[1]
Editor's note—This article consists of the zoning ordinance
adopted by the city. Section and subsection numbers, style, capitalization
and formatting have been changed to be consistent with the remainder
of the Code of Ordinances. Changes in the names of state agencies
have been incorporated without notation. Any material added for purposes
of clarification is enclosed in brackets.
See article 1.02.
(Ordinance 056 Rev. 16, sec. I,
adopted 10/3/2023)
(a)
The
governing body of a municipality may regulate:
(1)
The height, number of stories, and size of buildings and other structures;
(2)
The percentage of a lot that may be occupied;
(3)
The size of yards, courts, and other open spaces;
(4)
Population density;
(5)
The location and use of buildings, other structures, and land for
business, residential, or other purposes.
(b)
The
board of aldermen as the governing body for the City of Highland Haven,
by Ordinance 053, established a five (5) member planning and zoning
commission. Each alderman has appointed a member to the planning and
zoning commission to serve a term identical to that of the alderman
who appointed the member. The primary function of the planning and
zoning commission is to initiate, and/or as directed by the mayor
or board, review city zoning plans and ordinances and to present recommendations
to the board for action as deemed appropriate by the board.
(Ordinance 056 Rev. 16, sec. II,
adopted 1/24/2023)
(a)
Zoning
districts are hereby established as follows:
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District A
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Single Family Residential 1 (SFR1)
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District B
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Planned Unit Development (PUD)
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Sub-category
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Institutional properties
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Sub-category
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Mixed Use properties
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District C
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Agricultural
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District D
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Single Family Residential 2 (SFR2)
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District X
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Commercial/Light Industrial
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Note (1): See appendix 2, Zoning Map. Multi-family residences are not permitted within the corporate city limits.
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Note (2): Refer to other sections of this article for applicable
criteria and restrictions for each zoning district.
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(b)
District A: Single Family Residential 1 (SFR1).
(1)
Area.
All areas within the corporate limits of the City
of Highland Haven, save and except those hereinafter designated as
Districts B, C, and D, are zoned as Single Family Residential 1.
(2)
Use regulations.
Buildings, structures, land or premises
will not be used, and buildings or structures will not hereinafter
be erected, constructed or altered, except for one or more of the
following uses:
(A)
Single-family residence; or
(B)
Temporary buildings for uses incidental to construction work on the
premises. These buildings will be removed upon completion or abandonment
of construction.
(C)
Approved auxiliary buildings limited to garages, outbuildings, greenhouses,
waterfront facilities, pergolas and gazebos.
(D)
Signs:
(i)
Only the City of Highland Haven authorized signs for traffic
control and notification of danger are permitted in the public right-of-way.
Exceptions: Signs for an open house, garage or estate sale, social
event (birthday, anniversary, reunion, club meeting, etc.) may be
posted in the right-of-way as follows: One informational sign, no
larger than 24" x 36" advertising an open house, garage or estate
sale, social event (birthday, anniversary, reunion, club meeting,
etc.) may be placed at the intersection of County Road 125 and FM
1431. Said signs may be placed in the right-of-way. No sign will be
affixed to private or public structures. Generic directional signs
(no advertising) can be utilized by strategic placement in the rights-of-way
at street intersections to guide patrons to the event(s). Signs to
be of professional appearance and quality. Festive adornments in good
taste befitting the occasion are allowed. These could include balloons,
streamers, flags, etc. All signs to be in place only during the daily
hours of each event, not left overnight.
(ii)
Two signs, not larger the [than] 24" x 36", one in front and
one in back or side yard, may be placed on a lot provided the sign
is advertising the specific lot on which it is located as "FOR SALE"
and the sign is located inside the boundary lines of the specific
property. On waterfront lots only, one informational "banner" type
or "rigid" sign advertising "FOR SALE" or "FOR RENT" property may
be placed facing the water. Sign to be no larger than 48" x 96" or
total of 32 square feet, advertising the specific lot on which it
is located as "FOR SALE" or "FOR RENT". The sign must be located within
the boundary lines of the advertised property. It will be of professional
quality workmanship and material and affixed securely. No "ribbon"
type banners, streamers, inflatables, flags, etc., are permitted.
All signs to be removed upon closing of sale or rental agreement.
(iii)
The primary contractor building a single-family residence may,
from date of the building permit until final inspection, post a sign,
not larger than 24" x 36", at the of [sic] construction site provided
the sign is located within the boundary lines [of] the specific property.
(iv)
Political signs during city, county, state, and federal elections,
may be posted on lots and residential tracts developed with a single-family
residence provided the sign is located inside the boundary lines of
the specific property. Signs not to exceed 24" by 36" and are limited
to one per candidate per lot or residential tract of land.
(v)
Signs other than those listed above must have approval of board
of aldermen.
(c)
District B: Planned Unit Development (PUD).
(1)
Institutional properties.
(A)
Area.
(i)
That tract of 0.051 acres occupied by city hall.
(ii)
That tract of 0.594 acres occupied by the HHPOA covered and
enclosed storage units.
(iii)
That tract of 1.65 acres occupied by the HHPOA Community Center
building, tractor shed, recreational vehicle storage units, boat and
utility trailer parking spaces, and the Highland Haven Water System.
(iv)
HHPOA parks and boat launch areas:
a.
That tract of land running from E. Oriole Drive to the Lake
LBJ canal between lot numbers 113, 114 and 115.
b.
That tract of land at the end of Dove Road. The end of Dove
Road, lot numbers 81 and 82 bound this tract. This tract is generally
known in the Highland Haven Subdivision as Dove Park.
c.
That tract of land at the end of the Flamingo Circle-Dove Road
canal. This tract runs from the end of the canal to Highland Drive
and is bounded by lot numbers 71, 72, 73, and 74.
d.
That tract of land at the end of the Bluebird Circle-Robin Road
canal. This tract runs from the end of the canal to Highland Drive
and is bounded by lot numbers 207R, 210, 211, 229, 230, 231, 232,
and 233R.
e.
That tract of land at the end of the Robin Road-Chaparral canal.
This tract runs from the end of the canal to W. Heron Drive and is
bounded by 248, 249, 250, 231, 232, 233 and 234.
f.
That tract of land running from the end of Blackbird Drive to
Lake LBJ. Lot numbers 345 and 334 bound this tract. The western boundary
is defined by Camp Champion's property line.
(B)
Use regulations.
(i)
Permitted activities.
a.
Additional structures and activities subject to city approval.
b.
Pavilions.
1.
A freestanding roofed open-sided structure (similar to a carport/pole
barn) is prohibited in all districts except on HHPOA or city owned
property.
2.
No such structure can be built that will block fire department
access to the lake. All of the HHPOA parks have been designated as
emergency access points for fire protection services.
(2)
Mixed Use properties.
(A)
Area.
That tract of 8.36 acres identified as the Johnston
property, currently having one large metal shop/storage building and
one plus acres being leased to the HHPOA for boat/utility trailer
storage.
(B)
Use regulations.
(i)
Permitted uses.
This sub-district allows mixed
usages such as residential, institutional, and light commercial/industrial
manufacturing and services businesses whose major source of income
is not derived from direct on-site retail sales and services, and
which are compatible with a semi-rural residential community.
(ii)
Conditions and limitations.
a.
That the use not be objectionable, as determined by recorded
vote of the board of aldermen, because of traffic, odor, excessive
light, smoke, dust, noise, vibration, or similar nuisance; and that,
excluding that caused [by] customer and employee vehicles, such odors,
smoke, dust, noise or vibration be generally contained within the
property.
b.
Prohibited uses. Alcoholic beverage establishments, sexually
oriented businesses, businesses which utilize or store hazardous materials,
mining and waste disposal operations, and the breeding/boarding/grooming
of livestock or animals and fowl of any kind.
c.
Signs (advertising) must be on the same lot as the business
establishments to which they refer and shall not be placed within
any yard or within twenty-five feet (25') of a residential district.
Signs may be illuminated but must be stationary and non-flashing.
All signs shall comply with all applicable provisions of this article
and any other applicable ordinance of the city.
(d)
District C: Agricultural.
(1)
Area.
The Agriculture District consists of that tract
of land north of the SFR2 properties, situated between CR 125 and
CR 131 to the city limits at Highway 1431 and the tract of land west
of CR 125, within the city limits, from the entrance to Camp Champion
extending to Highway 1431.
(2)
Use regulations.
(A)
The Agriculture District (C) lands will be restricted to farming
and ranching activities for the grazing of large agricultural animals
(sheep, goats, horses and cattle). A single-family residence and two
outbuildings may be built on each agricultural zoned tract.
(B)
Signs.
(i)
One "For Sale" sign, not larger than 24" x 36", may be placed
on an Agriculture District (C) tract provided the sign is advertising
the specific tract on which it is located as for sale and the sign
is located within the boundary lines of the specific property.
(ii)
One political sign per candidate, no larger than 24" x 36",
may be placed on each individually owned tract of the Agricultural
District.
(iii)
Commercial advertising signs are prohibited, excluding the Camp
Champions sign at the SW corner of junction of FM 1431 and CR 125
and at the Camp Champions Road entrance.
(iv)
One City of Highland Haven sign is authorized at the SE corner
of the junction of FM 1431 and CR 125.
(v)
Highland Haven Ladies Club is authorized to affix a temporary
sign or banner onto the City of Highland Haven sign located at the
corner of FM 1431 and Highland Drive (aka CR 125) to advertise the
annual Ladies Club Rummage Sale. This temporary sign or banner can
be no larger than 48" x 96" and can be displayed only during the weekend
of the rummage sale.
(e)
(f)
District X: Commercial/Light Industrial.
(1)
Area.
(legal description)
(2)
Use regulations.
Buildings, structures, land, or premises
will not be used, and buildings or structures will not hereinafter
be erected, constructed, or altered, except for one of more of the
following uses:
(A)
Permitted uses.
No area, building, or structure may
be used, constructed, or altered, except as follows:
(i)
Antique shop.
(ii)
Arts, craft store, hobby shop (inside sales).
(iii)
Bakery and confectionary, retail sales and commercial sales.
(iv)
Bank, credit union.
(v)
Barber shop, beauty shop.
(vi)
Building materials, hardware (inside sales).
(vii)
Business service.
(viii)
Cabinet and upholstery shop.
(ix)
Cafes, cafeterias, or restaurants.
(x)
Camera or photography stations.
(xi)
Convenience store.
(xii)
Clinics without overnight facilities.
(xiii)
Department, sporting goods, novelty, variety,
or toy stores.
(xiv)
Drapery, needlework, or weaving shop.
(xv)
Drugstore.
(xvi)
Facilities for assembling computer software products.
(xvii)
Florist shop.
(xviii)
Gas station.
(xix)
Gym or fitness center.
(xx)
Household or office furniture, furnishings, or appliance store.
(xxi)
Jewelry or optical goods store.
(xxii)
Laundry pickup and dry-cleaning pickup station.
(xxiii)
Package liquor stores.
(xxiv)
Retail uses which supply everyday shopping needs
of residents of the city.
(xxv)
Shoe repair shop.
(xxvi)
Wearing apparel shops.
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Uses not listed can be petitioned before the board of aldermen.
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(B)
Prohibited uses.
All uses not specifically permitted
under permitted uses are prohibited, including but not limited to
the following:
(i)
Temporary buildings or storage buildings.
(ii)
Activities involving the conduct of major automobile repairs,
body repair or painting, welding, storage of dismantled or non-operational
vehicles, sale of used automobile parts, or the sale of new or used
motor vehicles.
(iii)
The use of parking lots or other outdoor areas for the display,
sale, or storage of merchandise, motor vehicles, equipment, containers,
or waste material.
(iv)
The wholesale processing of food.
(v)
Activities which create a nuisance.
(vi)
Veterinarian services and kennel services.
(vii)
The repair, sale, resale, manufacture, refurbishment or storage
of boats, trailers, mobile homes, or recreational or sport vehicles.
(viii)
Laundries or dry-cleaning plants.
(ix)
Junkyards.
(x)
Tire retread facilities.
(xi)
Sexually oriented businesses, including but not limited to modeling
studios and dating or escort services businesses.
(xii)
The display, sale, or advertisement of any product that adversely
affects the health, safety, or general welfare of the residents of
the city.
(xiii)
Hotel and motel.
(xiv)
Subdivision sales offices.
(xv)
Mining and mining activities.
(3)
Conditions and limitations.
(A)
That the use not be objectionable, as determined by recorded vote
of the board of aldermen, because of traffic, odor, excessive light,
smoke, dust, noise, vibration, or similar nuisance; and that, excluding
that cause [caused by] customer and employee vehicles, such odors,
smoke, dust, noise, or vibration be generally contained within the
property.
(B)
Signs (advertising) must be on the same lot as the business establishments
to which they refer and shall not be placed within any yard or within
twenty-five (25) feet of a residential district. Signs may be illuminated
but must be stationary and non-flashing. All signs shall comply with
all applicable provisions of this article and any other applicable
ordinance of the city.
(Ordinance 056 Rev. 16, sec. III,
adopted 1/24/2023)
(a)
Only
one single-family residence may be constructed on one lot. Only one
Highland Haven water tap (meter) is allowed on one lot.
(1)
In the event a property owner is planning to construct an SFR on
more than one lot, the lots must be re-platted as one lot prior to
the City of Highland Haven issuing a building permit.
(2)
In the event that an SFR has already been constructed across lot
lines prior to the effective date of this section of Ordinance #56,
the property owner must re-plat the lots as one lot prior to the City
of Highland Haven issuing a building permit for any other structures
on the lots.
(3)
In the event that an SFR [has already been] constructed across lot
lines prior to the effective date of this section of Ordinance #56,
the property owner must re-plat the lots as one lot prior to the City
of Highland Haven issuing a building permit for any remodeling/construction
work that will change the "footprint" of any structures on the lots.
(b)
Yards required - setbacks.
Measurements will be from
the property line to the drip line of a building and/or closest edge
of an outside appliance. A residence or building roof drip line determines
the building location.
(2)
Front yards (facing the street).
No building and/or
outside appliance will be located nearer than twenty (20) feet to
the front lot line.
(3)
Rear yards.
(A)
No residence, building and/or outside appliance will be constructed
closer than twenty-five (25) feet to the edge of water in Lake LBJ
when filled to its normal water level of 825 feet above sea level.
(B)
In the case of lots with both a front and back street, no building
and/or outside appliance will be located nearer than twenty (20) feet
to the rear lot line.
(C)
Lots aligned back-to-back and sharing a common rear boundary line
will not have any outbuilding, garage, and/or outside appliance located
nearer than five feet to the common lot line.
(D)
No residence on lots aligned back-to-back shall be constructed closer
than twenty–five (25) feet to the rear lot line.
(c)
Occupancy.
No residence will be occupied until a certificate
of occupancy has been issued. The City of Highland Haven shall issue
a certificate after the residence has passed the final inspection.
(d)
Size/construction of structures.
(1)
Structures will not be allowed, or items stored on a lot prior to
construction of a single-family residence, with the following exceptions.
(A)
Stabilization of shoreline or retaining walls may be permitted before
a residence is constructed.
(B)
Construction of waterfront facilities may be permitted if reasonable
access to the shoreline will be blocked by a residence or septic system
when built or installed.
(C)
Off-water residential owners, who also own a noncontiguous waterfront
lot (ownership of both properties must be identical), may request
a permit for construction of waterfront facilities for the specified
off-water residence.
(2)
Construction and construction materials, both interior and exterior shall comply with the provisions set forth by Local Government Code chapter 3000 [sic]. Said construction and construction materials shall be in compliance with all building and building material codes currently adopted by the City of Highland Haven, Texas. See article 4.02 of the Code of Ordinances.
(3)
A single-family residence shall consist of at least 1,600 square
feet of contiguous living area, exclusive of attached open porches,
breezeways, carports, and garages.
(4)
A single-family residence will have only one inside kitchen facility
for the purpose of food preparation and cooking.
(5)
The roof of a room addition, garage, carport, or patio must be of
the same material as the residence or main living area.
(6)
Garage door opening and/or carport height clearance will not exceed
ten (10) feet.
(7)
A single-family residence shall not have more than two stories and
shall not exceed 40 feet in height from the bottom plate or slab to
the top of the roofline excluding any chimneys and ventilators. Any
garage, storage area or other facility on the lowest level shall be
one of the two stories and be included in the 40 ft. height limit.
(8)
The attic shall not be made into a third level living area.
(9)
The outside wall is the area from the bottom of the wall excluding
the foundation and extending upward to the soffit. The outside wall
area of the house and garage is recommended to have a minimum of forty
(40) percent masonry construction. The outside wall covering of the
living area is recommended to begin within twelve (12) inches of the
finished grade level. Wall area excludes windows and doors.
(e)
Waterfront facilities.
(1)
Waterfront facilities must conform to LCRA regulations.
(2)
The ownership of any waterfront facility is required and limited
to the owners of the associated waterfront lot as identified by Burnet
County Appraisal District records.
(3)
Each waterfront lot is limited to one waterfront facility.
(4)
The sides of the waterfront facility may be of masonry, wood, or
wood-appearing material (not metal or cinderblock).
(5)
Painting is required and the color must match that of the single-family
residence.
(6)
Side lot lines extend into the water as identified on certified property
surveys.
(7)
Waterfront facilities are not allowed within a five (5) foot setback
from the property line extension over water. Bulkheads and on-land
sidewalks are allowed from side lot line to side lot line.
(8)
The maximum height of any waterfront structure, including railing
and/or fencing, shall not exceed sixteen (16) feet from the normal
water level of 825 feet above sea level on Lake LBJ.
(g)
Waterfront facilities on open water.
(1)
The size of any enclosed building associated with the boat stalls
and/or boatlifts shall not exceed 1500 square feet.
(2)
The combined area of the boat stalls and/or boat lifts, building
or structure, and deck area shall not exceed 2400 square feet.
(3)
No part of a waterfront structure shall extend into the lake past
50 feet from the water's edge at the normal water level of 825 feet
above sea level on Lake LBJ.
(h)
Navigation clearances - coves, dredged channels and channel entrances.
(1)
On a dredged channel or waterway less than 35 feet wide, waterfront
facilities/structures shall not extend more than two (2) feet into
the waterway, providing the end of the structure to the centerline
of the canal is at least seventeen and one-half (17.5) feet.
(2)
A roof extension or overhang of an additional two (2) feet is allowed.
(3)
Personal watercraft ramps and lifts, swim docks or decks may extend
up to four (4) feet from the seawall into the waterway providing that
the end of the structure to the centerline of the canal is at least
seventeen and one-half (17.5) feet and property lines extend at least
four (4) feet from the seawall.
(4)
A minimum navigation clearance shall be maintained at thirty-five
feet, without obstruction, from any existing water's edge, seawall,
bulkhead or any existing waterfront structure, lift, ramp, or dock
that are located on the opposite or opposing shoreline property.
(5)
The property owner shall provide a detailed survey from a certified
surveyor indicating the distance from the proposed construction site
water edge (bulkhead) at normal lake level (825 feet) to the water
edge (bulkhead) of the property across the waterway.
(6)
The centerline and width of the waterway shall be indicated on the
survey.
(7)
If the waterway is 35 feet or less navigational clearance regulations
apply same as a channel.
(8)
If the waterway is greater than 35 feet wide no waterfront structure,
lift, ramp, or dock may be constructed beyond a line seventeen and
one-half (17.5) feet from the centerline of the waterway to the water's
edge (bulkhead) of the proposed construction site.
(j)
A
panel of one (1) board of aldermen's designated city building permit
official, one (1) elected city official and one (1) planning and zoning
commissioner shall review a building permit for a waterfront facility
on a canal, cove, or open water. This panel shall provide a recommendation
to the building permit official for approval or disapproval of the
permit application.
(k)
Outbuildings.
(1)
One outbuilding for a garage, workshop and/or storage building will
be permitted on any lot with a single-family residence.
(2)
Such outbuilding must be constructed on the site and be placed on
a concrete slab.
(3)
The roof covering is recommended to be that of the single-family
residence.
(4)
The sides of the outbuilding are recommended to be of masonry, wood,
or wood-appearing material (not metal).
(5)
Paint, except for stone and brick, shall match that of the residence.
(6)
Square footage of the outbuilding will not exceed 900 square feet
of floor space.
(7)
Wall height will not exceed twelve (12) feet and door height will
not exceed ten (10) feet.
(8)
The total height of the outbuilding measured from ground level shall
not exceed the lesser of 24 feet or a roof pitch to match that of
the associated single-family residence on the lot.
(9)
The outbuilding may not, at any time, be used as sleeping quarters
or for camping.
(10)
A garage used for storing boats and/or vehicles will have a hard
surface driveway of asphalt or concrete from the property line to
the outbuilding.
(11)
Construction of any outbuilding within 25 feet of the 825 ft. contour
line is prohibited.
(12)
An existing structure consisting of a combination boat lift/storage
with the storage area extending back over the land area of a waterfront
lot, may not be altered, or modified in such a way as severing/detaching
that portion or section of the boat lift/storage that is over the
land and have it reclassified as an outbuilding. Any such modification
or alteration would disqualify it from any grandfather provision and
would be considered nonconforming. Such an altered or modified structure
would have to be removed from within 25 feet of the 825 ft. contour
line.
(l)
Garages.
(1)
A maximum of two garages are permitted, one attached to the single-family
residence and one detached.
(2)
Each garage may have a maximum of three single vehicle garage doors,
or one single and one double vehicle garage door.
(3)
Square footage of a detached garage shall not exceed 900 square feet
of floor space.
(4)
A detached garage shall be considered the one allowable outbuilding
permitted.
(5)
The interiors of all garages and carports must be finished in such
a way as to conceal framing, insulation material or unfinished masonry.
(6)
All garages will be enclosed on a minimum of three sides and will
be equipped with a garage door; a garage door opening shall not exceed
10 (ten) feet in height.
(m)
Carports.
(1)
A carport will be permitted on any lot developed with a single-family
residence.
(2)
Carports shall be considered a garage for purposes of determining
the maximum number of garages.
(3)
The carport shall be a maximum width of three single garage doors
at the entrance.
(4)
No freestanding carports are allowed.
(5)
Carports must be constructed on-site, attached to the single-family
residence, or conforming outbuilding and attached to the residence
or conforming outbuilding by at least 75% of the length of one side
of carport and placed on a concrete slab.
(6)
The roof covering shall be identical to that of the single-family
residence or as close as possible. Painting is required and the color
shall match that of the single-family residence.
(n)
Greenhouse structures.
(1)
A freestanding greenhouse may be built in lieu of an outbuilding
or detached garage, but not both. In all cases, a freestanding greenhouse
will be considered a structure.
(2)
Maximum size of a freestanding greenhouse is two hundred (200) square
feet.
(3)
Maximum height of a freestanding greenhouse will not exceed ten (10)
feet.
(4)
The greenhouse shall be constructed of materials from a commercial
vendor of greenhouses. The greenhouse panels shall be made of polycarbonate,
glass, or other durable material but not polyethylene. The frame is
recommended to be made of aluminum or other durable metal but not
PVC. Construction of the structure with leftover scrap materials and/or
materials such as noncommercial plastic is not permitted.
(5)
The location of a freestanding greenhouse must be in the back yard
area of a residential property and cannot be located in the front
or in the side property areas. All setbacks apply.
(6)
All greenhouse structures must be anchored properly. This will include
anchoring each support in a buried concrete receptacle or a perimeter
foundation anchor constructed of a concrete border or curbing.
(7)
A partial (not freestanding) greenhouse structure may be attached
to a side or back of an existing house structure, an outbuilding,
or detached garage; it may not be attached in the front of the house.
(8)
An attached greenhouse shall comply with regulations for a freestanding
greenhouse.
(9)
All setbacks apply.
(10)
Flooring is not required in either a freestanding greenhouse or a
partial attached greenhouse. Use of any greenhouse structure for commercial
purposes is prohibited.
(o)
Playscapes.
(1)
The location of a playscape must be in the back yard area of a residential
property and cannot be located in the front or in the side property
area. All setbacks apply.
(2)
Only one playscape per residential property.
(3)
A playscape will not be considered one of the acceptable, auxiliary
structures permitted on a residential lot.
(4)
Playscapes are not permitted on a vacant lot.
(5)
The maximum allowable height of a playscape is fourteen (14) feet.
(6)
No plumbing, electric or hard surface.
(p)
Pergolas.
(1)
A freestanding pergola will be considered the one allowable outbuilding/structure permitted on a lot with a single-family residence - reference subsection (k)(1) of this section.
(2)
Freestanding pergolas are allowed only in the back yard of a residence.
(3)
A pergola cannot be located in the front area or on the side area
of a residential structure. The street side of a residential structure
is considered the front side of a residential structure.
(4)
The maximum size of a pergola is four hundred (400) square feet.
This measurement will be determined by the area of the roof structure.
(5)
The maximum height of a pergola will not exceed twelve (12) feet.
(6)
The pergola will be considered a part of a single-family residence
only if it is integrated and attached to the residence by at least
75% of the length of one side of the pergola.
(7)
The pergola will not be considered a part of the residential structure
if the only attachment to the residence is by deck, sidewalk, concrete
slab or concrete apron.
(8)
A pergola is not required to have a floor.
(9)
Structure must have open side walls but may have decorative railings
with balusters, wrought iron or other similar durable materials. Light-weight
lattice materials are not recommended.
(10)
A pergola will not be used as a storage structure, either temporarily
or permanently, to house trailers, golf carts, go-carts, motorcycles,
boats, personal watercraft, recreational vehicles, lawn mowers, ATVs,
other similar motorized vehicles, non-functioning appliances, or boxes/cartons.
(11)
Construction within twenty-five (25) feet of the 825-contour water
line is prohibited. All building setback requirements will apply to
the location of the pergola.
(12)
The supporting posts or columns are recommended to be constructed
on concrete footings.
(13)
The roof structure (consisting primarily of open cross beams and
rafters) must be open a minimum of fifty percent.
(14)
Structure shall be painted to match SFR or have stained natural wood
finish.
(q)
Gazebo.
(1)
A freestanding gazebo will be considered the one of the allowable outbuilding/structures permitted on a lot with a single-family residence - reference subsection (k)(1) of this section.
(2)
A gazebo cannot be attached to a single-family residence in any manner.
(3)
The maximum size of a gazebo will be two hundred (200) square feet.
The area will be determined by the area of the roof including any
eave overhang or any lower extensions that are part of the structure,
whichever is greater.
(4)
The structure must have a floor (e.g., wooden deck, concrete, pavers,
flagstone).
(5)
The maximum height is twelve (12) feet.
(6)
Structure must have open side walls but may have decorative railings
with balusters, wrought iron or other similar durable materials are
recommended. Lightweight lattice materials are not recommended.
(7)
Structure shall be painted to match SFR or have stained natural wood
finish.
(8)
The roof covering shall be identical to that of the main living area
of the single-family residence.
(9)
Construction within twenty-five (25) feet of the 825-contour water
line is prohibited. All building setback requirements apply.
(10)
The gazebo will not be used as a storage structure, either temporarily
or permanently, to store trailers, golf carts, go-carts, motorcycles,
boats, personal watercrafts, recreational vehicles, lawn mowers, ATVs,
or other motorized vehicles, appliances, or boxes/cartons.
(r)
Pavilions.
(1)
A freestanding roofed open-sided structure (similar to a carport/pole
barn) is prohibited in all districts except on HHPOA or city owned
property.
(2)
No such structure can be built that will block fire department access
to the lake. All of the HHPOA parks have been designated as emergency
access points for fire protection services.
(s)
Driveways.
(1)
Driveways must be hard surfaced with asphalt, concrete, or paving
blocks. Paving blocks shall be installed per the manufacturer's/distributor's
recommendations for compacting the base and construction of the border
footings.
(2)
The driveway approach, extending from the street across right-of-way to property line, may be any suitable driving surface, except concrete, and may require a culvert underneath. Refer to article 10.03. On a corner lot a driveway approach may not be nearer than twenty feet (20') from a front or side lot line.
(t)
Relocating/moving buildings or structures into, or within, the city.
(1)
Moving or skidding structures within the incorporated limits is prohibited.
(2)
Mobile homes will not be placed on any lot, tract or parcel of land
within the corporate limits of the City of Highland Haven, Texas.
(3)
Manufactured storage-type buildings will not be moved into the corporate limits of the city or placed on any lot, tract, or parcel of land within the corporate limits except as permitted above (section 9.02.003(b)(2)) as temporary buildings.
(4)
Manufactured housing, or manufactured homes, meeting the square footage
requirements are permitted, provided the following additional minimum
criteria are met:
(A)
Building permit is required.
(B)
The structure was originally manufactured as a residence designed
to be placed on a permanent concrete foundation.
(C)
Proof is provided that the residence meets the "Texas Manufactured
Housing Code" or "Texas Modular Code."
(D)
The residence will be installed on a permanent concrete slab foundation.
(E)
Structures with the appearance and/or shape of a traditional mobile
home (either single-or double-wide) will incorporate features that
will alter the appearance of all views from any direction.
(F)
The structure must comply with all provisions for a residence as outlined in section 9.02.004 (structures and land use), and Districts A and D, Single Family Residential.
(G)
Manufacturer's guarantee is to provide that the residence, when permanently
installed, is designed to withstand winds of at least 90 mph.
(u)
Camping and/or structure occupancy.
(1)
Tent camping is permitted on an improved lot with a single-family
residence for a maximum of 30 days per year, nine or fewer consecutive
days.
(2)
Adult supervision is required.
(3)
Overnight occupancy and camping on any lot, improved or unimproved,
without a single-family residence is prohibited.
(4)
Up to three non-paying guests who are members of the immediate family
may utilize sleeping quarters in a non-contiguous, approved boating
facility located on an improved lot with a single-family residence.
Paying guests are prohibited.
(5)
Usage is not to exceed 30 days per calendar year (60 days if the
guest quarters existed before March 1, 1996), no more than nine consecutive
days, and provided that the guest quarters must not include a kitchen
or other cooking facility.
(v)
On-site wastewater disposal facilities (septic systems) installation/modification.
(1)
The LCRA has complete jurisdiction over on-site waste disposal facilities
within the corporate limits of the city.
(2)
In 1994, the LCRA established rules that require certification by
a municipal floodplain administrator, certifying compliance with floodplain
management regulations, prior to any LCRA approval of residential
or commercial on-site waste disposal facilities (septic system).
(3)
The city will issue the required certification, based on the findings
of a certified site (lot or parcel) survey and approval (by permit)
by LCRA. Any additional site preparation is the property owner's responsibility
and will require a city permit.
(4)
LCRA has the prime responsibility to assure systems continue to operate
properly.
(5)
The city has a shared responsibility to protect the water of Lake
LBJ and the residents of the city. Therefore, residents and property
owners will be in violation of this article and subject to penalties
established by this article if:
(x)
Restoration of damaged structures.
(1)
If any structure is damaged by fire, flood, storm, etc., to the extent
that over 50% of the structure is to be rebuilt or restored, the complete
structure must meet all the then-current planning and zoning and building
requirements of a totally new structure.
(2)
Any LCRA rules and regulations existing at that time apply.
(y)
Home businesses/offices.
(1)
All SFR1 and SFR2 properties in Highland Haven are restricted to
residential use only.
(2)
However, the city board of aldermen may issue a special permit to
allow a business/home office to a specific residence, if so requested.
Permits may be requested with a simple form submitted to the city
and no fee is required.
(3)
A special permit may be issued by the board of aldermen for a period
of two (2) years provided the business is not detrimental to the community
regarding noise, traffic, health, or safety.
(4)
No signage advertising or locating the business is permitted.
(5)
A variance may be obtained for a home office business provided that
the business does not comply with the definitions of commercial land
and that:
(6)
Vehicles used in pursuit of the work will comply with the vehicle
ordinance.
(7)
No evidence of business activity shall be visible from outside the
building.
(8)
Such businesses might be real estate, yard care, landscaping, seamstress/sewing,
accounting, home maintenance, plumbing, electrical, carpentry, painting,
and etc.
(z)
Rental of residence.
(1)
Residences may be rented for periods no less than one hundred eighty
consecutive days.
(2)
Time-share periods of occupancy of less than one hundred eighty consecutive
days are not permitted.
(3)
The renter and the property owner are responsible for compliance
with all laws and regulations.
(4)
Portions of residences may not be offered for rent.
(Ordinance 056 Rev. 16, sec. IV,
adopted 1/24/2023)
(a)
Conforming and nonconforming structures and uses.
(1)
Grandfather.
Any building or use of any land legally
existing on March 1, 1996, may be continued subject to such regulations
regarding the maintenance of the premises. A nonconforming building
that is damaged may be repaired to essentially the original condition
but may not be expanded and in order to maintain its nonconforming
status, such repairs must be completed within one year of the damaged
date. A nonconforming structure may not be enlarged in any dimension
unless the added structure meets conforming status. For nonconforming
outbuildings and detached garages, the nonconforming building may
not be enlarged in any dimension unless the entire existing structure
and the added structure meets conforming status. A nonconforming use
shall not be changed unless the change is to a conforming use. A nonconforming
use and/or structure, if changed to conforming status, may not thereafter
be changed back to a nonconforming status. Altering, modifying, adding
to or remodeling any existing structure from a conforming structure
into a nonconforming structure is prohibited.
(2)
Certificates for noncompliance.
The city issued certificates
of noncompliance for nonconformance uses, buildings or structures
existing prior to March 1, 1996, to owners who filed applications
for such certificate of noncompliance with the city before March 1,
1997. Copies of these certificates are on file at the city. Property
owners claiming pre-March 1, 1996, grandfathering issues, for which
a certificate is not on file, are responsible for providing evidence
as required by the city before a certificate of nonconformance can
be issued.
(Ordinance 056 Rev. 16, sec. V,
adopted 1/24/2023)
(a)
Procedure.
(1)
A request for a variance from this article will be submitted in writing
to the mayor, board of aldermen (BOA) and planning and zoning commission
(P&Z). The mayor, BOA and P&Z may authorize a variance from
these regulations if, in its opinion, undue hardship will result from
requiring strict compliance to this article and not cause undue hardship
to the public interest. Approval of any individual variance will not
automatically extend to other property within the City of Highland
Haven.
(2)
Conditions required for variance:
(A)
No variance shall be granted without first having given public notice
of the variance request to any and all property owners within 200'
of the requesting property and having a public hearing on the written
variance request. As per Local Government Code section 211.006.
(B)
Findings.
The property owner must complete the variance
documents and deliver them to the city prior to any public hearing.
(i)
That there are special circumstances or conditions affecting
the land involved such that the strict application of the provisions
of this article would deprive the applicant of the reasonable use
of the land; and
(ii)
That granting of the variance will not create a hardship to
the public health, safety or welfare, or be injurious to other property
within the city; and
(iii)
That the granting of the variance will not have a negative effect
on the surrounding properties; and
(iv)
That granting the variance constitutes a minimal departure from
this article; and
(v)
That the circumstances or conditions are not self-imposed, are
not based solely on economic gain or loss, and most important that
they do not negatively affect properties in the vicinity of the applicant's
property.
(C)
Such written findings of the BOA, together with the specific facts
upon which findings are based, shall be read into the official minutes
of the BOA meeting at which the variance is reviewed. Variances should
only be granted when there is no hardship caused to the public health,
safety and welfare.
(b)
Findings of undue hardship.
(1)
In order to grant a variance, the BOA must make written findings
that an undue hardship exists using the following criteria:
(A)
The literal enforcement of this article will create an unnecessary
hardship or practical difficulty in the development of the affected
property; and
(B)
That the situation causing the hardship or difficulty is neither
self-imposed nor generally affecting all or most properties in the
same area; and
(C)
That the relief sought will not injure the permitted use of adjacent
conforming properties; and
(2)
No variance may be granted which results in undue hardship to the
neighboring properties.
(3)
The applicant bears the burden of proof in establishing the facts
that may justify a variance.
(c)
Application and fee.
An application for a variance under
this article shall be made in writing using forms provided by the
city and be accompanied by an application fee. A site plan, survey,
scaled drawing or other information may be requested in order to properly
review the variance request.
(d)
Notice and public hearing.
(1)
The board of aldermen shall hold public hearings for consideration
of any written variance request. Notices shall be posted on the public
notice board outside of city hall and published in the official newspaper
of the city no less than 15 days prior to the date of the public hearing.
The notice shall identify the property, street address and details
of the proposed variance with the date and time of the public hearing.
(2)
As per Texas Local Government Code, section 211.006.
(Ordinance 056 Rev. 16, sec. VI,
adopted 1/24/2023)
If any section, part, subdivision, clause or provision of this
article be adjudged invalid or held to be unconstitutional, it will
not affect the validity of this article as a whole, or any part or
provision thereof, other than the part or parts that have been held
or adjudged invalid or unconstitutional.
(Ordinance 056 Rev. 16, sec. VII,
adopted 1/24/2023)
(b)
The owner or owners, renter or lessee of any building or premises or part thereof, where anything is in violation of this article, [and] any architect, builder, contractor, agent, person, or corporation, employed in connection therewith and who may have assisted in the commission of any such violation, will be charged as a separate offense and upon conviction thereof will be fined as provided in article 1.03.
(Ordinance 056 Rev. 16, sec. VIII,
adopted 1/24/2023)
It is hereby officially found and determined that the meeting
at which this ordinance is passed was open to the public as required
and that the public notice of the time, place and purpose of said
meeting was given as required by the Open Meeting Act, chapter 551,
Texas Local Government Code [Texas Government Code].
(Ordinance 056 Rev. 16, sec. IX,
adopted 1/24/2023)
This article shall take effect immediately from and after its
passage and publication in accordance with the provisions of the Texas
Local Government Code.
(Ordinance 056 Rev. 16, sec. X,
adopted 1/24/2023)
