrial District shall operate in compliance with the most current revision of the regulations of the state air control board pertaining to the control of air pollution.

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.

Toxic and liquid wastes.

The discharge of any toxic or liquid waste material into any outdoor area, drainageway or watercourse 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.

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.

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.

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-foot buffer strip shall be maintained between all parking areas, roads, or storage areas and abutting residential districts. Trees with a minimum one inch caliper size shall be planted and maintained every 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 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 inch caliper shall be planted and maintained for each 20 feet of frontage along the public right-of-way.

Height, area and setback requirements.

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 35 feet within the first 100 feet from any perimeter abutting a residential district.

Area.

The ground level square footage of all buildings and improvements other than street and parking areas shall not exceed 60 percent of the total area of each lot.

Side yard.

A side yard of 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 12 feet shall be required on the other. In no case may a building occupy any part of a public utility easement.

Rear yard.

A rear yard of 20 feet shall be required when property zoned Industrial District abuts residential districts, otherwise the rear yard shall be 15 feet.

Front yard.

A front yard of 20 feet shall be required when property zoned Industrial District is adjacent to a residential district or residential use, otherwise the front yard shall be 15 feet. The term “adjacent” means the nearest or closest to, even when separated by an intervening street.

§ 40-19 Agricultural District, AG.

Purpose and intent.

The Agricultural District, AG, 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.

§ 40-20 Off-street parking and loading space requirements.

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.

Off-street parking requirements.

When any building or structure is erected, or an existing building is enlarged by 50 percent or more in floor area, off-street parking spaces shall be provided in accordance with the following requirements. Off-street parking requirements found in this section are subject to modification by the planning and zoning commission if conditions or need at a particular site warrant such changes based on the proposed land use.

Business or professional office.

Studio, bank, medical or dental clinic or similar use: Three parking spaces, plus one additional parking space for each 200 square feet of floor area over 500 square feet.

Church or other place of worship.

One parking space for each four seats in the main auditorium.

Community center, library, museum, or art gallery.

Ten parking spaces, plus one additional space for each 300 square feet of floor area in excess of 2,000 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 space for each four seats that it contains.

Dwellings.

Two parking spaces for each single-family dwelling. For two-family and multifamily dwellings, 2½ parking spaces for each dwelling unit or one parking space for each bedroom whichever is greater.

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 parking spaces, plus one additional parking space for each 300 square feet of floor area over 1,000 feet.

Hotel.

One parking space for each sleeping room or suite, plus one space for each 200 square feet of commercial floor area contained therein, including but not limited to, restaurants, newsstands and cigar stores.

Manufacturing and industrial establishment, research or testing laboratory, warehouse, printing or plumbing shop or similar establishments.

One parking space for each two employees of the maximum working shift plus spaces to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 600 square feet of floor area.

Mobile homes, trailer houses, trailer and mobile home courts.

Two parking spaces for each mobile home or trailer house.

Motor vehicle salesrooms and used car lots.

One parking space for each 800 square feet of sales floor or lot area, whichever is greater.

Lodge or country club.

One parking space for each 150 square feet of floor area or for every five members, whichever is greater.

Retail store or personal service establishment, except as otherwise specified herein.

One parking space for each 300 square feet of floor area.

Restaurant, cafe or similar recreation or amusement establishment.

One parking space for each two seats or one parking space for each 100 square feet of floor area, whichever is greater.

(Reserved)

School, elementary.

One parking space for each four seats in the auditorium or main assembly room or two spaces for each classroom, whichever is greater.

School, secondary or college.

One parking space for each four seats in the main auditorium or ten spaces for each classroom, whichever is greater.

Theater, auditorium (except school), sports arena, stadium or gymnasium.

One parking space for each four seats or bench seating spaces.

Tourist cabin or motel.

One parking space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein, including but not limited to, restaurants, newsstands and cigar stores.

(Reserved)

Home-based businesses.

Owner shall provide on site parking for employees and visitors.

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

The term “floor area” means the gross floor area of the specific use.

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

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

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 official.

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

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 or more buildings or establishments, the required off-street parking spaces may be located at a distance not to exceed 300 feet from an institutional building served, or 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 adjustment as provided in subsection (a)(3)d of this section. Distances shall be measured along a public street or alley.

Not more than 50 percent 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 subsection (a)(3)d of this section.

Not more than 80 percent 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 subsection (a)(3)d of this section.

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 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.

Size of parking spaces.

All parking spaces, shall contain a minimum of 166½ square feet and shall be approximately nine feet in width and 18½ feet in depth. All parking spaces, parking or maneuvering aisles and driveways shall be of a surface material approved by the city building official.

A maximum of 25 percent of the required number of parking spaces may be compact size, measuring 7½ feet in width and 15 feet in depth. Such compact spaces shall be located in groups of at least five spaces per group, and shall be conspicuously identified by appropriate signs and markings.

Off-street loading requirements.

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:

Industrial District uses.

One loading space for each 10,000 square feet of floor area.

General Business District One and Two uses.

One loading space for each 5,000 square feet of floor area for the first 15,000 square feet of floored area.

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

Floor area shall mean the gross floor area of use.

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

Whenever a building or use, existing on the effective date of the ordinance from which this chapter is derived, is enlarged by more than 50 percent in floor area or area use, the entire building or use shall then and thereafter comply with the off-street loading requirements.

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

§ 40-21 Height and area regulations generally.

A loading space shall contain a minimum of 420 feet and shall be approximately 12 feet in width and 35 feet in length. All loading spaces, maneuvering aisles and driveways shall be paved.

Height, other than residential districts.

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.

Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 45 feet and churches and other places of worship may be erected to a height not exceeding 75 feet when each of the required yards is increased by one foot for each two feet of additional building height above the height regulations for the district in which the building is located.

Front yards, other than residential districts.

Where 51 percent 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 chapter, the remainder of that block front yard line shall conform with the setback requirements of this chapter.

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

Open or unenclosed terraces, porches or roof eaves or extensions may project into the required front yard for a distance not to exceed four 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 feet to a lot line.

§ 40-22 Nonconforming buildings and uses.

Rear yard, other than residential districts.

An accessory building not exceeding 20 feet in height nor closer than ten feet to any rear or side lot line may be located in the required rear yard. Such accessory building must not occupy more than 25 percent 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 80 percent of the calculated rear yard areas.

Regulation of nonconforming buildings.

The lawful use of any building or structure existing on the effective date of the ordinance from which this chapter is derived may be continued, although such building or structure does not conform with the provisions of this chapter. However, the right to continue the use of such nonconforming building or structure shall be subject to the following regulations:

Normal repairs and maintenance, interior improvements or remodeling, and exterior improvements or remodeling may be made to a nonconforming building or structure; provided, that no improvements or remodeling shall be made that increase the noncompliance or create an additional noncompliance of all or any part of such structure.

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.

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.

If a nonconforming building or structure is damaged or destroyed to an extent of less than 60 percent 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 60 percent 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.

A vacant, nonconforming building or structure lawfully constructed before the day of enactment of the ordinance from which this chapter is derived may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of 180 days after the effective date of the ordinance from which this chapter is derived. The use of a nonconforming building or structure lawfully constructed before the date of enactment of the ordinance from which this chapter is derived which becomes vacant after the effective date of said, may be reoccupied by the use for which the building or structure was designed or intended, if so occupied within a period of 180 days after the building or structure become vacant. All such buildings after 180 days of vacancy, shall be converted to a conforming use

Nonconforming buildings or structures may not be changed or expanded except as otherwise provided in this section.

Regulation of nonconforming uses of buildings or structures.

The nonconforming use of a building or structure may be continued as hereinafter provided:

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.

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.

Regulation of nonconforming uses of land.

The nonconforming use of land existing at the time of the effective date of the ordinance from which this chapter is derived may continue as hereinafter provided.

Nonconforming 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.

If a nonconforming use of land or any portion thereof, is voluntarily discontinued for a period of 180 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.

If a nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such land or building or structure upon the land shall conform to the regulations of the zoning district in which the land is located.

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

Abandonment of nonconforming buildings or structures.

The nonconforming use of a building or structure which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming building or structure shall be considered abandoned when:

The intent of the owner to discontinue the use is apparent; or

The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 180 days; or

A nonconforming building or structure, or portion thereof, is or hereafter becomes vacant and remains unoccupied for a period of 180 days.

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 chapter, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may be or become nonconforming.

§ 40-23 (Reserved)

Editor’s note–Former section 40-22 pertaining to violation, penalties and fines and deriving from Ordinance 409, sec. XXI, adopted 8/24/04 and Ordinance 619, secs. II(O), II(P), adopted 9/10/13, was deleted in its entirety by Ordinance 757 adopted 3/28/19.

§ 40-24 Signs.

Jurisdiction.

The provisions of this section shall apply within the city limits, and within the extraterritorial jurisdiction (ETJ) of the city. All signs erected within the extraterritorial jurisdiction of the City of Granite Shoals shall be erected in accordance with the standards imposed for property inside the city limits. A sign shall not include numbers indicating the address of a residential structure or signs erected by a governmental entity in compliance with applicable law.

Definitions.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in the subsection, except where the context clearly indicates a different meaning:

Allowable

means permissible to do.

Banner

means a sign intended to be hung without frames. Flags of governmental jurisdiction and flags carrying the emblem of a business or institution are not to be considered banners for the purpose of this section.

Billboard

means a commercial sign that is designed for changeable copy, within fixed sign face, that will be used to display any good, service, brand, slogan, message, product, or company not located on the same site (or property) as the billboard.

Construction sign

means a sign temporarily placed on a construction site identifying the project, and/or owner, developer, contractor, or architect, and may include other information regarding the project. A construction sign shall be limited to no more than eight square feet.

Damaged sign

means a sign, which is unsafe, unsecured, disfigured, or broken.

Detached sign

means an on-premises sign that is not a wall sign.

District

means zoning district of the City of Granite Shoals, Texas wherein the regulations of this section are uniform.

Electronic sign

means any sign for which the text, letters, numbers, pictures, or symbols forming the informational portion of the sign consists of flashing, intermittent, or moving lights, including any LED screen or any other type of video display. This definition does not include:

Signs that have internal or indirect illumination that is kept stationary or constant in intensity or color at all times when such sign is in use;

Any government sign located on government property; or

Externally illuminated sign

Any government sign located within the right-of-way that functions as a traffic-control device and that is described and identified in the Texas Manual on Uniform Traffic-Control Devices.

means a sign illuminated in any manner by an artificial light source which is detached from the sign.

Ground clearance

means the distance between the bottom of the sign and the average established ground level below [the] sign.

Internally illuminated sign

means a sign illuminated in any manner by an artificial light source as an integral part of the sign. This includes but is not limited to neon type signs.

Nonconforming sign

means a sign that does not conform to the regulations of this section, but which was placed or constructed in accordance with city ordinances existing at the time of its placement or construction.

On-premises sign

means a sign located on the property where the goods or services it advertises are sold or provided.

Permit

means a written authority or warrant.

Portable sign

means a sign which may be carried, wheeled, or moved about.

Real estate sign

means a sign which is used to offer property for sale or lease.

Sign

means any letters, figures, symbols, trademarks, or devices designed, intended or used to advertise or inform including the frame or mounting structure.

Sign height

means the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average established ground level beneath the sign, unless curb elevation is higher than the ground level, in which case the height shall be measured from curb level.

Tacked sign

means a sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects, and the advertising matter appearing thereon is not applicable to the use of the premise upon which or adjacent to the area at which such sign is located.

Temporary sign

means a sign which is to be used for only a limited time.

Unattached sign

means a portable sign which is easily carried, wheeled, or moved about without having to detach the sign from a secure anchoring device. Such signs are considered to be unattached if they can reasonably be expected to be blown about in high winds that may cause injuries to pedestrians or become traffic hazards.

Wall sign

means a sign mounted permanently to the structure.

Signs permitted by district.

The following signs shall be permitted in all residential districts:

Churches may display a permanent sign without a sign permit. Such sign shall be limited to 36 square feet and shall be no higher or wider than eight feet. Any such sign located closer than 25 feet to any street right-of-way shall have a minimum clearance of nine feet from the finished grade with a maximum height not to exceed 20 feet. There shall be no projections over public property, rights-of-way or easements.

During construction of a building, one unilluminated sign shall be allowed without a sign permit. Such sign shall be removed immediately upon completion of the building, or upon expiration of the building permit.

A person having a legal home based business may display a commercial sign such as a name plate on the face of the building or porch. It shall be attached directly to and parallel to the face of the building or porch. It shall not exceed one square foot in area and shall not be internally illuminated, but may be externally illuminated. A permit is required. No other commercial sign shall be mounted or displayed on any residential unit.

Temporary signs pursuant to subsection (d) of this section.

The following signs are permitted in a mobile home park district:

An on-premises sign advertising the mobile home park. The sign shall be a permanent sign of not more than 36 square feet in total area and no higher or wider than eight feet. A permit is required.

All permanent signs located closer than 25 feet to any street or highway right-of-way shall have a minimum ground clearance of nine feet and a maximum height of 20 feet. Signs and supporting structures will be of sound construction and of a permanent nature, advertising products and services sold only at that location. There shall be no projections over public property, rights-of-way or easements.

The following signs are permitted in all nonresidential districts:

Each business may have one wall sign. This sign may not extend above the roof line of the building, nor may it extend horizontally beyond the wall to which it is attached.

Each business may have one detached sign located on the business premises. The total area of this sign shall not exceed 115 square feet, shall be no wider than eight feet, and shall have a maximum height of 33 feet from the normal grade elevation measured at the street on which the business is located to the highest part of the sign or the structure on which the sign is placed. There shall be no projection over public property, rights-of-way or easement.

The one allowed detached sign on a property with frontage on FM 1431 may be an electronic sign if the electronic sign satisfies the following requirements:

The sign must be elevated at least ten (10) feet from ground level; and

The display may not contain any moving elements, except that the display may change from one static image to another at a change rate of no less than four (4) seconds per image.

In addition to the detached sign permitted in subsection (b), a business may add one additional sign for the purpose of displaying the price of goods or services offered for sale at the business, which may include the price of various grades of fuel offered for sale at the business. An additional pricing sign under this paragraph must satisfy the following requirements:

The additional sign may not exceed 75 square feet;

The additional sign must be located on the same structure as the detached sign described by subsection (b); and

The additional sign must be located immediately below the detached sign described by subsection (b).

All permanent signs located closer than 25 feet to any street or highway right-of-way shall have a minimum ground clearance of nine feet and a maximum height of 33 feet. There shall be no projection over public property, rights-of-way or easements. No signs shall project over property lines. All signs and supporting structures will be of sound construction and of a permanent nature, advertising products and services sold only at that location.

During construction of a building, one unilluminated construction sign shall be allowed. Such signs shall be removed immediately upon completion of the building, or upon expiration of the building permit.

Temporary signs permitted by district.

Temporary signs shall be permitted subject to the following:

Any sign, poster or advertisement put up under a permit granted pursuant to this section shall:

Not remain for a period of more than 45 consecutive days.

Not to exceed 36 square feet in area.

If a permit is required, display the permit number issued for said sign(s) in the lower left hand corner of said sign.

Be constructed so as to have its own support structure.

Be fabricated of materials designed to withstand the elements for the permitted time period.

[Reserved.]

Not be located:

Anywhere within the city’s right-of-way.

So as to block the view of traffic or interfere with vehicular or pedestrian traffic.

So as to create an immediate physical danger.

On any utility pole or street sign.

Allowable temporary signs.

The following temporary signs shall be authorized upon application and issuance of a permit by the city:

Temporary signs advertising the opening or relocation of a business.

Temporary signs advertising special events.

Banners and other temporary signs attached and parallel to a wall of the structure.

Banners above public streets or highways in such locations as may be approved by the code compliance officer.

Garage sale signs, or similar signs, advertising a temporary event.

Except as otherwise permitted herein, no sign shall be constructed, placed or installed unless a permit for such sign is issued by the city.

A person seeking a permit shall file an application with the city upon such forms as the city shall from time-to-time establish.

Any sign, poster, or advertisement of any nature which does not comply with this section, shall be removed by the city as directed by the city manager.

All temporary signs must be removed within forty-eight (48) hours after the expiration of the permit.

Damaged signs.

Damaged signs must be repaired or removed within 30 working days following the date of notice to repair given by the code compliance officer, to the party responsible for such sign. Such 30-day period shall be extended provided that a bona fide work order bearing a delivery date for repairs is submitted to the code compliance officer within a 30-day period. The 30-day period shall be extended until seven days after the day shown on the work order.

Temporary sign during sale or lease of real property.

Signs advertising real property for sale or lease may be placed on the real property which is for sale or lease without a sign permit. The face of such temporary signs shall not exceed five square feet on each side including sign riders such as “price reduced,” “waterfront,” “sale pending,” etc. A second sign not to exceed five square feet is permitted on the shoreline.

Residential.

A banner or sign not to exceed 36 square feet advertising property for sale is permitted on a boat dock if located in a residential zone.

Commercial.

A banner or sign not to exceed 36 square feet advertising property for sale is permitted if located in a commercial zone.

Each sign must be constructed so as to have its own support structure and must be made of materials calculated to withstand the weather.

Signs may be in place for as long as the property is offered for sale. Signs must be removed within forty-eight (48) hours after the property is leased or sold.

This type sign does not require a permit.

Nonconforming signs.

Any sign not in compliance with the provisions of this section shall be considered to be nonconforming.

Nonconforming temporary signs.

All such signs must be removed within 90 days after the effective date of the ordinance from which this section is derived.

Maintenance and replacement of nonconforming permanent signs.

Ordinary maintenance of all signs, except nonconforming signs, is allowed without the necessity of obtaining a permit. Ordinary maintenance shall mean the refurbishment of signs as they exist with no substantial alteration. Replacement or reconstruction of any part of any sign is not ordinary maintenance.

Nonconforming signs which have been damaged, blown down or otherwise destroyed or dismantled for any purpose other than maintenance operations, may be replaced only if the cost of repairing the sign does not exceed 60 percent of the market value cost of erecting a new sign of the same type at the same location. Evidence of the cost of repair market value and cost of erection of a new sign shall be submitted to the code compliance officer at the time of application for the repair permit but such evidence shall not be conclusive of the code compliance officer’s decision in issuing or not issuing a repair permit. The property owner may appeal the code compliance officer’s decision to the city manager.

Prohibited signs.

All other signs not expressly permitted are prohibited, including but not limited to the following:

Billboards.

Tacked signs.

Electronic signs, except as specifically permitted by this section.

Off-premises signs (excluding signs in subsection (d)(2) of this section).

Signs exceeding 20 feet in sign height.

Multiple signs may not be arrayed together so as to violate the size restriction stated herein.

Signs in the city right-of-way.

Signs that emit a noise.

(i)

Temporary signs during election.

A property owner may display one or more temporary signs on private property without a permit if the sign satisfies the following requirements:

Is not more than eight feet high;

Has an effective area less than thirty-six square feet;

For any property located in a nonresidential zoning district (GB-1 GB-2, or I), is located on the property for a period of no more than ninety (90) days prior and nor more than forty-eight (48) hours after an election involving candidates for a federal, state, or local office that represents the area in which the property is located or that involves a measure on the ballot of an election within the area;

Is not illuminated;

Does not have any moving elements; and

Meets all other city ordinance requirements that do not conflict with this subsection.

§ 40-25 Boat docks.

Construction.

The purpose of this section is to regulate and control the construction, alteration, repair or demolition of boat docks, piers, retaining walls, ramps, or any structure on the shoreline or extending into the waterways of Lake L.B.J. within the city; to establish appropriate standards to protect the health, welfare, and safety of the community; and to establish penalties for violations of the provisions.

Building permit.

A city building permit must be obtained for all construction, alteration, or demolition. Minor repairs may be made with the approval of the building official without a permit providing they do not violate any provision of this section.

Approval.

The owner, contractor, architect, or engineer authorized to represent the owner shall submit an application on a form prescribed by the city for approval, plans and specifications, or the proposed construction to be done, and pay any application fee, if adopted by the city council, to the building official for review. Permits will be issued at the city office by the building official if the application meets all city requirements.

Code.

All construction methods, and building materials used must comply with minimum requirements set forth in the most current available edition of the International Building Code, including all appendices of such code, and subsequent additions, or subsequent code or building regulations adopted by the city.

Inspection.

Existing boat docks, piers, ramps, slips, retaining walls, or other structures on the shoreline or extending into the lake or waterway are subject to inspection by the building official and if found to be unsafe, unsanitary, or a hazard to navigation, the owner will be advised to bring the structure up to compliance with this section within 60 days.

Private facilities.

No private pier, boat docks, ramps, slip, accessory building or accessory structure within 10 feet of the shoreline, or other structure will have any type of living facilities, kitchen, toilets or urinals, except if a special permit is approved by the city council.

Commercial facilities.

Commercial piers, boat docks, slips, ramps, incidental to the use of the lot from which they are extended, are permitted provided they do not include living facilities, kitchens, toilets or any fixture requiring connection to a waste disposal system, providing they do not violate other provisions of this section.

Zoning.

Boat docks are a permitted use in all zoning districts on waterfront lots.

(i)

Special permits.

Requests to permit the additional use of the structure, or the addition of an accessory building within ten feet of the shoreline, to include any type of living facilities, kitchen, toilets or urinals shall be submitted on an application form prescribed by the city and referred to the city manager or his or her designee for administrative review and approval or disapproval, based on the information submitted by the applicant as explained herein.

A special permit application form shall require:

The name and address of the applicant, contractor, subcontractor, and local representative of the applicant;

The location of the proposed boat dock with living facilities, kitchen, toilets, or urinals, or accessory building, including identification of the subdivision section, street name and number, lot number, and location within the lot;

The size of the boat dock or accessory building and whether either contains a bathroom, kitchen, or living facilities;

Information concerning the design of the boat dock or accessory building, including, if available, renderings of the exterior of the structure;

The beginning and expected completion date of construction;

Information demonstrating that the proposed boat dock or accessory building complies with all applicable Lower Colorado River Authority ("LCRA") rules, requirements, ordinances, or other policies for such structure(s) in the proposed location;

Such other information determined necessary by the city manager or his or her designee to determine the terms and conditions of the permit.

§ 40-26 Planned Development District, PD.

Fees. Fees are as established from time to time by ordinance, and may be found in the schedule of fees and charges.

(j)

Special provisions.

No structure on the shoreline, within 10 feet of the shoreline, or extending beyond the shoreline shall exceed the height of 18 feet above the 825-foot elevation of Lake L.B.J.

(k)

Electrical.

All electrical installations for docks shall be in accordance with the National Electrical Code (NEC), with particular attention given to articles 250, 339, 553, and 555, and with the National Electrical Safety Code (NESC). Electrical systems should be designed and installed by a licensed electrician. Wiring methods, equipment and materials should be listed and approved for use in wet and damp locations.

(l)

Property line.

No type of structure shall be less than five feet from a line projected from the intersection of the waterfront property line and the side property lines of the adjacent lots.

(m)

Waterway.

No structure of any kind shall be erected, altered, enlarged, anchored or replaced that may hinder the free navigation of any waterway.

(n)

Piers, boat docks, slips.

No pier, boat dock, or slip shall be erected or placed beyond the banks or shoreline of any water way or canal whose width is less than 35 feet from bank to bank. Nor shall any such structure be erected or placed in any canal or water way extending to a point which when any similar structure should be erected or placed from the opposite bank to the same extent will provide less than 30 feet of unobstructed passage for boats.

Purpose.

The Planned Development District, PD, is a district that accommodates planned associations of uses developed as integral land use units such as industrial districts, offices, retail, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings or any appropriate combination of uses that may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A PD district may be used to permit new or innovative concepts in land utilizations not permitted by other zoning districts in this section. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.

Permitted uses.

An application for a PD district shall specify the base district (i.e., residential, retail, commercial) and the use or the combination of uses proposed. Uses that may be permitted in a PD are specified in the provisions of the zoning ordinance relating to each base district and must be specified if not permitted in the base district. In the case of residential PD district for single-family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the base zoning district except for minor changes in a small percentage of the lots in order to provide improved design. In selecting a base zoning district, the uses allowed in the base district must be similar to or compatible with those allowed in the PD district. PD designations shall not be attached to conditional use permit requirements. Conditional use permits allowed in a base zoning district are allowed in a PD district only if specifically identified at the time of PD approval.

Planned development requirements.

Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations and other requirements as the city council and the planning and zoning commission may deem appropriate.

In the PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the granting ordinance.

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list is required of modifications in each district or districts and a general statement citing the reason for the PD request.

The minimum acreage for a planned development district request shall be one acre.

In establishing a Planned Development District, PD, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development District, PD. To facilitate understanding of the request during the review and public hearing process, the planning and zoning commission and city council shall require a conceptual plan of the proposed project. A detailed site plan may be submitted in lieu of the conceptual plan.

Conceptual and detailed site plan.

This plan shall be submitted by the applicant at the time of the PD request. The plan shall show the intent for the use of the land within the proposed Planned Development District, PD, in a graphic manner and as may be required, supported by written documentation of proposals and standards for development. The city may prepare application forms that further describe and explain the following requirements:

Residential conceptual plan.

A conceptual plan for residential land use shall show general use, thoroughfares and preliminary lot arrangements. For residential development (such as multifamily) which does not propose individual platted lots, the conceptual plan shall set forth the size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, parking areas, landscaped areas, project scheduling, and other pertinent development data.

Nonresidential conceptual plan.

A conceptual plan for uses other than residential uses shall forth the land use proposals in a manner to adequately detail the type and nature of the proposed development. Data that may be submitted by the applicant, or required by the planning and zoning commission or city council, may include but is not limited to the types of uses, topography and boundary of the PD area, physical features of the site, existing streets, alleys and easements, location of future public facilities, building height and location, parking ratios, project scheduling and other information to adequately describe the proposed development and to provide data for approval, which is to be used in drafting the final detailed site plan.

Detailed site plan.

This plan shall set forth the final plans for development of the Planned Development District, PD, and shall conform to the data presented and approved on the conceptual plan. Approval of the detailed site plan shall be the basis for issuance of a building permit, but does not release the applicant of the responsibility to submit plans to the building official for a building permit. For any residential district, a preliminary plat may qualify as the detailed site plan. The detailed site plan may be submitted for the total area of the PD or for any sections or part as approved on the conceptual plan. The detailed site plan shall include:

A site inventory analysis including a scale drawing showing major existing vegetation, natural watercourses, creeks or bodies of water and an analysis of planned changes in such natural features as a result of the development. This shall include delineation of any floodprone areas.

A scale drawing showing any proposed public or private streets and alleys; building sites or lots; and areas reserved as parks, parkways, playgrounds, utility easements, school sites, street widening and street changes; the points of ingress and egress from existing streets; general location and description of existing and proposed utility services, including size of water and sewer mains; the location and width for all curb cuts/drive approaches and the land area of all abutting sites and the zoning classification thereof on an accurate survey of the tract with a topographical contour interval or not more than five feet.

A site plan for proposed building complexes showing the location of separate buildings and the minimum distance between buildings, and between building and property lines, street-lines, and alley lines. Also to be included on the site plan is a plan showing the arrangement and provision of off-street parking.

A landscape plan showing turf areas, screening walls, ornamental planting, wooded areas and trees to be planted.

Architectural drawings (elevations, etc.) showing elevations and signage style to be used throughout the development in all districts (except single-family and two-family dwellings) may be required by the planning and zoning commission or the city council if deemed appropriate.

All detailed site plans may have supplemental data describing standards, regulations or other data pertinent to the development of the Planned Development District, PD, as appropriate to adequately explain or understand the request and is to be included in the text of the amendment to the zoning ordinance incorporating the PD district.

Approval process and procedure.

The process for establishing a Planned Development District, PD, shall be as follows:

The planning and zoning commission or the city council may approve the conceptual plan or detailed site plan or any section of the plan, separately or jointly, in public hearings. One public hearing at the planning and zoning commission and one at the city council for the PD district request is adequate when:

The applicant submits adequate data with the request for the Planning Development District, PD, to fulfill the requirement for a detailed site plan; or

Information on the conceptual plan and attached application is sufficient to determine the appropriate use of the land and the development plan will not deviate from it.

The conceptual plan must be approved by the planning and zoning commission and city council prior to approval of the detailed site plan.

Conceptual and/or detailed site plan approval.

The detailed site plan may be approved in sections. When a detailed site plan is approved in sections, then separate approvals by the planning and zoning commission and city council for the initial and subsequent sections will be required.

A detailed site plan shall be submitted for approval within one year from the approval of the conceptual plan for some portion of the conceptual plan. If a partial site plan is not submitted within one year, the conceptual plan is subject to review by the planning and zoning commission and city council. If some portion of the entire project is not started within two years, the planning and zoning commission and city council may review the original conceptual plan to ensure its continued validity. If the city determines the concept is not valid, a new conceptual plan must be approved prior issuing a building permit for any portion of the PD district.

Although a public hearing may not be required for the detailed site plan, approval by the planning and zoning commission and city council is still required.

Written report from city manager concerning impact.

When a PD district is being considered, a written report from the city manager discussing the impact on planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire, and traffic and written comments from the applicable public agendas (such as the school district and utility companies) may be submitted to the planning and zoning commission prior to the commission making any recommendations to the city council.

Approved PD districts referenced on zoning map.

All Planned Development Districts, PD, approved in accordance with the provisions of this section in its original form, or by subsequent amendments thereto, shall be referenced on the zoning district map, and a list of such PD districts, together with the category of uses permitted therein, shall be maintained as part of this section.

§ 40-27 Conditional use permit.

Conditional uses.

The purpose of the conditional use permit (CUP) process is to allow certain uses that are not specified, permitted uses within a zoning district. To be considered for a CUP, the requested use must be listed under “conditional uses” within the specific zoning district. Possible conditional uses, if any, are listed in each zoning district.

The city council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after recommendations from the planning and zoning commission that the uses are in general conformance with the intent of the comprehensive plan and with general objectives of the city, and containing such requirements and safeguards as are necessary to protect adjoining property, authorize certain uses by a CUP. As a zoning action, issuance of a CUP shall only apply to real property (such as shall not be attached to any person, business entity, or the like), shall not be transferred from one property to another (such as shall not move if a business operation relocates), and shall not expire without proper zoning action to rescind the CUP (such as change the zoning to remove the CUP, with appropriate public notification, public hearing, and the like).

A zoning application for a CUP shall be accompanied by a metes and bounds description and a survey or scale drawing showing the property for which the CUP is being requested, and by a development plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet. The city manager or his or her designee, the planning and zoning commission, or the city council may require additional information or drawings (such as building floor plans), operating data, and expert evaluation or testimony concerning the location, function, and characteristics of any building or use proposed. The development plan shall be reviewed and approved along with the CUP zoning application.

Conditional use permit regulations.

In recommending that a conditional use permit for the premises under consideration be granted, the city shall determine that the uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements for the paving of streets, alleys, and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, screening, and open space, heights of structures, and compatibility of buildings. In approving a requested CUP, the planning and zoning commission and the city council may consider any or all of the following:

The use is harmonious and compatible with surrounding existing uses or proposed uses, and does not more adversely affect an adjoining site than would a permitted use;

The architecture, facade, and signage designs of the use are harmonious with those of adjacent uses;

The use requested by the applicant is set forth as a conditional use in the zoning district;

The nature of the use is reasonable;

The conditional use does not adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area;

The conditional use does not adversely affect an adjacent property by its resulting traffic through the location, or its lighting, or its type of sign; and

Any additional conditions specified, if any, ensure that the intent and purposes of the base district are being upheld.

In granting a conditional use permit, the planning and zoning commission and the city council may impose conditions that shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building official, or his or her designee, for use of the building on that property pursuant to the conditional use permit and the conditions precedent to the granting of the certificate of occupancy. Any special conditions shall be set forth in writing by the city council prior to issuance of the certificate of occupancy, and shall be incorporated into the amending ordinance establishing the CUP.

No conditional use permit shall be granted unless the applicant, owner, and grantee of the conditional use permit shall be willing to accept and agree to be bound by and comply with the written requirements or conditions of the conditional use permit, as incorporated into the amending ordinance establishing the CUP, and as reviewed by the planning and zoning commission and approved by the city council.

A building permit or certificate of occupancy shall be applied for and secured within one year from the time of granting the conditional use permit; provided, however, that the city council may authorize one extension of one additional year. After the one-year period (and the one-year extension, if it has been granted by the city council) has elapsed, the planning and zoning commission and the city council may review the development plan for continued validity and compliance. If the development plan is determined to be invalid or no longer viable, then the applicant and property owner(s) must submit a new or revised development plan for approval prior to any construction or to application for a building permit for the area designated for the conditional use permit. If building construction or use of a CUP has not commenced within a reasonable amount of time after two years, then the city council, at its option, may initiate proceedings to rescind the CUP for lack of use. No development right, if any, shall vest in a CUP that has expired or is no longer valid.

No building, premises, or land used under a conditional use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless an amended conditional use permit is granted for that enlargement, modification, structural alteration, or change. Minor changes or alterations may be approved by the city manager or his or her designee.

The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any conditional use permit.

When the city council authorizes granting of a conditional use permit, the zoning district map shall be amended to indicate that the affected area has conditional and limited uses, and the amendment is to indicate the appropriate zoning district for the approved use and prefixed by a CUP designation.

§ 40-28 Overlay districts.

Application.

Overlay districts shall be used in conjunction with base zoning districts. In the use of the following overlay zoning classifications, the base district shall remain in effect if it is already in existence unless changed by zoning amendment. New base districts or changes in existing base districts may be requested at the same time overlay districts are requested.

Waterfront overlay district, WF.

General purpose and description.

The WF, Waterfront Overlay District is intended to preserve and enhance the quality of waterfront property along Lake Lyndon B. Johnson within the City of Granite Shoals.

Limits of overlay.

Application of this overlay is limited to platted lots on which at least one lot line directly abuts Lake Lyndon B. Johnson.

Permitted uses.

Permitted uses in the WF overlay district are governed by the allowable underlying zoning districts. These permitted uses must conform to the special development standards set forth for this overlay district.

Site development standards.

The site development standards of the WF overlay district are the same as those of the underlying zoning district except as follows:

Shoreline.

Where a lot abuts Lake Lyndon B. Johnson, 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.

No main building, except as otherwise specified, shall be located nearer than ten feet to the shoreline. In no instance shall it extend beyond the original platted lot line. Accessory buildings to be located nearer than ten feet to the shoreline, including those attached to a boat dock as that term is defined in section 40-25 of this code, require a special use permit following the process required in section 40-25(i) of this code.

ii.

A boat dock shall not exceed 18 feet in height (as measured from an 825-foot lake level). No boat dock shall be closer than five feet to any extended side property line.

§ 40-29 Recreational vehicle use.

It shall be unlawful for any person for any reason to park or place a recreational vehicle within the City without a permit for a period longer than twenty-four (24) hours. It is also unlawful to rent any recreational vehicle for Residential Occupancy outside of an approved RV Park. Use of an RV as a short-term rental facility pursuant to City Code Section 40-26 is prohibited. The provisions of this ordinance shall not, however, apply to:

Locations where recreational vehicles are manufactured and/or sold by the manufacturer or seller.

A recreational vehicle located in an RV Park.

A recreational vehicle stored on a lot in residential areas of the City provided the owner of the recreational vehicle lives in a house on the same lot or on one of the adjoining lots; not more than one (1) recreational vehicle may be located on or within said lot or adjoining lots, and the recreational vehicle must be stored in a side yard, back yard, or adjoining lot rather than a front yard or driveway, unless the lot is a waterfront lot and storage in such locations is impossible. Recreational vehicles that have current documentation of their approved inspection and registration status, and are currently parked in locations that comply with this subsection as of the effective date of this ordinance, are permitted to remain at their current location. A recreational vehicle stored on a residential lot may be plugged into the electrical system of the home on that lot, may have its doors or windows open, and may have its “slide out” in the out position in preparation for future use or as part of its maintenance and/or cleaning.

A recreational vehicle located on permanent residential sites for family events shall be required to follow all City rules and regulations and adhere to the request to temporarily place a recreational vehicle in a residential neighborhood, as defined below.

The temporary placement of a recreational vehicle as defined and permitted below.

The City Manager may grant the temporary placement of recreational vehicles in the City of Granite Shoals on the following basis:

Locations where the City Manager has granted a request to temporarily place a recreational vehicle: The request shall be in written form signed by the property owner requesting a specified period of time for the recreational vehicle to be present not to exceed fifteen (15) days in a thirty (30) day period. The request shall also address how utilities, including sewage disposal, will be supplied to the recreational vehicle if applicable. With the request there shall be provided a site plan showing the proposed location of recreational vehicle and any other structures on the property. The approved request shall be visibly attached to the recreational vehicle for inspection.

Locations where property owners want to build, rebuild, repair, or remodel a home can apply for a permit to use their recreational vehicle as a temporary living site during construction: The Application shall be for a specified period of time and it shall address how utilities, including sewage disposal, will be supplied to the recreational vehicle. With the application there shall be provided a site plan showing the proposed location of recreational vehicle and any other structures on the property. Applicant shall apply for a building permit and have the permit approved by the City Manager before the recreational vehicle is on site. A monthly progression of building at the site must be visible or the temporary permit will be revoked. The approved permit shall be visibly attached to the recreational vehicle for inspection.

All permits for the temporary use of RVs issued pursuant to this Section may be revoked at the discretion of the City Manager for public health or safety concerns, or during or in advance of disasters or emergencies for the purpose of public safety, such as but not limited to weather events. Permit holders will be notified of permit revocation in advance to the extent possible. The City Manager and/or his or her designee may withhold the issuance of new RV temporary use permits in any area which is not reasonably expected to be a safe location for RV parking. An RV that is issued a temporary use permit pursuant to this Section must display a sticker or permit from the City showing that all registrations and inspections are current, and that the RV is registered with the City.

The housing of contractors, workers, or employees is not permitted pursuant to this subsection.

City side setback requirements apply to the temporary use of an RV pursuant to this section.

In no event shall a recreational vehicle be parked on any public street, public right-of-way, or front lawn, or parked in a way that impairs visibility of traffic or an intersection, unless necessary due to an emergency or catastrophe and as approved by the City Manager.

In no event shall a recreational vehicle be used as a storage container for the permanent storage of equipment, household goods, excess furniture, tools, and other voluminous items.

Inspection.

City Officials, including the City Manager or designee, are hereby authorized and directed to make such inspections as necessary to determine compliance with this ordinance.

City Officials, including the City Manager or designee, shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this ordinance.

In no event shall a recreational vehicle be used for permanent, continual, or long term Residential Occupancy.

Revocation of Approval.

The City Manager may revoke any approval previously granted to have a recreational vehicle within City limit in accordance with this ordinance, if the City Manager determines that a person granted such approval has violated any provision of this Ordinance.