ARTICLE 9.02 ZONING REGULATIONS [1]

The governing body of a municipality may regulate:

The height, number of stories, and size of buildings and other structures;

The percentage of a lot that may be occupied;

The size of yards, courts, and other open spaces;

Population density;

The location and use of buildings, other structures, and land for business, residential, or other purposes.

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)

§ 9.02.003 Zoning districts.

Zoning districts are hereby established as follows:

District A	Agricultural
District B	Planned Unit Development (PUD)
Sub-category	Institutional properties
Sub-category	Mixed Use properties
District C	Commercial
Sub-category	Office (O)
Sub-category	General Business (GB)
Sub-category	Light Industrial (LI)
Sub-category	Governmental, Utility, and Institutional District (GUI)
District R1	Single Family Residential 1 (SFR1)
District R2	Single Family Residential 2 (SFR2)

Note (1): See appendix 2, Zoning Map. Multi-family residences are not permitted within the corporate city limits.

Note (2): Refer to other sections of this article for applicable criteria and restrictions for each zoning district.

District R1: Single Family Residential 1 (SFR1).

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.

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:

Single-family residence; or

Temporary buildings for uses incidental to construction work on the premises. These buildings will be removed upon completion or abandonment of construction.

Approved auxiliary buildings limited to garages, outbuildings, greenhouses, waterfront facilities, pergolas and gazebos.

Signs:

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.

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.

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.

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.

Signs other than those listed above must have approval of board of aldermen.

(c)

District B: Planned Unit Development (PUD).

Institutional properties.

Area.

That tract of 0.051 acres occupied by city hall.

That tract of 0.594 acres occupied by the HHPOA covered and enclosed storage units.

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.

HHPOA parks and boat launch areas:

That tract of land running from E. Oriole Drive to the Lake LBJ canal between lot numbers 113, 114 and 115.

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.

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.

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.

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.

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.

Use regulations.

Permitted activities.

Additional structures and activities subject to city approval.

Pavilions.

A freestanding roofed open-sided structure (similar to a carport/pole barn) is prohibited in all districts except on HHPOA or city owned property.

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.

Signs.

Political signs are not permitted on Institutional property.

The HHPOA is authorized signs as needed for building/area identification, ingress/egress control, and advice of safety hazards.

Mixed Use properties.

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.

Use regulations.

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.

Conditions and limitations.

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.

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.

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.

Site development regulations.

Paved sidewalks, driveways and parking areas are required.

Screening of loading and storage facilities is required.

Additional development of this area shall be in accordance with the provisions of article 9.03 (the subdivision regulations) and ETJ regulations and/or appendix C, Planned Unit Development District, of this document.

(d)

District A: Agricultural.

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.

Use regulations.

The Agriculture District (A) 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.

Signs.

One "For Sale" sign, not larger than 24" x 36", may be placed on an Agriculture District (A) 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.

One political sign per candidate, no larger than 24" x 36", may be placed on each individually owned tract of the Agricultural District.

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.

One City of Highland Haven sign is authorized at the SE corner of the junction of FM 1431 and CR 125.

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)

District R2: Single Family Residential 2 (SFR2).

Area.

Former area designated as Property Development District #1 (PDD#1), which consisted of two tracts of 1.31, and 6.96 acres.

Currently three tracts of 1.31, 3.32 and 3.64 acres.

Use regulations.

Use regulations and restrictions are the same as prescribed for District R1, SFR1, except:

Minimum lot/acreage size is increased to 1 acre.

Minimum street/road frontage is increased to 100 feet.

Tracts of 2 acres or more may construct an additional outbuilding and may stable up to 2 horses.

See city Ordinance #055, Dissolution of PDD#1, for grandfathered structures and uses in the 1.31-acre tract.

(f)

District C: Commercial.

Area.

(Legal description of area requested for rezoning as provided by Requestor.)

Purpose.

The purpose of the general commercial district is to set aside defined land areas within the city, commensurate with anticipated demand, for commercial uses that serve the surrounding community with retail goods and services, in locations where transportation access can be maximized, while creating an environment to enhance the public image of the city, encourage economic investment, and provide attractive gateways into the city.

No area, building, or structure may be used, constructed, or altered except for those permitted by the City.

Regulation of commercial district development is intended to support the rural and recreational quality of life enjoyed by residents and property owners of the City by promoting business uses typical of a small Texas Hill Country Community.

Property Owners may, by variance request to the City, request business use of a property zoned other than commercial. Requests will be considered on a case-by-case basis.

Use regulations.

(See Chart 5 below.)

General conditions and limitations.

That the use is not objectionable, as defined by a positive vote of the Board of Aldermen, due to traffic, odor, excessive light pollution, smoke, dust, noise, vibration or similar nuisance and that such odors, smoke, dust noise or vibration be generally contained within the property, except that which is caused by customer and employee vehicles.

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 land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered.

Conditional uses.

Non-conforming or conditional uses are permitted in only two distinct instances.

Property owners may receive approval of conditional use by a positive vote of the Board of Aldermen.

Property owners who are actively using property for unapproved conditional purposes on May 6, 2025, may continue to use that property for that purpose, under the following conditions:

There will be no future expansion of such facilities or uses;

If existing facilities are expanded or remodeled, such conditional use becomes subject to the full force of this ordinance, including but not limited to the requirement that conditional use is granted only by positive vote of the Board of Aldermen;

Sale of said property will not convey conditional use approval to subsequent property owners. Conditional use of said property by a new owner will be subject to the full force of this ordinance, including but not limited to, requirement that conditional use is granted by a positive vote of the Board of Aldermen.

Site development requirements.

Purpose.

The purpose of this section is to provide control over the commercial 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 Commercial must submit to the City for review a description of the activity to be conducted, the location, building plans, site plans with drawings, dimensions, and specifications.

Site plan submission.

A site plan shall be accurately and legibly drawn to scale with dimensions, and shall show the following items, as may be applicable for review of the proposed improvements:

Points of reference to accurately locate the site;

The boundary of the existing property;

Existing and/or proposed buildings;

Proposed occupancy;

Parking layout and drives;

(vi)

Means of ingress and egress;

(vii)

Loading areas;

(viii)

Fire lanes;

(ix)

Areas to be landscaped;

(x)

Screening/fencing;

(xi)

Public and private sidewalks;

(xii)

Refuse facilities with screening;

(xiii)

Adjoining streets and alleys, including curbs, medians, and storm drains;

(xiv)

Drainage, electric, telephone, gas, cable television, and other utility easements;

(xv)

Zoning;

(xvi)

Size of buildings;

(xvii)

Computations of building areas for each occupancy, site area, and parking ratio;

(xviii)

Existing or proposed water and sanitary sewer lines and estimated water requirements;

(xix)

Sign locations;

(xx)

Other such information as considered essential by the Planning & Zoning Commission or the City.

Site development regulations.

Paved Sidewalks, driveways, and parking areas are required.

Screening of loading and storage facilities is required.

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.

See Charts 1 through 4 below.

(E)

Approval.

Approval will be given based on appropriately conforming to the specific activity at the specific location with regard to existing activities, structures, neighborhoods, and to the plans of the City.

(F)

Elements of site plan approval.

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

Drainage, driveways, sewage and water utilities, and traffic flow plans must be approved by all governing County and State entities before final approval of the site plan will be granted by the Board of Aldermen.

All plans submitted must comply with the building codes in effect for the City at the time said plans are submitted (refer to Section 4.02.002).

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 appropriately for the type of wood material used.

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

Minimum landscaped open space must be provided as follows:

Office uses: 15% of lot area;

Commercial uses: 10% of lot area;

Industrial uses: 5% of lot area.

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

(vi)

Material used on the framing or exterior of any structure must be 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.

(vii)

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

(viii)

Rear yards shall be required, only in the instance where 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 Office/General Business and Residential uses, and not less than a twenty-foot rear yard between Light Industrial and Residential uses. No yard or other open space provided to comply with the provisions of this subsection shall be considered providing a yard or open space for a building on any other lot.

(ix)

Outside storage and trash receptacles shall be enclosed from view by the general public by a solid fence constructed of masonry or wood; the fence shall be a minimum of six feet tall. Where an industrial use property abuts a Residential use, a solid fence must be a minimum of eight feet in height (over eight feet in height must be approved by the City through the Development Process) and 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 General Commercial or Industrial District trash dumpsters shall be serviced from the owner's property.

(G)

Rejection.

If the review results in a rejection of the plans, the City 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 at any time after this notice is received.

(H)

Appeals.

Any person may appeal the City's decision (rejection) to the Board of Aldermen. The decision rendered by the Board of Aldermen is final.

(I)

Sign regulations.

Permitted commercial signs must be on the same lot as the business establishment to which they refer and comply with all setbacks for the relevant Zoning District.

Temporary signs, movable marquees, and banners are prohibited, except for construction signs during development.

Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within any required yard nor within twenty-five (25) feet of any Residential District. Signs may be illuminated but must be stationary and non-flashing. All signs shall comply with all applicable provisions of this ordinance and any other applicable ordinance of the City.

(J)

Off-street loading requirement.

Any business 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:

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 date of the ordinance from which this chapter is derived, is enlarged, it shall then and thereafter comply with the off-street loading requirements.

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

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

(vi)

One loading space for each 5,000 square feet of floor area.

(K)

Binding site plan.

Compliance by the applicant to the site plan submitted and approved will be determined by the City's designee. Should said designee determine that actual construction varies from the approved plans, the City's designee may issue a violation, the applicant may be subject to a fine, and a stop-work order may be issued until such variance is resolved.

Commercial districts.

Office District – District "O".

Purpose.

Allows office development to a maximum of two stories for use in providing professional and other services. (See Chart 5)

Conditions and limitations.

Does not allow hospitals or call centers.

Business hours 7:00 a.m. to 7:00 p.m.

General Business – District "GB".

Purpose.

This district allows general retail and commercial uses in the following listed use areas:

Listing of types of businesses (See Chart 5).

Uses as determined by the Planning and Zoning Commission and the Board of Aldermen which are closely related and similar in nature and environmental impact to uses listed in Chart 5.

Any business not listed in Chart 5 shall apply for approval by the City.

Conditions and limitations.

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.

That the business be conducted wholly within an enclosed building, except for delivery, catering, gasoline sales, nurseries, and garden centers.

That required yards and outdoor areas not be used for display, sale, vehicles, equipment, containers, or waste material, save and except for screened dumpster collection areas.

That all merchandise be sold on the premises, except for delivery and catering.

Establishments located on property that is within 300' of any property zoned for residential use when commercial use is first established may not be open to the general public before 5:00 a.m. and must be closed to the general public by 10:00 p.m.

A variance request may be submitted to the City for deviations from conditions and limitations.

Light Industrial – District "LI".

Purpose.

This district is designed to provide locations for outlets offering goods and services to a targeted segment of the general public as well as industrial users. The uses included primarily serve other commercial and industrial enterprises. No building or land shall be used, and no building hereafter shall be erected, maintained, or structurally altered, except for one or more of the uses hereinafter enumerated. Allows assembly, packaging, and manufacture of nonhazardous, non-volatile goods, materials, products, or equipment and the following listed uses: (See Chart 5).

Light manufacturing:

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

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

Research, development, and testing activities.

Conditions and limitations.

See Charts 1 through 4.

Performance standards.

Light Industrial Districts. All uses in the LI (Light Industrial) District shall conform in operation, location, and construction to the minimum performance standards herein specified for noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter, and other air contaminants, fire, explosive and hazardous matter, and vibration.

Noise nuisances.

By authority of: Texas Local Government Code, title 7, Regulations of Land Use, Structures, Businesses, and Related Activities, subtitle A. Municipal Regulatory Authority. The City may define, declare, and abate noise nuisances.

The City defines a noise nuisance for purposes of Commercial Zone LI as: Unreasonably loud, disturbing, or unnecessary noise that causes material distress, discomfort, or injury to a reasonable person of ordinary sensitivity in the immediate vicinity thereof; and/or any noise of such character, intensity and continued duration that it substantially interferes with the comfort and enjoyment of private homes or with the normal operations of neighboring businesses, by reasonable persons of ordinary sensitivity.

Governmental, Utility, and Institutional District ("GUI").

§ 9.02.004 Structures in land use Districts A and D (single-family residential and any other zoning district which gains approval for development which includes SFR).

Purpose.

This district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. Uses permitted in the GUI district and other substantially similar uses generate a large amount of traffic. Land abutting a major street that can be used for access will be considered appropriate for GUI classification. (See Chart 5)

Chart 1
Zoning District	Front Setback	Side Setback	Street Side Yard Setback	Rear Setback	Min. Lot SF Area	Min. Lot Width	Height Limit
O	25 ft.	10 ft.	15 ft.	25 ft.	6,000	50 ft.	35 ft.
GB	25 ft.	10 ft.	15 ft.	15 ft.	6,000	50 ft.	45 ft.
LI	25 ft.	25 ft.	25 ft.	25 ft.	9,000	80 ft.	45 ft.
GUI	25 ft.	15 ft.	15 ft.	15 ft.	7,500	60 ft.	35 ft.

Chart 2
Zoning District	Maximum Lot Coverage Main Building(s)	Coverage Main Buildings and All Accessory Buildings
O	50%	60%
GB	60%	70%
LI	50%	60%
GUI	60%	70%

Chart 3
Zoning District	Building Area - Maximum Floor Area Ratio		Land Area
O	0.8	To	1
GB	1.8	To	1
LI	1.5	To	1
GUI	1.5	To	1

Chart 4
Use	Minimum Number of Parking Spaces (1)
Cafes, Restaurants, and Similar Use	One space per 4 customer seats
Banks, Offices, Retail Establishments, Shopping Centers, and Similar Uses Catering to General Public	One space 250 square ft of gross floor area
Warehouse and Distribution Operations	One space per 1,000 square ft of gross floor area
Outdoor Storage	One space per 2,000 square ft

Chart 5
Business Type	O	GB	LI	GUI
Antique shops		X
Apparel shop		X
Arts, craft, hobby shop (inside sales)		X
Bakery, confectionary – retail and/or commercial sales		X
Bank, credit union	X	X
Barber shop, beauty shop		X
Building materials, hardware (inside sales)		X
Business services	X	X
Cabinet, upholstery shop			X
Cafes, cafeterias, restaurants		X
Camera, photography	X	X
Churches				X
Clinics without overnight services		X
Community buildings				X
Convenience store		X
Department, sporting goods, novelty, variety, toy stores		X
Drapery, needlework, weaving shops		X
Drugstore		X
Electrical substations				X
Facilities for assembly of computer software products			X
Florists, jewelry, optical goods stores		X
Gas station		X
Gym, fitness center		X
Household/office furniture/furnishings stores		X
Laundry/dry cleaning substation		X
Municipal recreation facilities				X
Package liquor stores		X
Parks, playgrounds				X
Public buildings				X
Public utility substations & distribution centers				X
Retail supplying common shopping needs of residents		X
Schools-public and private				X
Shoe and leather repair		X
Warehousing and distributing operations			X
Wastewater treatment plants				X
Water supply - reservoirs, plants, water towers				X
Wholesale distributor			X

(Ordinance 056 Rev. 16, sec. III, adopted 1/24/2023; Ordinance 137 adopted 8/19/2025)

Only one single-family residence may be constructed on one lot. Only one Highland Haven water tap (meter) is allowed on one lot.

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.

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.

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.

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.

Side yards.

No building and/or outside appliance will be located within five (5) feet of the adjacent lot line.

In the case of corner lots, no building or outside appliance will be located within ten (10) feet of the side lot line adjacent to the street.

Front yards (facing the street).

No building and/or outside appliance will be located nearer than twenty (20) feet to the front lot line.

Rear yards.

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.

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.

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.

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.

Structures will not be allowed, or items stored on a lot prior to construction of a single-family residence, with the following exceptions.

Stabilization of shoreline or retaining walls may be permitted before a residence is constructed.

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.

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.

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.

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.

A single-family residence will have only one inside kitchen facility for the purpose of food preparation and cooking.

The roof of a room addition, garage, carport, or patio must be of the same material as the residence or main living area.

Garage door opening and/or carport height clearance will not exceed ten (10) feet.

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.

The attic shall not be made into a third level living area.

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.

Waterfront facilities must conform to LCRA regulations.

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.

Each waterfront lot is limited to one waterfront facility.

The sides of the waterfront facility may be of masonry, wood, or wood-appearing material (not metal or cinderblock).

Painting is required and the color must match that of the single-family residence.

Side lot lines extend into the water as identified on certified property surveys.

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.

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.

(f)

Waterfront facilities on dredged channels.

The size of any enclosed building associated with the boat stalls and/or boat lifts shall not exceed 900 square feet.

The combined area of boat stalls and/or boat lifts, building or structure, and deck area shall not exceed 1,500 square feet.

(g)

Waterfront facilities on open water.

The size of any enclosed building associated with the boat stalls and/or boatlifts shall not exceed 1500 square feet.

The combined area of the boat stalls and/or boat lifts, building or structure, and deck area shall not exceed 2400 square feet.

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.

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.

A roof extension or overhang of an additional two (2) feet is allowed.

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.

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.

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.

The centerline and width of the waterway shall be indicated on the survey.

If the waterway is 35 feet or less navigational clearance regulations apply same as a channel.

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.

All requirements of article 4.02 apply.

(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.

One outbuilding for a garage, workshop and/or storage building will be permitted on any lot with a single-family residence.

Such outbuilding must be constructed on the site and be placed on a concrete slab.

The roof covering is recommended to be that of the single-family residence.

The sides of the outbuilding are recommended to be of masonry, wood, or wood-appearing material (not metal).

Paint, except for stone and brick, shall match that of the residence.

Square footage of the outbuilding will not exceed 900 square feet of floor space.

Wall height will not exceed twelve (12) feet and door height will not exceed ten (10) feet.

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.

The outbuilding may not, at any time, be used as sleeping quarters or for camping.

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.

A maximum of two garages are permitted, one attached to the single-family residence and one detached.

Each garage may have a maximum of three single vehicle garage doors, or one single and one double vehicle garage door.

Square footage of a detached garage shall not exceed 900 square feet of floor space.

A detached garage shall be considered the one allowable outbuilding permitted.

The interiors of all garages and carports must be finished in such a way as to conceal framing, insulation material or unfinished masonry.

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.

A carport will be permitted on any lot developed with a single-family residence.

Carports shall be considered a garage for purposes of determining the maximum number of garages.

The carport shall be a maximum width of three single garage doors at the entrance.

No freestanding carports are allowed.

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.

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.

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.

Maximum size of a freestanding greenhouse is two hundred (200) square feet.

Maximum height of a freestanding greenhouse will not exceed ten (10) feet.

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.

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.

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.

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.

An attached greenhouse shall comply with regulations for a freestanding greenhouse.

All setbacks apply.

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.

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.

Only one playscape per residential property.

A playscape will not be considered one of the acceptable, auxiliary structures permitted on a residential lot.

Playscapes are not permitted on a vacant lot.

The maximum allowable height of a playscape is fourteen (14) feet.

No plumbing, electric or hard surface.

(p)

Pergolas.

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.

Freestanding pergolas are allowed only in the back yard of a residence.

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.

The maximum size of a pergola is four hundred (400) square feet. This measurement will be determined by the area of the roof structure.

The maximum height of a pergola will not exceed twelve (12) feet.

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.

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.

A pergola is not required to have a floor.

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.

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.

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.

A gazebo cannot be attached to a single-family residence in any manner.

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.

The structure must have a floor (e.g., wooden deck, concrete, pavers, flagstone).

The maximum height is twelve (12) feet.

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.

Structure shall be painted to match SFR or have stained natural wood finish.

The roof covering shall be identical to that of the main living area of the single-family residence.

Construction within twenty-five (25) feet of the 825-contour water line is prohibited. All building setback requirements apply.

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.

A freestanding roofed open-sided structure (similar to a carport/pole barn) is prohibited in all districts except on HHPOA or city owned property.

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.

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.

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.

Moving or skidding structures within the incorporated limits is prohibited.

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.

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.

Manufactured housing, or manufactured homes, meeting the square footage requirements are permitted, provided the following additional minimum criteria are met:

Building permit is required.

The structure was originally manufactured as a residence designed to be placed on a permanent concrete foundation.

Proof is provided that the residence meets the "Texas Manufactured Housing Code" or "Texas Modular Code."

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.

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.

Adult supervision is required.

Overnight occupancy and camping on any lot, improved or unimproved, without a single-family residence is prohibited.

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.

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.

On-site wastewater disposal facilities (septic systems) installation/modification.

The LCRA has complete jurisdiction over on-site waste disposal facilities within the corporate limits of the city.

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).

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.

LCRA has the prime responsibility to assure systems continue to operate properly.

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:

Septic system residue is found on the surface of land areas within the corporate limits or residue is discharged into lake or other watercourses.

Any waste type contaminant, from vehicle/trailer holding facilities, is discharged into the water or on to land within the corporate limits.

(w)

Completion of permitted projects.

Projects or structures with a valid permit shall be completed within the initial permit period as specified in the fee schedule in appendix A of the Code of Ordinances. Extensions may be granted for additional fees. See the fee schedule in appendix A.

(x)

Restoration of damaged structures.

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.

Any LCRA rules and regulations existing at that time apply.

(y)

Home businesses/offices.

All SFR1 and SFR2 properties in Highland Haven are restricted to residential use only.

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.

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.

No signage advertising or locating the business is permitted.

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:

There will be no traffic/parking problems around the home.

There will be no nuisance or unlawful activity associated with the business, i.e., noise, odors, late hours, etc.

Vehicles used in pursuit of the work will comply with the vehicle ordinance.

No evidence of business activity shall be visible from outside the building.

Such businesses might be real estate, yard care, landscaping, seamstress/sewing, accounting, home maintenance, plumbing, electrical, carpentry, painting, and etc.

(z)

Rental of residence.

Residences may be rented for periods no less than one hundred eighty consecutive days.

Time-share periods of occupancy of less than one hundred eighty consecutive days are not permitted.

The renter and the property owner are responsible for compliance with all laws and regulations.

§ 9.02.005 Special considerations (restrictions apply to all zoning districts unless otherwise specified).

Portions of residences may not be offered for rent.

(Ordinance 056 Rev. 16, sec. IV, adopted 1/24/2023)

Conforming and nonconforming structures and uses.

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.

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.

Replat of lots.

See article 9.04.

(Ordinance 056 Rev. 16, sec. V, adopted 1/24/2023)

§ 9.02.006 Variances.

Procedure.

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.

Conditions required for variance:

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.

Findings.

The property owner must complete the variance documents and deliver them to the city prior to any public hearing.

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

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

That the granting of the variance will not have a negative effect on the surrounding properties; and

That granting the variance constitutes a minimal departure from this article; and

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.

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.

Findings of undue hardship.

In order to grant a variance, the BOA must make written findings that an undue hardship exists using the following criteria:

The literal enforcement of this article will create an unnecessary hardship or practical difficulty in the development of the affected property; and

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same area; and

That the relief sought will not injure the permitted use of adjacent conforming properties; and

No variance may be granted which results in undue hardship to the neighboring properties.

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.

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.

§ 9.02.007 Severability (restrictions apply to all zoning districts unless otherwise specified).

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)

§ 9.02.008 Penalty for violation (restrictions apply to all zoning districts unless otherwise specified).

See article 1.03.