Burnet City Zoning Code

ARTICLE II

- ZONING DISTRICTS AND REGULATIONS

Sec. 118-20. - General requirements and limitations.

(a)

Conformity to zoning district required. No building shall be erected and no existing buildings 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 district in which the building, land or premises is located; provided, however, that necessary structural repairs may be made where health and safety are endangered. Furthermore, no open space surrounding any building shall be encroached upon by a structure or reduced in any manner, unless the same shall conform to the regulations hereinafter designated for the district in which such building or open space is located.

(b)

Signs and billboards. No sign or billboard shall be erected, moved, altered, added to, enlarged, painted, or modified unless it shall conform to the provisions of this chapter and all applicable city ordinances governing the placement, location, permitting, construction and maintenance of signs. Except as otherwise expressly authorized by ordinance, all off-premise signs and billboards are expressly prohibited.

(c)

Structures and buildings. No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with all applicable city codes and ordinances, and such work and structure shall:

(1)

Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.

(2)

Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:

The height limits prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, flag poles, and necessary mechanical appurtenances. The height limits and other applicable regulations for television, radio and communications towers and antennas may be established by separate ordinance.

Public or semi-public service buildings, hospitals, institutions or schools, churches and other places of worship where permitted, may be erected to a height not exceeding 40 feet when each of the required yards is increased by one foot for each two feet of additional building height above the height limits for the district in which the building is located.

(d)

Accessory structures and uses. Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this chapter and all other applicable city ordinances, are permitted in each zoning district.

(e)

Conformity to construction plan requirements. No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless construction plans meeting the requirements of this chapter have been approved by the city engineer and/or city building official.

(f)

Conformity to parking and loading space requirements. No structure or building shall be erected, converted, enlarged, reconstructed or structurally altered unless it shall conform to the off-street parking and loading requirements of this chapter.

(g)

Conformity to landscaping and screening requirements. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered unless it shall conform to the landscaping and screening requirements of this chapter.

(h)

Conformity to building setback requirements. No yard or other open space provided around any structure or building for the purpose of complying with provisions of this section shall be considered as providing a yard or open space for a building on any other lot.

(i)

Outdoor lighting. All outdoor lighting shall be installed and maintained in compliance with all applicable city ordinances. Such lighting shall be located and maintained in a manner as to not be directed onto any public street or adjacent property; provided that such lighting may be directed directly down upon a public street as provided for street lights.

(1)

Multi-family, commercial and industrial. Outdoor lighting for multi-family, general retail, commercial and office will be in accordance with the provisions of this chapter and the city building codes. A lighting plan shall be included with the site plan submitted for a building permit.

(2)

Residential. Outdoor lighting on residential property will be installed in accordance with applicable city ordinances. It will be located so as not to be directed directly upon adjoining property or create a nuisance for adjoining property owners. Lighting used for security purposes, which will be operated during night hours will be located as close as is practicable to main dwellings.

(j)

Height and placement requirements. Except as otherwise specifically provided in this chapter, no building shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the height limits specified in the following Chart 1.

Chart 1

Zoning District	Front Yard Setback	Side Yard Setback	Street Side Yard Setback	Rear Yard Setback	Min. Lot S.F. Area	Min. Lot Width	Max. Height Limit
R-1	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	9,000 s.f.	75 ft.	35 ft.
R-1 E	30 ft.	15 ft.	15 ft.	15 ft.	1 acre	150 ft.	30 ft.
R-1-17	25 ft.	7½ ft.	15 ft.	15 ft.	9,000	75 ft.	30 ft.
R-1-10	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4E	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-3	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-3E	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-2	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-1-2E	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-2	25 ft. for two unit 30 ft. for three and four unit	10 ft.	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-2 A	25 ft. for two connected units 30 ft. for three or four connected units	10 ft. between structures	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-3	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R1	4,000 s.f. per unit	150 ft.	35 ft.
R-6	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
R-6-13	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
M-1	20 ft. for any road over 31 feet of pavement 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft. for structures over 1,500 s.f. 30 ft. for structures under 1,500 s.f.
M-2	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R-1	4,000 s.f. per unit	150 ft.	35 ft.
OS	25 ft.	10 ft.	15 ft.	25 ft.	7,500 s.f.	60 ft.	35 ft.
A	25 ft.	25 ft.	15 ft.	25 ft.	2 Acres	150 ft.	35 ft.
Gov	25 ft.	15 ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
NC	20 ft. on roads with 31 ft. of pavement 25 ft. on roads of less than 31 feet.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
C-1	50 ft.	15 ft.	15 ft.	15 ft.	10,000 s.f.	50 ft.	55 ft.
C-2	50 ft.	15 ft.	20 ft.	15 ft.	10,000 s.f.	60 ft.	55 ft.
C-3	50 ft.	15 ft. for single tenant 25 ft. for multi-tenant	20 ft.	15 ft.	15,000 s.f.	60 ft. for single tenant 100 ft. for multi-tenant	55 ft.
I-1	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	50 ft.	60 ft.
I-2	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	60 ft.	60 ft.
PUD	n/a	n/a	n/a	n/a	n/a	n/a	n/a

Footnote 1: For corner lots, there will be a front yard, a street side yard, and two side yards for setback purposes. Corner lots will have no rear yard setback. This will provide equity for all property owners within like zoning districts.

(k)

Setbacks along certain highways, roads and Hamilton Creek Park. There is hereby established a setback line for new construction as follows:

(1)

All portions of U.S. Highway 281, State Highway 29 and Ranch Road 963 shall have a setback line of at least 25 feet from the property line.

(2)

Hamilton Creek Park, all property adjacent to Hamilton Creek Park shall have a 65-foot setback from the centerline of the creek or 15 feet from the back property line that is adjacent to Hamilton Creek Park, whichever is greater.

(l)

Lot coverage. The maximum percentage of lot area which may hereafter be covered by the main building(s) and all accessory buildings shall not exceed that set forth in the following Chart 2. In the following zoning districts, the maximum building lot coverage must conform to the following schedule:

Chart 2

District	Coverage Main Buildings and all Accessory Buildings
OS, A, R1 E	10%
R1, R2, R-2, R-6, R-6-13, R-1-17, R-1-10, R-1-4, R-1-4E, R-1-3, R-1-3E, R-1-2, R-1-2E, A, NC, M1	40%
M-2, C-1, C-2, G	50%
C-3, I-1, I-2	60%
PUD	N/A

Open off-street parking and loading areas will not be considered as lot coverage under this subsection.

(m)

Parking. No vehicle, trailer, boat, recreational vehicle, or major recreational equipment shall be parked or stored in any location not approved for such use, either permanently or temporarily, except that it shall be enclosed in a building or parked on a durably improved surface, including, but not limited to: asphalt, concrete, paving stones, granite gravel, road base, caliche, railroad ballast, or other similar material, as determined by the city manager or his or her designee. Such durably improved surface shall be large enough that the entire vehicle, trailer, boat, recreational vehicle, or major recreational equipment sits completely within the outer limits of the durably improved surface. Inoperable vehicles, trailers, boats, and recreational vehicles shall be parked or stored only in a completely enclosed building or garage.

(1)

Parking regulations. Where any structure is erected, reconstructed or the use is changed for any of the residential or commercial uses permitted in this chapter, designated off-street parking spaces shall be provided in a number not less than as provided in Chart 3 set forth hereinafter. Parking spaces shall meet the requirements of (m) above and, with the exception of residential parking spaces, shall be striped to delineate each space. The dimensions of a standard parking space shall be at least nine feet in width and at least 18½ feet in length. Parallel parking spaces shall be at least eight feet in width and 23 feet in length.

(2)

Handicap parking. Handicap parking shall be provided in accordance with the stricter of state or federal law or local ordinance. Nonresidential handicap parking requirements are a minimum of one space for under 25 parking spaces, then one additional space for over 25 parking spaces up to 50 spaces, and then one space per 50 spaces up to 500. Over 500, it is one percent of total parking spaces. Dimensional requirements, location and design of handicapped parking spaces shall be as required by ordinance or state and federal law. Each handicap parking space shall be marked in a manner approved by the Texas Accessibility Standards.

(3)

Maximum parking. The maximum number of parking spaces for a commercial or industrial use area shall not exceed 150 percent of the parking required pursuant to Chart 3.

(4)

Reduction of parking. The total number of required motor vehicle parking spaces for a nonresidential use may be reduced by five percent for each of the activities listed below provided by the owners or operators, up to a maximum ten percent reduction in the total number of motor vehicle spaces:

Participates in an area wide carpool/vanpool ride matching program for employees; designating at least ten percent of the employee motor vehicle parking spaces as carpool/vanpool parking and placing such spaces closer to the building than other employee parking;

Providing showers and lockers for employees who commute by bicycle;

Providing covered, secured bicycle parking racks or facilities;

Providing a transit facility that is approved by the local transit authority, and related amenities. Related amenities include, but are not limited to, a public plaza, pedestrian sitting areas, and additional landscaping;

Buildings that are located within a locally designated historic district and those designated as historic places may be reviewed by the city historic preservation commission for a waiver or reduction of required parking in consultation with the building official.

(5)

Development and maintenance standards for parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

Off-street parking areas for more than five vehicles and loading areas shall be effectively screened by a privacy fence, hedge or planting, on each side which adjoins a residential use or property situated in a residential area other than R-3 or apartment zoning.

Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.

Access aisles shall be of sufficient width for vehicular turning and maneuvering.

(6)

Council determination. Off-street and on-street parking for all uses not within the categories above shall be adequate to meet the anticipated needs and shall be determined by the city council using standards outlined for special exception and with a view towards providing adequate parking and carrying out the general scheme of the parking requirements herein set out.

Special exception. The city council may grant a special exception to allow two or more uses to share parking spaces upon a showing that the particular uses in question will require parking at different times. Any spaces the council allows to be shared count toward the number of spaces each use must provide. Accessible parking spaces may not be joint use and must be located on the same parcel as the building or use which they are required to serve.

Chart 3*

Use	Number of Parking Spaces
Residential dwellings, single to multi-family, and manufactured homes	Two spaces minimum for each living unit up to two bedrooms; Plus one additional parking space per two additional bedrooms (i.e. three and four bedrooms—one additional parking space)
Warehouses, manufacturing plants and other similar commercial/industrial establishments not catering to the general public.	One space per 1,000 square feet of gross floor area
Hotels, motels and similar transient accommodations	One space per bedroom and one space for each two employees
Rest homes, hospitals, nursing homes, convalescent homes, sanitariums, and similar uses.	One space for each two employees, and one space for each four patient beds
Cafes, restaurants, taverns/bars, nightclubs, churches, auditoriums and other similar enclosed places of assembly.	One space for every four seats provided for customer services
Food sales, food and beverage sales, convenience stores, truck stops and similar uses.	One space for each 200 square feet of gross floor area
Banks, offices, financial lending institutions, gasoline stations, personal service shops, retail establishments, shopping centers and similar uses catering to the general public.	One space for each 250 square feet of gross floor area

* Any use providing a drive-thru to customers, must additionally provide a 90-foot concrete or asphalt driveway.

(n)

Uses noncumulative. Uses within each district are restricted solely to those uses expressly permitted in each district, and are not cumulative unless so stated.

(o)

Exceptions. Nothing in this section shall prohibit the approval of a comprehensive zero lot line residential development or other innovative housing development in compliance with the other terms and provisions of this chapter.

(p)

Mandated exceptions. To the extent required by state or federal law, a personal care facility is an additional permitted use in any zoning district; provided that:

(1)

Homes and residential units not designated and constructed in compliance with the ordinance and code requirements applicable to multiple occupancy residential buildings and nursing homes, shall meet the following requirements:

The structure shall comply with provisions of the fire code, electrical code and building code that are applicable to nursing homes;

There shall be two parking spaces, plus one additional space for each three residents;

There shall be not less than 70 square feet of living space within a sleeping room for each occupant assigned to such room;

There shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and

The structure and operations shall comply with the standards established by the state department of human services as licensing standards for personal care facilities for a type B facility.

(2)

The home must meet all applicable state licensing requirements;

(3)

A personal care facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six residents during waking hours;

(4)

A personal care facility may not have more than 15 residents.

(q)

Small lot development special exception. The intent of this section is to recognize existing legally platted lots for the purpose of developing without a "variance" to the requirements of [this chapter]. Property owners that are restricted from developing a lot, legally platted prior to February 22 ^nd , 2005, ("platted lot") which does not meet one of the regulatory requirements of the currently adopted zoning regulations applicable to the platted lot may, through the small lot special exception process set forth below, make application for approval to develop with minor deviations.

(1)

Undeveloped legally platted lots create gaps in development when the zoning regulations applicable thereto and adopted after a legal plat was adopted unreasonably restrict development due to the lot as originally laid out and circumstances beyond the control of the property owner. The small lot development exception may for good cause shown be applied to:

An undeveloped platted lot that is legally nonconforming due to the dimensions of the approved platted lot being less than the zoning district regulations applicable thereto.

An undeveloped platted lot that is conforming in dimensional size for the zoning district regulations applicable thereto, but due to public infrastructure or utility infrastructure the property owner's development of the lot is inhibited or uniquely impacted for the immediate area by such location, encroachment or easement. While not all inclusive, circumstances not caused by the property owner may be as a result of public roadways constructed outside of the dedicated right-of-way, eminent domain or purchase under threat of eminent domain, unused but dedicated easements, location of utilities infrastructure within an easement or other similar hindrances benefiting a political subdivision or utility.

(2)

Under no circumstances shall the planning and zoning commission consider a request for a reduction to the side or rear yard area setbacks which would create a violation of the regulatory requirements of the adopted fire code and front yard setbacks shall not be less than ten feet.

(3)

The planning and zoning commission may take into consideration a request for a special exception when the buildable area of the platted lot, to the extent only that lots qualifying under subsection (q)(1) above, could not reasonably be developed with the strict application of zoning district regulations.

(4)

Adjoining platted lots owned by the same person may be combined into one building site through the filing of an amended plat or document to be filed in the public records joining the two lots in one building site, only if there are no easements or other similar burdens on one or both lots requiring release or abandonment thereof prior to development.

(5)

Application may be made to the planning and zoning commission for their review and recommendation to the city council. The planning and zoning commission may recommend approval, denial or modifications of application and shall recommend denial to any portion of the application not resulting from a condition set forth in subsection (q)(1) above.

(6)

The planning and zoning commission shall consider the adjoining lot uses, the established building line on the block and other pertinent factors in making a recommendation concerning the application. Applications for consideration of a special exception will adhere to the following notification procedures:

Property owners located within 200 feet of the subject property will be notified of the application and given the opportunity to express their concerns.

Notification to property owners will be mailed no later than ten days prior to the scheduled public hearing.

(7)

A small lot special exception is a site development accommodation for a qualifying small lot to develop the site in strict compliance with an approved plan for development. A small lot exception shall not be a "variance" to [this chapter] rather the small lot special exception process is to incentivize in-fill or redevelopment of areas of the city platted in a manner not consistent with the applicable use regulations.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-16, § 3, 5-28-19; Ord. No. 2019-17, § 2, 9-24-19; Ord. No. 2020-13, § 1, 6-9-20; Ord. No. 2022-15, §§ 1, 2, 2-22-22; Ord. No. 2023-17, §§ 1, 2, 6-27-23; Ord. No. 2024-51, § 1, 12-10-24; Ord. No. 2025-12, §§ 1, 2, 3-11-25)

Sec. 118-21. - Establishment of zoning districts.

(a)

The city is hereby divided into 15 zoning districts, the use, height and area regulations as set out herein shall be uniform in each district. The 15 districts established shall be known as:

Abbreviated Designation	Zoning District Name
A	Agricultural
NC	Neighborhood Commercial
C-1	Light Commercial
C-2	Medium Commercial
C-3	Heavy Commercial
G	Government/Public Institutional
I-1	Industrial
I-2	Heavy Industrial
M-1	Manufactured Single Family Housing
M-2	Manufactured Housing Subdivision
OS	Open Space
PUD	Planned Unit Development
R-1	Single Family Residential
R-1	E Single Family Estate
R-1-17	Single-family residential — District "R-1-17"
R-1-10	Single-family residential — District "R-1-10"
R-1-4	Single-family residential — District "R-1-4"
R-1-4E	Single-family residential — District "R-1-4E"
R-1-3	Single-family residential — District "R-1-3"
R-1-3E	Single-family residential — District "R-1-3E"
R-1-2	Single-family residential — District "R-1-2"
R-1-2E	Single-family residential — District "R-1-2E"
R-2	Duplex
R-2A	Townhomes
R-3	Multi-Family Residential
R-6	Single-Family Residential—District "R-6"
R-6-13	Single-Family Residential—District "R-6-13"

(b)

Zoning map. The location and boundaries of the districts herein established are shown upon the zoning map, which is hereby incorporated and made a part of this chapter; provided that such uses as listed but not shown on the zoning map are provided for future growth and use upon amendment of the comprehensive plan. The city building official maintains the zoning map together with all notations, references and other information shown thereon and all amendments thereto.

(c)

District boundaries. Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines of right-of-way lines of highways such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said zoning map.

(4)

In subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(5)

If a district boundary line divides a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

(6)

Whenever any street, alley or other public way is vacated by the city council, the zoning district shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the districts as extended.

(7)

Where the streets on the ground differ from the streets shown on the zoning map, those on the ground shall control.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, § 3, 2-22-22; Ord. No. 2023-17, § 3, 6-27-23; Ord. No. 2025-12, § 3, 3-11-25)

Sec. 118-22. - Zoning of annexed areas.

(a)

Interim zoning district. All territory hereafter annexed to the city shall be automatically classified as residential district "R-1 E" Single-Family Estate, pending subsequent action by the commission and council for permanent zoning; provided that upon application, by either the city or the property owner of the land being annexed, for zoning other than agricultural, notice may be given and hearings held in compliance with V.T.C.A. Local Government Code Chapter 211 and, upon annexation, such property may be permanently zoned as determined by the city council after considering the commission's recommendation.

(b)

Permits in interim zoned areas. In an area temporarily classified as residential district "R-1 E" Single-Family Estate, no permits for the construction of a building or use of land other than uses allowed in said district under this chapter shall be issued by the city building official nor shall any subdivision plat be approved under chapter 98 for any other lot dimensions than the dimensions authorized in the residential district "R-1 E" Single-Family Estate.

(Ord. No. 2012-06, § 3(Exh. A), 2-28-12; Ord. No. 2022-49, § 1, 12-13-22)

Sec. 118-23. - Agricultural district—District "A".

The agricultural district is intended to be used principally for agriculture and those other related uses that are an integral part of the agricultural operation. This district is intended to preserve the larger tracts of land for future economic development in accordance with the master plan, while in the interim, permitting agricultural uses on the land to continue. A building or premise shall be used only for the following purposes:

(a)

Single family dwellings.

(b)

Manufactured homes, M-1, in accordance with this chapter.

(c)

Farms accessory buildings, garden, orchard, plant nurseries and truck gardens each limited to the propagation and cultivation of plants, provided no retail or wholesale business is conducted on the premises.

(d)

Ranches, dairy farms, stables, riding academies and roping arenas; including the feeding, raising and breeding of agricultural livestock; however, with exception of commercial feed lots; provided that no poultry or livestock other than household pets shall be housed within 50 feet of any property line.

(e)

Parks, playgrounds, community buildings and other public recreational facilities that principally retain the original natural state of the land; owned and/or operated by the municipality or other governmental entity.

(f)

Water supply reservoirs and pumping plants when screened from public view.

(g)

Accessory buildings and uses as follows:

(1)

Residential.

The term accessory use shall include customary home occupations such as the office of a milliner, dressmaker, family home, musician or artist, provided that such uses are located in the dwelling used by such a person as his or her private residence, and provided that no assistant not a member of the family residing on the premises is employed, and no window display or sign is used to advertise the same.

A private garage with or without storeroom and/or utility room shall be permitted as an accessory building. A garage or servant's quarters constructed as an integral part of the main building shall be subject to the regulations affecting the main building.

(2)

Agricultural.

Accessory buildings, structures or uses which are in addition to and directly associated with any permitted use, including burning brush from various agricultural operations on farm or ranch land to the extent permitted by state law.

Solar collector and/or wind generator designed to supply energy for use on the premises.

(h)

Conditions and limitations.

(1)

Height limit.

Residential. No residential or related structure in this district shall exceed 35 feet or two and one-half stories in height.

Agricultural. No agricultural or related structure in this district shall exceed 60 feet in height, excluding silos and similar appurtenances that are exempt from this chapter.

(2)

See Chart 1.

(3)

Density. One residence may be constructed or placed on a parcel of land for each 25 acres of land in this district.

(4)

See Chart 2.

(5)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-25. - Single-family residential—District "R-1" and District "R-6".

(a)

Purpose and permitted uses. Single-family residential District "R-1" and District "R-6" permits detached single-family dwellings with a minimum living area and minimum lot size as follows:

Table 118-25(1)

Single-family residential—District	Minimum living area:	Minimum lot size:
"R-1"	1,350 square feet	9,000 square feet
"R-1-17"	1,750 square feet	9,000 square feet
"R-1-10"	1,350 square feet	10,890 square feet (¼ acre)
"R-1-4"	1,750 square feet	10,890 square feet (¼ acre)
"R-1-4E"	2,000 square feet	10,890 square feet (¼ acre)
"R-1-3"	1,750 square feet	14,520 square feet (⅓ acre)
"R-1-3E"	2,000 square feet	14,520 square feet (⅓ acre)
"R-1-2"	1,750 square feet	21,780 square feet (½ acre)
"R-1-2E"	2,000 square feet	21,780 square feet ($frac12; acre)
"R-1E"	2,100 square feet	43,560 square feet (1 acre)
"R-6"	1,100 square feet	7,600 square feet
"R-6-13"	1,350 square feet	7,600 square feet

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

Real estate sales offices during the development of a residential subdivision but not to exceed two years. Display dwellings with sales offices, provided that if said display dwellings are not moved are converted to a permitted use within a period of one year, specific permission must be obtained from the city council for said display houses to remain.

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

Accessory structures and their uses customarily incidental to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise. Such structures will be required to receive a conditional use permit and must be in architectural harmony with the main structure.

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

A billboard, signboard, or advertising sign shall not be permitted as an accessory use; provided that the placing of and non-illuminated "For Sale" or "For Rent" sign not more than eight square feet in area may be permitted as an accessory use, and churches and other institutions may display signs showing names, activities and services therein provided, and that during construction of a structure or building one non-illuminated sign advertising contractors or architects on such premises shall be permitted provided that such sign shall not be more than eight square feet in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.

(4)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(5)

Home based occupation. Any homeowner wishing to engage in commercial endeavors within a residential structure may do so provided that:

The business has no employees other than immediate family.

The business shall be conducted entirely within the dwelling unit, as defined by this chapter, which is the bona fide residence of the practitioner(s).

The residential character of the lot and dwelling shall be maintained; the exterior of the dwelling shall not be structurally altered; and no additional buildings shall be added on the property to accommodate the business.

The business shall not produce external noise, vibration, smoke, odor, fumes, electrical interference, involve the storage of weapons or dangerous materials, or allow waste run-off outside the dwelling unit or on the property surrounding the dwelling.

No vehicle used in conjunction with the home occupation which exceeds the criteria outlined in section 106-3 of this Code, shall be parked on the property or on any street adjacent to the property.

No manufacturing requiring heavy equipment is performed.

(d)

Preexisting lots. Any single-family lot established by a subdivision plat recorded on or before February 22, 2022, that was in compliance with the single-family residential—District "R-1" lot dimensions in effect prior to that date but made nonconforming due to the adoption of new lot dimensions after that date shall be entitled to a city initiated zoning reclassification to single-family residential—District "R-6" and shall be considered a legally conforming lot, for all purposes, until such zoning reclassification is final.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, §§ 5, 6, 2-22-22; Ord. No. 2022-35, § 1, 7-26-22; Ord. No. 2023-17, § 4, 6-27-23; Ord. No. 2025-12, § 4, 3-11-25)

Sec. 118-26. - Single-family residential estate—District "R-1 E".

(a)

Purpose and permitted uses. Permits detached single family dwellings with a minimum of 2,100 square feet of living area on a minimum lot size of one acre.

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise. Such structures will be required to receive a conditional use permit and must be in architectural harmony with the main structure.

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)—(5)

Reserved.

(6)

(7)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(8)

Common walkways will be required in place of sidewalks.

(d)

Site development regulations.

(1)

Development of any use permitted in the "R-1 E" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-48, § 1, 12-13-22)

Sec. 118-27. - Duplex—District "R-2".

(a)

Purpose and permitted uses. Allows detached single-family residences, duplexes, three and four unit residences with a minimum of 900 square feet per unit of living area and permitted accessory structures on a minimum lot size of 4,500 square feet per unit.

(b)

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

(c)

Conditions and limitations. See subsection 118-25(c) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-28. - Townhomes—District "R-2 A".

(a)

Purpose and permitted uses. Allows two-, three- and four-unit townhouses with a minimum of 900 square feet per unit of living area and permitted accessory structures on a minimum lot size of 4,500 square feet per unit. Units in this district will become a townhouse as that term is defined herein.

[b]

Applicability. This section applies to:

(1)

One unit of a two-, three-, or four-unit townhouse, as a result of which the ownership of the units sharing a common wall will be divided but the residential lot on which the unit is located will be jointly held by the owners as joint tenants or tenants in common; or

(2)

One unit of a two-, three-, or four-unit townhouse, as a result of which the ownership of the units sharing the common wall and the lot on which the units are located is divided; or

(3)

One unit of a townhouse.

[c]

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

[d]

Conditions and limitations.

(1)

See subsection 118-25(c) of this chapter.

(2)

Prior to the sale or transfer or ownership of one or more units of a townhouse under this section, the transferor must submit a declaration of easements, covenants and restrictions ("declaration of easements") for approval by the city's planning and zoning commission and city council as provided for herein. The declaration of easements, shall meet the following requirements:

The declaration of easements shall set out the private easements, agreements, and respective responsibilities of the transferor and transferee with respect to the joint use and maintenance of common structural elements, utility systems, driveways, parking areas, fences, and yards and such other easements, covenants and restrictions considered necessary or desirable by the parties. Townhomes constructed under this section shall be built in compliance with all federal, state, and local regulations. When lots are platted or in other ways created, adequate easements for structural overhang and structural maintenance shall be dedicated on those lots wherein a zero side yard is adjacent to the lot being platted or created. Each adjacent lot shall provide a roof eave and access easement, a minimum of five feet in width, adjacent to the zero setback side to allow the property owner access for maintenance of the dwelling. The roof eave may encroach 16 inches into the easement. A gutter and down spout shall be required along the zero setback side to ensure drainage is handled on the owner's property and said gutter system is not included in the calculation of the eave encroachment.

Upon approval by the planning and zoning commission and the city council, the declaration of easements shall be recorded in the real property records of Burnet County, Texas.

Prior to the sale or transfer of ownership of one dwelling unit of a townhome, the utilities for each unit must be individually metered.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-35. - Multi-family residential—District "R-3".

(a)

Permitted uses. Attached single family structures with a minimum of 500 square feet of living area and permitted accessory structures generally known as apartments, with buildings not exceeding three stories.

(b)

Conditions and limitations.

(1)

More than one building or structure may be located upon a lot.

(2)

All buildings and structures shall be separated by a minimum horizontal distance of ten feet or meet the separation requirements of the adopted fire code.

(3)

Recreation open space. A park land dedication fee of $200.00 per dwelling unit shall be required prior to issuance of a building permit. Provided however, council may, at its discretion, allow on-site recreational dedication at one acre per 100 dwelling units, or five percent of the total site area subject to the following:

Such recreational open space shall be located or arranged so as to function as a recreational area and be uniformly beneficial to all of the dwelling units in the project or development; and

Open space required to separate structures shall not be considered to be a part of the required recreational open space.

(4)

Parking.

There shall be a minimum five-foot setback from the rear most wall of any garage, and from the curb line of any parking area, to the nearest property line.

Private garages and covered parking, if any, may be attached or detached.

A minimum of two off-street parking spaces shall be provided for each living unit. All off-street parking and driveways shall be improved with all weather asphalt, concrete, or paving stones, and curb and gutter.

(5)

Driveways.

All ingress and egress must be located on major collectors or arterials as designated in the comprehensive plan.

Ingress and egress shall be through driveways designed to convey residents, visitors and staff of the apartment over a common driveway.

There shall be no head-in parking on any public collector or arterial streets abutting the lot.

(6)

The commission and the council may consider number of units proposed, the availability of mass-transit and the impact the development may have on existing traffic patterns, with respect to any application for multi-family zoning.

(7)

See Chart 1.

(8)

See Chart 3.

(c)

Site development regulations. The following site development regulations shall be applicable to apartment buildings and property zoned multi-family residential, district "R-3":

(1)

Maximum dwelling units per acre: 20 units.

(2)

Minimum lot size shall be 10,000 square feet for a multi-family project.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-07, § 1, 2-22-22)

Sec. 118-36. - Open space—District "OS".

(a)

An open space district is a tract of land provided as a general benefit for the community. Common open space must be usable for recreational purposes or must provide visual, aesthetic and environmental amenities. The uses authorized for the common open space should be appropriate to the scale and character of the surrounding development considering its size, density, expected population, topography, and the number and type of dwellings to be provided. As a minimum, the total open space shall not be less than required for parks in the subdivision ordinance. Common open space should be improved for its intended use, but open space containing natural features worthy of preservation may be left unimproved. Any buildings, structures and improvements to be located in the common open space must be appropriate to the uses which are intended therefore, and must conserve and enhance the amenities of the common open space having regard to its topography and the intended function of the common open space.

(b)

The uses permitted for this district are:

(1)

Cemeteries.

(2)

Conservation areas.

(3)

Golf courses.

(4)

Outdoor recreational and athletic facilities.

(5)

Outdoor swimming pools.

(6)

POA neighborhood parks, common open space, common open area, playgrounds and play fields.

(7)

Wildlife sanctuaries.

(c)

Permitted secondary uses are as follows:

(1)

Club houses and community centers.

(2)

Retail-oriented uses which are clearly secondary and customarily or necessarily incidental to the permitted use including but not necessarily limited to the following:

Retail sales and services operated as part of a golf course, recreational or athletic facility.

Retail sales and services sponsored by service clubs, non-profit societies or organizations and concessions contracted with the city.

Food and beverage sales, including alcoholic beverages (with a conditional use permit) to members only.

Restaurants including alcoholic beverage sales which are operated as part of or in conjunction with a club house facility for members only.

(3)

Caretaker residence.

(4)

Maintenance buildings required to house equipment and material to maintain the site.

(5)

See Chart 1.

(6)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-38. - Manufactured home—District "M-1".

(a)

Purpose and permitted uses. Manufactured homes. Permits detached single-family manufactured homes and single family detached dwellings with a minimum of 1,100 square feet of living area, and related accessory structures, on a minimum lot size of 7,600 square foot.

(b)

Conditions and limitations.

(1)

Manufactured homes must have a minimum of 1,100 square feet of living area.

(2)

Manufactured homes must be skirted within 90 days from date installed and prior to a certificate of occupancy being issued.

(3)

Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.

(4)

See Chart 1.

(5)

See Chart 3.

(c)

Authorized in specified areas. No manufactured home may be located in any district other than "M1" or "M-2" district only.

(d)

Standards. The installation, occupancy and maintenance of manufactured homes in the "M" district shall be subject to the following provisions.

(1)

No outside horizontal dimension shall be less than 14 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.

(2)

The exterior siding material, excluding skirting, shall be nonmetallic.

(3)

The structures shall be of adequate quality and safe design, as certified by a label stating that the unit is constructed in conformance with the Federal Mobile Home Construction and Safety Standards in effect on the date of manufacture, or other such applicable standards as required by state or federal law. Any such structure without such certification, but meeting all other requirements, may be accepted as safe and quality construction provided it meets the following criteria:

All electrical material, devices, appliances and equipment are in sound and safe condition. Aluminum conductors are not acceptable unless installed by the manufacturer.

All mechanical systems including space and water heating, are in sound and safe condition.

All plumbing, gas piping and wastewater systems are in sound and safe condition.

The unit is in sound and safe structural condition. Uncompressed finish floorings greater than ⅛-inch in thickness beneath load-bearing walls that are fastened to the floor structure are not acceptable. Any such structure that shows signs of fire damage will not be acceptable.

The determination of the foregoing acceptance of any non-certified unit shall be made by the building official and/or the fire marshall.

(4)

Manufactured homes shall be installed and inspected in accordance with the following criteria:

By a person licensed by or contracting with the state department of housing and community affairs manufactured housing division in compliance with state law.

Axle and hitch assemblies shall be removed at the time of placement on the foundation.

Each manufactured home shall be totally skirted with metal, masonry, pressure-treated wood, or other non-degradable material which is compatible with the design and exterior materials of the primary structure. Skirting material shall be permanently attached and able to withstand designed load and wind requirements.

Electrical power supply shall be from a meter attached to a power-pole on the property, or from a permanent meter pedestal.

Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings and the parking requirements of this chapter.

Garage and carport additions are permitted, provided they cover a paved parking area and are connected to a street by a paved drive, meet the minimum building setback requirements, and have roof and siding material compatible with the primary structure.

Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.

Living area additions are permitted, provided they meet the minimum building setback requirements, have roof and siding material that is compatible with the primary structure, and comply with all applicable building codes.

All accessory structures and additions shall comply with all applicable city ordinances.

(e)

Site development regulations. The average depth of the lot shall not be less than 120 feet, except a corner lot, having a minimum width of not less than 90 feet may have an average depth of less than 120 feet provided that the minimum depth is no less than 90 feet.

(1)

Development of any use permitted in the "M-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-40. - Manufactured home park—District "M-2".

(a)

Purpose and permitted uses. Property and areas of the city zoned "M-2" may be planned, used, approved, platted and occupied as a manufactured home park with lots held under common ownership and rented or leased to individual tenant occupants. Land and areas of the city zoned "M-2" and having an approved subdivision plat may be used for manufactured homes having a minimum of 1,100 square feet of living area.

(b)

Additional permitted uses.

(1)

One manufactured home on each approved space or lot.

(2)

Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.

(3)

Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the manufactured home park.

(4)

Accessory buildings for use by the owner or manager of the mobile home park.

(5)

One single-family dwelling unit on a 6,000 square foot or larger lot for use as the owner's or manager's residence.

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

Design requirements. A development designed as a manufactured home park shall meet all requirements of the manufactured home park ordinance of the city and all requirements of the city subdivision ordinance. The development shall include amenities and be designed for the explicit purpose of renting or leasing of sites and shall not be construed to permit the sale of such spaces or lots.

(4)

Conversion. At no time may a manufactured home park be converted to a manufactured home subdivision without first complying with all requirements of the city subdivision ordinance then in effect, receiving approval by the city council, and being rezoned to M-1.

(5)

Thru traffic. No through traffic shall be permitted in a manufactured home park.

(6)

Perimeter fence. A perimeter privacy fence shall be required, unless otherwise approved by the commission.

(d)

Standards. The installation, occupancy and maintenance of manufactured homes in the "M-2" district shall be subject to the following provisions: See subsection 118-38(d) of this chapter; provided that the addition of garages, carports and additional living area is not permitted.

(e)

Site development regulations. See subsection 118-38(e) of this chapter;

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-43. - "G" government and public institutional district.

(a)

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 "G" district generate a large amount of traffic. Only land abutting a major street that can be used for access shall be considered appropriate for "G" classification. An appropriate site should also contain adequate space for required off-street parking and buffering.

(b)

Permitted uses.

(1)

Facilities owned and operated by the federal government, the state or political subdivisions thereof, including public grounds;

(2)

Fire station and safety services;

(3)

Hospital services, hospital (acute and chronic care) and sanitariums;

(4)

Schools, public, denominational, kindergarten and pre-school, college, university, dormitory and group student housing;

(5)

Uses required by public utilities, railroad spur and tracts, and public transportation services;

(6)

Public athletic fields, stadium, sports facilities, playgrounds, neighborhood park, greenbelt, recreational centers, community centers and swimming pools;

(7)

Churches, rectory and places of worship; and

(8)

Accessory uses customarily incidental to any of the foregoing permitted uses.

(c)

Conditional uses permitted upon authorization of city council.

(1)

Cemeteries.

(2)

Cultural services.

(3)

Halfway house and institution for the care of substance dependent persons.

(4)

Non-profit institutions or non-profit social clubs providing a charitable or philanthropic beneficial community service are permitted with a conditional use permit first being obtained; not including any jail, penal or mental institution.

(5)

Public zoo.

(d)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-44. - Neighborhood commercial—District "NC".

(a)

This district allows for a variety of commercial uses that will serve as a transitional zone between residential and less intense commercial uses. Permitted uses will be those of a less intense nature that will aesthetically blend with the residential character of the area while permitting commercial enterprises. These uses will include accountants, barber or beauty shops, and the following:

(1)

Parks and playgrounds.

(2)

Community residential facilities with eight or fewer persons.

(3)

Day-care homes with 12 or fewer children.

(4)

Single-family dwellings.

(5)

Residential accessory buildings and uses.

(6)

Churches and temples.

(7)

Credit union offices.

(8)

Doctor or dental offices.

(9)

Bed and breakfast.

(10)

Fire stations.

(11)

Libraries.

(12)

Public and private schools and colleges.

(13)

Duplexes.

(14)

Triplex and four-plex multifamily.

(15)

Convents and monasteries.

(16)

Small insurance offices.

(17)

Lawyer's offices.

(18)

Optician or optometrist offices.

(19)

Public parking areas.

(20)

Real estate offices.

(21)

(b)

Conditions and limitations.

(1)

That "NC" activity is conducted primarily within an enclosed building.

(2)

That required yards and outdoor areas not be utilized to display, sell vehicles, equipment, containers or waste material, save and except for the screened dumpster area.

(3)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisances; and that, excluding that caused by customer and employee vehicles, such odors, smoke, dust, noise or vibration be generally contained within the property boundaries.

(4)

Signs or any other type advertising must be on the same lot as the business establishment to which it refers and shall not be placed within any required yard or within 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 and any other applicable ordinance of the city.

(5)

Establishments located on property that is within 300 feet of any property zoned for a residential use when the commercial use is first established may not be open to the general public before 6:00 a.m. and must be closed to the general public by 9:00 p.m.

(6)

See Chart 1 for a table of specific district setback requirements.

(7)

See Chart 2 for lot coverage criteria for structures.

(8)

See Chart 3 for specific parking space requirements.

(c)

Site development regulations.

(1)

Development of any use permitted in the "NC" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas shall be required.

(3)

Screening of all loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-45. - Light commercial—District "C-1".

(a)

Purpose and permitted uses. This district allows a mix of commercial uses including, retail, office, light commercial, and similar uses excluding residential and multifamily. This district allows the retail sale of goods and products (in the following listed use areas) to which value has been added onsite, including those uses permitted in the "NC" neighborhood commercial district (except single-family dwellings, residential accessory buildings and uses, duplex, triplex, and fourplex or multi-family uses), sales of goods and services outside of the primary structure as customary with the uses specifically listed, and the following:

(1)

Bakeries with goods primarily prepared for in-store retail sales on site, with no drive-thru service.

(2)

Banks, savings and loans, credit unions and financial services.

(3)

Business and commercial schools.

(4)

Convenience store, retail food store, grocery stores and supermarkets (including gasoline and/or alcohol sales with a conditional use permit).

(5)

Packaging of honey, herbs, spices and peppers produced in the region; limited to small business operations having less than 5,000 square feet of enclosed building area and not more than five employees onsite.

(6)

Personal service uses including barber shops, beauty parlors, photographic or artist studios, messengers, newspaper or telegraphic agencies, dry cleaning and pressing substations, dressmaking, tailoring, shoe repairing, repair of household appliances, electronics and bicycles, catering and other personal service uses of similar character.

(7)

Pet stores.

(8)

Professional services including architecture, legal services, psychological, real estate, consulting and other services deemed similar in nature by the council.

(9)

Public utilities substations.

(10)

Restaurant, café or cafeteria, drive-in eating establishment.

(11)

Telephone exchange, postal facilities and communication service.

(12)

(13)

The sale of alcoholic beverages in the Light Commercial - District C-1 for on, or off premise consumption, as permitted, or conditionally permitted, in Table 118-50(1) (entitled "Sale of Alcoholic Beverages").

(b)

Uses permitted with conditional use permit. Uses listed in this section may be permitted in the Light Commercial—District C-1 zoning district if first granted a conditional use permit obtained in accordance with the provisions of section 118-64.

(1)

Carwash.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2014-15, § 2, 7-22-14; Ord. No. 2019-17, § 3, 9-24-19; Ord. No. 2021-13, § 1, 5-11-21; Ord. No. 2021-47, § 1, 1-11-22; Ord. No. 2024-52, §§ 1, 2, 12-10-24)

Sec. 118-46. - Medium commercial—District "C-2".

(a)

Purpose and permitted uses. This district allows the following commercial land uses in facilities under 20,000 square feet. The permitted uses include the following specific uses as well as those permitted in C-1:

(1)

Air conditioning and heating sales and services.

(2)

Amusement (indoor).

(3)

Amusement (outdoor) and swimming pool (commercial).

(4)

Automobile repair or retail service station and garage.

(5)

Automobile service station, gasoline station (full and limited), filling or retail service station.

(6)

Apartment hotel, assisted retirement living, boarding house, bed and breakfast, convalescent home, family home, home for the aged and group day care.

(7)

Bakeries with goods primarily prepared for in-store retail sales on site with drive-thru service.

(8)

Bonded warehouse and local wholesale distributors.

(9)

Carwash.

(10)

Child care center (small, intermediate and large) and child development facilities.

(11)

Cleaning or laundry self-service shop and cleaning shop or laundry (small).

(12)

Clinic and safety services.

(13)

Convenience stores, grocery stores and supermarkets (including the sale of gasoline).

(14)

Cultural services and community center (public and private).

(15)

Day camp.

(16)

Drive-in theaters.

(17)

Dancing and music academies.

(18)

Farm implement display and sales room.

(19)

Farms or truck gardens, limited to the propagation and cultivation of plants; provided that no poultry or livestock other than household pets shall be housed within 50 feet of any property line.

(20)

Florist shops, greenhouses and nurseries with outdoor service and display.

(21)

Golf course (commercial), playfield or stadium (public).

(22)

Hospital services, hospital (acute and chronic care) sanitariums, nursing homes, hospice and home for the aged.

(23)

Hotels, tourist homes, and motels.

(24)

Milk and bread distributing stations.

(25)

Parking lots and commercial garage.

(26)

Radio and television broadcasting stations and studios, excluding broadcasting towers.

(27)

Recycling collection use.

(28)

Sale of new automobile parts.

(29)

Shopping center.

(30)

Small animal clinic/veterinary services.

(31)

Heliport.

(32)

Taxi cab stations.

(33)

Upholstering shops.

(34)

Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that store and distribute goods and materials, and are in general dependent on raw materials refined elsewhere.

(35)

Wholesale sales establishments and warehouses.

(36)

Wholesale bakeries.

(37)

The sale of alcoholic beverages in the Medium Commercial - District C-2 for on, or off premise consumption, as permitted, or conditionally permitted, in Table 118-50(1) (entitled "Sale of Alcoholic Beverages").

(b)

Conditions and limitations.

(1)

That it be conducted primarily within an enclosed building or screened area, except for the customary outdoor activities for the specific uses listed.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance; and that such odors, smoke, dust, noise or vibration at the property line does not exceed the permitted levels established by ordinance.

(3)

Signs (advertising) must be on the same lot as the business establishments to which they refer and shall not be placed within 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 chapter and any other applicable ordinance of the city.

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-2" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-17, § 4, 9-24-19; Ord. No. 2021-13, § 2, 5-11-21; Ord. No. 2023-26, § 1, 7-12-23; Ord. No. 2024-52, §§ 3, 4, 12-10-24)

Editor's note— Ord. No. 2012-06, § 3(exh. A), adopted Feb. 28, 2012, enacted provisions intended for codification as §§ 118-45—118-50. To facilitate indexing, said provisions have been redesignated as §§ 118-46—118-51.

Sec. 118-47. - Heavy commercial—District "C-3".

(a)

Purpose and permitted uses. This district is intended to provide for intense commercial uses and transportation services provided that such use shall when established be compatible with adjacent and neighboring residential areas and not create unreasonable traffic or land use conflicts. The permitted uses include the following specific uses as well as those permitted in C-2:

(1)

Automobile repair or retail service station and garage.

(2)

Automobile sales (outdoor).

(3)

Boats and recreational vehicle sales, service, and storage.

(4)

Carpentry, painting, plumbing or tinsmiths shop.

(5)

Frozen food lockers and cold storage plant.

(6)

Heavy machinery sales, storage and service.

(7)

Lumber yards and building materials storage yards.

(8)

Machine shop without outdoor storage (permitted with conditional use permit).

(9)

Retail propane sales.

(10)

Retail facilities over 10,000 square feet.

(11)

Stable.

(12)

Taxidermy shops and seasonal meat processing (such as deer meat).

(13)

Horse race track and riding stable with a condition use permit.

(14)

Private zoo with a conditional use permit.

(15)

Transportation services.

(16)

Trailer camp or RV park requires conditional use permit.

(17)

Truck stop, with no repair or wash service.

(18)

Wood yard.

(19)

Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sale, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.

(20)

Veterinary services and hospital.

(21)

Manufactured sales and services with conditional use permit.

(22)

The sale of alcoholic beverages in the Heavy Commercial - District C-3 for on, or off premise consumption, as permitted, or conditionally permitted, in Table 118-50(1) (entitled "Sale of Alcoholic Beverages").

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

Adequate enclosures, space, shelters and proper drainage and waste disposal to eliminate odor.

(4)

(5)

See Chart 1.

(6)

See Chart 2.

(7)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-3" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2014-14, § 2, 7-22-14; Ord. No. 2021-19, § 1, 6-8-21; Ord. No. 2022-34, § 1, 8-23-22; Ord. No. 2024-12, §§ 1, 2, 5-7-24; Ord. No. 2024-52, §§ 5, 6, 12-10-24)

Editor's note— Ord. No. 2024-12, § 1, adopted May 7, 2024, repealed § 118-47, subsection (a)(10) and renumbered subsections (a)(11)—(a)(22) as subsections (a)(10)—(a)(21). The former subsection (a)(10) pertained to manufactured housing and service. The historical notation has been retained with the amended provisions for reference purposes.

Note— See editor's note at § 118-46.

Sec. 118-48. - Light industrial—District "I-1".

(a)

Purpose and permitted uses. 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. 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 non-hazardous, non-volatile products and the following listed uses:

(1)

Carpentry, painting, plumbing or tinsmiths shop.

(2)

Frozen food lockers and cold storage plant.

(3)

Furniture manufacturers and upholsterers.

(4)

Light manufacturing.

(5)

Tire (retreading operations).

(6)

Warehouse, storage and distribution center.

(7)

Recycling operation (indoors).

(8)

Retail propane sales.

(9)

Truck stops with repair and wash services.

(10)

Veterinary services and hospital.

(11)

Wood yard.

(12)

Welding shops.

(13)

Machine shops, sheet metal fabrication and metal products.

(14)

Mini storage warehouse and storage garage.

(15)

Manufactured sales and services with conditional use permit.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

[4]

See Chart 1.

[5]

See Chart 2.

[6]

See Chart 3.

(c)

Site development regulations. Paved sidewalks, driveways and parking areas are required.

(d)

Performance standards—Light industrial districts. All uses in the LI (light industrial) districts, district "I-1", 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.

(1)

At no point at the bounding property line of any use in an LI district may the sound pressure level of any operation or plant exceed the decibel limits specified in the octave band groups designated in the following table.

Maximum permissible daytime* octave bank—Decibel limits at the bounding property line** in an I-1 district:

OCTAVE
BAND	37	75	150	300	600	1200	2400	4800	A
(CPS)	75	150	300	600	1200	2400	4800	9600	SCALE

DECIBEL BAND LIMIT (DB RE 0.0002 MICROBAR)

	82	76	68	60	56	53	50	48	62

Note: A scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis.

*Daytime shall refer to the hours between sunrise and sunset on any given day.

**The building official will interpret the bounding property line for noise enforcement as being at the nearest right-of-way or property line of any street, alley, stream or other permanently dedicated open space from the noise source when such open space exists between the property line of the noise source and adjacent property. When no such open space exists, the common line between two parcels of property shall be the bounding property line.

The following corrections will be made to the table of octave band decibel limits in determining compliance with the noise level standards in an LI district.

When noise is present at night (any time other than daytime) subtract seven decibels. When noise contains strong, pure tone components or is impulsive, that is when meter changes at ten decibels or more per second, subtract seven decibels. Add ten decibels when noise is present for not more than:

One-half minute in any one-half hour period;

One minute in any one-hour period;

Ten minutes in any two-hour period; or

20 minutes in any three-hour period.

Measurement of noise is made with a sound level meter or octave band analyzer meeting the standards prescribed by the American Standards Association.

(2)

Smoke and particulate matter. No operation or use in an I-1 district shall cause, create or allow the emission of air contaminants which violate state or federal environmental laws, as referenced herein: V.T.C.A., Health and Safety Code Ann. chs. 381 and 382, Air Pollution Prevention and Control, 42 U.S.C.A. 67401, et seq. Open storage and open processing operations, including onsite transportation movements which are a source of wind or airborne dust or other particulate matter, are subject to the standards and regulations specified herein.

(3)

Odorous matter. No use may be located or operated in an I-1 district which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. The odor threshold as herein set forth is determined by observation by the building official. In any case where uncertainty may arise or where the operator or owner of an odor emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures as specified by American Society for Testing Materials, A.S.T.M.D. 1391-57, entitled "Standard Method for Measurement of Odor in Atmospheres", will be used and a copy of A.S.T.M.D. 1391-57 is hereby incorporated by reference.

(4)

Flammable and explosive materials. No use involving the manufacture or storage of compounds or products which decompose by detonation is permitted in an I-1 district except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the fire marshal of the city as not presenting a fire or explosion hazard. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose films, solvents and petroleum products is permitted only when such storage or use conforms to the standards and regulations established by city ordinance.

(5)

Toxic and noxious matter. No operation or use permitted in an I-1 district may emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which exceeds the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the state department of health in Threshold Limit Values Occupational Health Regulation No. 3, as such regulations exist or may later be amended.

(6)

Vibrations. No operation or use in an I-1 district may at any time create earth borne vibration which, when measured at the bounding property line of the source of operation, exceed the limit of displacement set forth in the following table in the frequency ranges specified.

FREQUENCY CYCLES PER SECOND	DISPLACEMENT IN INCHES
0 to 10	.0010
10 to 20	.0008
20 to 30	.0005
30 to 40	.0004
40 to 50	.0003

(7)

Glare. No use or operation in an I-1 district may be located or conducted so as to produce intense glare or direct illumination across the bounding property line from a visible source of illumination nor may any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 2, 5-28-19; Ord. No. 2023-26, § 2, 7-12-23; Ord. No. 2024-12, § 3, 5-7-24; Ord. No. 2024-52, § 7, 12-10-24)

Note— See editor's note at § 118-46.

Sec. 118-49. - Heavy industrial—District "I-2".

(a)

Permitted uses. Allows assembly, packaging, treatment, processing and manufacture of products that do not pose any materially potential hazard to persons and property outside the boundaries of the property. The permitted uses include the following specific uses as well as those permitted in I-1, to the extent such uses are contained or included within property as to not pose a potential hazard outside of the property on which such use is conducted:

(1)

Acetylene gas manufacture or storage.

(2)

Ammonia, bleaching powder or chlorine manufacture.

(3)

Apparel manufacturing.

(4)

Blacksmith shops.

(5)

Blast furnace, forge plant, iron, steel, brass or copper foundry or fabrication plant, coke ovens, coal yard or coke yard, smelting of tin, copper, zinc or iron ores.

(6)

Boiler works.

(7)

Box, broom and canvas goods manufacturers.

(8)

Brick, tile, pottery or terra cotta manufacture other than the manufacture of handcraft or concrete products.

(9)

Bus lines, shops and garages.

(10)

Candle manufacture.

(11)

Celluloid manufacture or treatment.

(12)

Cement, lime, gypsum or plaster of paris manufacture, rock crusher, rolling mill, stone mill or quarry.

(13)

Central mixing plant for cement, mortar, plaster or paving materials.

(14)

Contractors yard.

(15)

Cotton gins and cottonseed oil manufacture.

(16)

Crating express storage.

(17)

Creosote manufacture or treatment.

(18)

Disinfectants manufacture.

(19)

Distillation of bones, coal or wood, fat rendering, garbage, offal or dead animal reduction, tallow, grease or lard manufacture or refining from, or an animal fat.

(20)

Drapery and bedding manufacturers.

(21)

Drug and pharmaceutical products manufacture.

(22)

Dyestuff manufacture.

(23)

Emery cloth and sandpaper manufacture.

(24)

Explosives or fireworks manufacture or storage.

(25)

Expressing, baggage and transfer delivery services.

(26)

Fabric cleaning and dyeing plants and laundries.

(27)

Fertilizer manufacture.

(28)

Fish and meat smoking and curing.

(29)

Fur goods manufacture, but not including tanning or dyeing.

(30)

Gas and petroleum storage.

(31)

Glass products from previously manufactured glass for wholesale distribution.

(32)

Glue or gelatin manufacture.

(33)

Greenhouses and wholesale growers.

(34)

Hatchery.

(35)

Household appliance and furniture manufacture.

(36)

Incinerator.

(37)

Industrial and manufacturing plants including the processing and assembling of parts from production of finished equipment where the process of manufacturing and treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted.

(38)

Insect poison manufacture.

(39)

Junk, iron, rag, garbage or paper storage.

(40)

Lampblack and carbon manufacture.

(41)

Lumber and building sales and storage.

(42)

Manufacture, assembly and processing of food and beverages, excluding meat packing plants and similar processes that place a significant demand on wastewater or water treatment, but including ice cream, dairy products, ice, candy, general food processing and dehydrating, beverage bottling and distribution.

(43)

Manufacture, assembly and testing of communication equipment, medical instruments and apparatus, optics, photographic equipment and supplies, timing equipment, musical instruments and related equipment, computer components, computers, electronics and precision instruments.

(44)

Manufacturing, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.

(45)

Manufacture of personal cosmetics.

(46)

Match manufacture, acid manufacture, arsenal, liquid asphalt manufacture or refining.

(47)

Motion picture or video production facilities and sound stages.

(48)

Oilcloth or linoleum manufacture.

(49)

Oiled rubber goods manufacture.

(50)

Office equipment and supplies manufacturing.

(51)

Paper and pulp manufacture.

(52)

Petroleum products, refining and storage, tar distillation or manufacture, gas or alcohol manufacture.

(53)

Planing mills.

(54)

Plastic products manufacture, but not including the processing of raw materials.

(55)

Polish manufacture, paint, oil shellac, turpentine or varnish manufacture.

(56)

Pot ash works.

(57)

Printing, publishing and book binding.

(58)

Product assembly services (non-hazardous).

(59)

Product development services (general).

(60)

Product development services (hazard).

(61)

Public utility substations and distributing centers, regulation centers and underground stations.

(62)

Pyroxlin manufacture.

(63)

Radio/TV/microwave and similar towers.

(64)

Rail-served industries consistent with uses provided in this section.

(65)

Recycling operations (indoor).

(66)

Recycling operations (outdoor), automobile salvage and wrecking yards.

(67)

Research services (hazard).

(68)

Research services (general), engineering and development facilities or laboratories.

(69)

Retail propane sales.

(70)

Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber.

(71)

Salt works.

(72)

Salvage processing.

(73)

Sexually oriented business.

(74)

Shoe polish manufacture.

(75)

Sign shops.

(76)

Soap manufacture.

(77)

Soda and compound manufacture.

(78)

Sporting and athletic equipment manufacture.

(79)

Stock yard or slaughter of animals or fowls.

(80)

Stone, marble and granite grinding and cutting operations.

(81)

Storage of garbage trucks and/or accessory containers.

(82)

Tanning, curing or storage of rawhides or skins.

(83)

Tar roofing or waterproofing manufacture.

(84)

Testing and research laboratories.

(85)

Tobacco manufacture or treatment.

(86)

Tool and die shops.

(87)

Vinegar manufacture.

(88)

Wool pulling or scouring.

(89)

Yeast plant.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(7)

Development of any use permitted in the "I-2" district shall conform with the conditions and limitations established for that district.

(c)

Site development regulations. Development of any use permitted in the "I-2" district shall conform to the site development regulations established for that district.

(d)

Performance standards—Industrial districts. See: Subsection 118-48(d) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 3, 4, 5-28-19)

Note— See editor's note at § 118-46.

Sec. 118-50. - Sale of alcoholic beverages.

(a)

Zoning districts. The sale of alcoholic beverages, for premise or off premise consumption in any zoning district shall be prohibited unless authorized by this Section as follows:

(1)

Residential and industrial zoning districts. The sale of alcoholic beverages, for premise or off premise consumption shall be prohibited.

(2)

Commercial zoning districts. The sale of alcoholic beverages, for on premise or off premise consumption, within the light commercial "C-1", medium commercial "C-2", and heavy commercial "C-3" zoning districts shall only be authorized as provided in Table 118-50 (1) entitled "Sale of Alcoholic Beverages".

(3)

Government zoning districts. The sale of alcoholic beverages, for on premise or off premise consumption, within government "G" zoning districts shall only be authorized as provided in table 118-50 (1) entitled "Sale of Alcoholic Beverages".

(b)

Use table. In table 118-50(1) the letters "P", "C", and "NA" shall mean as follows:

(1)

Permitted uses: The letter "P" indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of this chapter.

(2)

Conditional uses: The letter "C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review procedures of section 118-64 of this chapter. Conditional use permits are subject to all other applicable standards of this chapter and those requirements that may reasonably be imposed by the city consistent with the criteria set forth in subsection 118-64(e) of this chapter and any supplemental use regulations which apply to said use.

(3)

Not allowed uses: The letters "NA" indicates that the listed use is not allowed within the respective zoning district.

(c)

Alcoholic beverage code license and permit types. The top row of table 118- 50(1) indicates by a letter, or letters, the Texas Alcoholic Beverage Code License or Permit Type (See Title 3 Texas Alcoholic Beverage Code) authorized in a specific zoning district as follows:

(1)

Winery (G): The letter "G" indicates a winery permit as defined by the Texas Alcoholic Beverage Code.

(2)

Mixed beverage permit (MB): The letters "MB" indicates a mixed beverage permit as defined by the Texas Alcoholic Beverage Code.

(3)

Wine and malt beverages retailer's (BG): The letters "BG" indicates a wine and malt beverages retailer's permit as defined by the Texas Alcoholic Beverage Code.

(4)

Wine and malt beverages retailer's off-premise permit (BQ): The letters "BQ" indicates as defined by the Texas Alcoholic Beverage Code.

(5)

Retail dealer's on-premise (BE): The letters "BE" indicates a retail dealer's on-premise license as defined by the Texas Alcoholic Beverage Code.

(6)

Retail dealer's off-premise license (BF): The letters "BF" indicates a retail dealer's off-premise license as defined by the Texas Alcoholic Beverage Code.

(7)

Prive club registration permit (N): The letter "N" indicates a private club registration permit as defined by the Texas Alcoholic Beverage Code.

(8)

Private club malt beverage and wine (NB): The letters "NB" indicates a private club malt beverage and wine permit as defined by the Texas Alcoholic Beverage Code.

(9)

Private club exemption (NE): The letters "NE" indicates a private club exemption certificate as defined by the Texas Alcoholic Beverage Code.

(10)

Package store (P): The letter "P" indicates a package store permit, as defined by the Texas Alcoholic Beverage Code.

(11)

Wine only package store (Q): The letter "Q" indicates a wine-only package store permit as defined by the Texas Alcoholic Beverage Code.

(12)

Food and beverage certificate (FB). The letter "FB" indicate a food and beverage certificate as defined by the Texas Alcoholic Beverage Code.

(d)

Zoning districts. The first column of table 118-50(1) indicates the zoning districts the table is applicable as follows:

(1)

Light commercial-district is designated as "C-1".

(2)

Medium commercial-district is designated as "C-2".

(3)

Heavy commercial-district is designated as "C-3".

(4)

Government-district is designated as "G" table 118-50(1) - Sale of Alcoholic Beverages.

MB/FB

"C-1"

"C-2"

"C-3"

"G"

(Ord. No. 2024-52, § 8 Added, 12-10-24)

Sec. 118-51. - Planned unit development—"PUD" district.

(a)

Purpose and objectives. The purpose and intent of the planned unit development district is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development of property in the city consistent with this chapter and accepted urban planning, with overall mixed-use regulations as set forth below and in accordance with the city's comprehensive plan. The PUD rules are designed:

(1)

To allow development which is harmonious with nearby areas;

(2)

To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;

(3)

To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs;

(4)

To encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;

(5)

To facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment;

(6)

To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and

(7)

To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated or unplanned development.

Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city's comprehensive plan and this chapter, and to that end the PUD plan must be prepared and approved in accordance with the provisions of this chapter.

(b)

Mixed use development. The PUD district may include and allow for compatible mixed uses such as compatible residential, commercial and/or industrial, within a single project within the boundaries of an approved plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this chapter. The outer boundary of each such PUD zoning district shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references and other information shown thereon, shall be adopted by ordinance.

(c)

Flexible planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, set backs, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and street lights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single use districts, etc. Final approval of a PUD by the city council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased.

(d)

Rules applicable. The city council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development district designation to any tract of land falling under the authority of this chapter. Under the planned development designation the following rules apply:

(1)

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.

(2)

Permitted uses are those listed under the applicable zoning district(s) for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the general retail, commercial and office districts). In addition, a planned unit development district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a planned unit development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.

(3)

Standards required by the base zoning apply in a planned unit development, except that when sound urban planning and good engineering practices support a modification to the standards such standards may be expressly modified by a plan. Standards that may be modified in a plan include, but are not limited to, the following:

Front, side and rear setbacks.

Maximum height.

Maximum lot coverage.

Floor area ratio.

Off-street parking requirements.

Special district requirements pertaining to the base zoning.

Number of dwelling units per acre.

Accessory building regulations.

Sign standards.

(4)

In approving a planned unit development, no standards may be modified when such modifications are prohibited by this chapter.

(5)

In approving a planned unit development, the city council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space and screening.

(6)

The commission and city council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this chapter.

(e)

Preliminary site plan. A preliminary site plan of the entire property within the planned unit development will be considered by the commission prior to any recommendation to, or consideration by, the city council of the planned unit development district ordinance.

(1)

A preliminary site plan may be approved for a portion of a planned unit development district where the district is divided by a major thoroughfare, and the preliminary site plan includes all the property located on one side of the street.

(2)

Approval of a preliminary site plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, building locations and height, lot coverage, yards and open spaces, landscaping, screening walls or fences, topography and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.

(3)

The commission and/or city council may approve, conditionally approve, request modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:

The plan's compliance with all provisions of this chapter and other ordinances of the city.

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings.

The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city located in the city's comprehensive or master plan.

The use of landscaping and screening:

To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

To complement the design and location of buildings and be integrated into the overall site design.

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(f)

Final site plan. Following approval of the preliminary site plan, or simultaneously if detailed information is available, a final site plan for any portion of the planned unit development may be approved. The preliminary site plan establishes the general development standards according to a base district. The final site plan providing all the detail required for development, subdivision, zoning and enforcement of the special conditions and regulations must be approved by ordinance prior to the zoning being in effect and construction being authorized.

(g)

Amendments. Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Amendments to the final site plan or any planned development conditions, which are substantive, shall require public hearings in the manner required for any other zoning change.

(h)

Expiration. If development equal to at least 25 percent of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least 50 percent of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a planned unit development tract or lot within two years after the date of approval, such approval shall expire; and may only be renewed after application is made therefore, notice is given and public hearings are held by the commission and city council to evaluate the appropriateness of the previously authorized planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning.

(i)

Ordinance amendment. Every planned unit development district approved under the provisions of this chapter is considered an amendment of this chapter as to the property involved, and to the master plan. All planned unit development districts will be referenced on the zoning district map, and a list of such planned unit development districts shall be maintained as an appendix to this chapter and on file in the building official's office.

(j)

Certificate of occupancy. All planned unit development district conditions and special regulations must be complied with in the PUD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a planned unit development district, or, if applicable, the separate section or phase being developed.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2024-48, § 1, 11-12-24)

Note— See editor's note at § 118-46.

Burnet City Zoning Code

ARTICLE II

- ZONING DISTRICTS AND REGULATIONS

Sec. 118-20. - General requirements and limitations.

(a)

(b)

(c)

(1)

Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.

(2)

Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:

(d)

(e)

(f)

(g)

(h)

(i)

(1)

(2)

(j)

Chart 1

Zoning District	Front Yard Setback	Side Yard Setback	Street Side Yard Setback	Rear Yard Setback	Min. Lot S.F. Area	Min. Lot Width	Max. Height Limit
R-1	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	9,000 s.f.	75 ft.	35 ft.
R-1 E	30 ft.	15 ft.	15 ft.	15 ft.	1 acre	150 ft.	30 ft.
R-1-17	25 ft.	7½ ft.	15 ft.	15 ft.	9,000	75 ft.	30 ft.
R-1-10	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4E	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-3	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-3E	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-2	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-1-2E	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-2	25 ft. for two unit 30 ft. for three and four unit	10 ft.	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-2 A	25 ft. for two connected units 30 ft. for three or four connected units	10 ft. between structures	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-3	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R1	4,000 s.f. per unit	150 ft.	35 ft.
R-6	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
R-6-13	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
M-1	20 ft. for any road over 31 feet of pavement 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft. for structures over 1,500 s.f. 30 ft. for structures under 1,500 s.f.
M-2	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R-1	4,000 s.f. per unit	150 ft.	35 ft.
OS	25 ft.	10 ft.	15 ft.	25 ft.	7,500 s.f.	60 ft.	35 ft.
A	25 ft.	25 ft.	15 ft.	25 ft.	2 Acres	150 ft.	35 ft.
Gov	25 ft.	15 ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
NC	20 ft. on roads with 31 ft. of pavement 25 ft. on roads of less than 31 feet.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
C-1	50 ft.	15 ft.	15 ft.	15 ft.	10,000 s.f.	50 ft.	55 ft.
C-2	50 ft.	15 ft.	20 ft.	15 ft.	10,000 s.f.	60 ft.	55 ft.
C-3	50 ft.	15 ft. for single tenant 25 ft. for multi-tenant	20 ft.	15 ft.	15,000 s.f.	60 ft. for single tenant 100 ft. for multi-tenant	55 ft.
I-1	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	50 ft.	60 ft.
I-2	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	60 ft.	60 ft.
PUD	n/a	n/a	n/a	n/a	n/a	n/a	n/a

(k)

Setbacks along certain highways, roads and Hamilton Creek Park. There is hereby established a setback line for new construction as follows:

(1)

All portions of U.S. Highway 281, State Highway 29 and Ranch Road 963 shall have a setback line of at least 25 feet from the property line.

(2)

(l)

Chart 2

District	Coverage Main Buildings and all Accessory Buildings
OS, A, R1 E	10%
R1, R2, R-2, R-6, R-6-13, R-1-17, R-1-10, R-1-4, R-1-4E, R-1-3, R-1-3E, R-1-2, R-1-2E, A, NC, M1	40%
M-2, C-1, C-2, G	50%
C-3, I-1, I-2	60%
PUD	N/A

Open off-street parking and loading areas will not be considered as lot coverage under this subsection.

(m)

(1)

(2)

(3)

Maximum parking. The maximum number of parking spaces for a commercial or industrial use area shall not exceed 150 percent of the parking required pursuant to Chart 3.

(4)

Providing showers and lockers for employees who commute by bicycle;

Providing covered, secured bicycle parking racks or facilities;

(5)

Development and maintenance standards for parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.

Access aisles shall be of sufficient width for vehicular turning and maneuvering.

(6)

Chart 3*

Use	Number of Parking Spaces
Residential dwellings, single to multi-family, and manufactured homes	Two spaces minimum for each living unit up to two bedrooms; Plus one additional parking space per two additional bedrooms (i.e. three and four bedrooms—one additional parking space)
Warehouses, manufacturing plants and other similar commercial/industrial establishments not catering to the general public.	One space per 1,000 square feet of gross floor area
Hotels, motels and similar transient accommodations	One space per bedroom and one space for each two employees
Rest homes, hospitals, nursing homes, convalescent homes, sanitariums, and similar uses.	One space for each two employees, and one space for each four patient beds
Cafes, restaurants, taverns/bars, nightclubs, churches, auditoriums and other similar enclosed places of assembly.	One space for every four seats provided for customer services
Food sales, food and beverage sales, convenience stores, truck stops and similar uses.	One space for each 200 square feet of gross floor area
Banks, offices, financial lending institutions, gasoline stations, personal service shops, retail establishments, shopping centers and similar uses catering to the general public.	One space for each 250 square feet of gross floor area

* Any use providing a drive-thru to customers, must additionally provide a 90-foot concrete or asphalt driveway.

(n)

Uses noncumulative. Uses within each district are restricted solely to those uses expressly permitted in each district, and are not cumulative unless so stated.

(o)

(p)

Mandated exceptions. To the extent required by state or federal law, a personal care facility is an additional permitted use in any zoning district; provided that:

(1)

The structure shall comply with provisions of the fire code, electrical code and building code that are applicable to nursing homes;

There shall be two parking spaces, plus one additional space for each three residents;

There shall be not less than 70 square feet of living space within a sleeping room for each occupant assigned to such room;

There shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and

The structure and operations shall comply with the standards established by the state department of human services as licensing standards for personal care facilities for a type B facility.

(2)

The home must meet all applicable state licensing requirements;

(3)

A personal care facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six residents during waking hours;

(4)

A personal care facility may not have more than 15 residents.

(q)

(1)

An undeveloped platted lot that is legally nonconforming due to the dimensions of the approved platted lot being less than the zoning district regulations applicable thereto.

(2)

(3)

(4)

(5)

(6)

Property owners located within 200 feet of the subject property will be notified of the application and given the opportunity to express their concerns.

Notification to property owners will be mailed no later than ten days prior to the scheduled public hearing.

(7)

Sec. 118-21. - Establishment of zoning districts.

(a)

The city is hereby divided into 15 zoning districts, the use, height and area regulations as set out herein shall be uniform in each district. The 15 districts established shall be known as:

Abbreviated Designation	Zoning District Name
A	Agricultural
NC	Neighborhood Commercial
C-1	Light Commercial
C-2	Medium Commercial
C-3	Heavy Commercial
G	Government/Public Institutional
I-1	Industrial
I-2	Heavy Industrial
M-1	Manufactured Single Family Housing
M-2	Manufactured Housing Subdivision
OS	Open Space
PUD	Planned Unit Development
R-1	Single Family Residential
R-1	E Single Family Estate
R-1-17	Single-family residential — District "R-1-17"
R-1-10	Single-family residential — District "R-1-10"
R-1-4	Single-family residential — District "R-1-4"
R-1-4E	Single-family residential — District "R-1-4E"
R-1-3	Single-family residential — District "R-1-3"
R-1-3E	Single-family residential — District "R-1-3E"
R-1-2	Single-family residential — District "R-1-2"
R-1-2E	Single-family residential — District "R-1-2E"
R-2	Duplex
R-2A	Townhomes
R-3	Multi-Family Residential
R-6	Single-Family Residential—District "R-6"
R-6-13	Single-Family Residential—District "R-6-13"

(b)

(c)

District boundaries. Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

(4)

In subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(5)

If a district boundary line divides a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

(6)

(7)

Where the streets on the ground differ from the streets shown on the zoning map, those on the ground shall control.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, § 3, 2-22-22; Ord. No. 2023-17, § 3, 6-27-23; Ord. No. 2025-12, § 3, 3-11-25)

Sec. 118-22. - Zoning of annexed areas.

(a)

(b)

(Ord. No. 2012-06, § 3(Exh. A), 2-28-12; Ord. No. 2022-49, § 1, 12-13-22)

Sec. 118-23. - Agricultural district—District "A".

(a)

Single family dwellings.

(b)

Manufactured homes, M-1, in accordance with this chapter.

(c)

(d)

(e)

(f)

Water supply reservoirs and pumping plants when screened from public view.

(g)

Accessory buildings and uses as follows:

(1)

Residential.

(2)

Agricultural.

Solar collector and/or wind generator designed to supply energy for use on the premises.

(h)

Conditions and limitations.

(1)

Height limit.

Residential. No residential or related structure in this district shall exceed 35 feet or two and one-half stories in height.

Agricultural. No agricultural or related structure in this district shall exceed 60 feet in height, excluding silos and similar appurtenances that are exempt from this chapter.

(2)

See Chart 1.

(3)

Density. One residence may be constructed or placed on a parcel of land for each 25 acres of land in this district.

(4)

See Chart 2.

(5)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-25. - Single-family residential—District "R-1" and District "R-6".

(a)

Purpose and permitted uses. Single-family residential District "R-1" and District "R-6" permits detached single-family dwellings with a minimum living area and minimum lot size as follows:

Table 118-25(1)

Single-family residential—District	Minimum living area:	Minimum lot size:
"R-1"	1,350 square feet	9,000 square feet
"R-1-17"	1,750 square feet	9,000 square feet
"R-1-10"	1,350 square feet	10,890 square feet (¼ acre)
"R-1-4"	1,750 square feet	10,890 square feet (¼ acre)
"R-1-4E"	2,000 square feet	10,890 square feet (¼ acre)
"R-1-3"	1,750 square feet	14,520 square feet (⅓ acre)
"R-1-3E"	2,000 square feet	14,520 square feet (⅓ acre)
"R-1-2"	1,750 square feet	21,780 square feet (½ acre)
"R-1-2E"	2,000 square feet	21,780 square feet ($frac12; acre)
"R-1E"	2,100 square feet	43,560 square feet (1 acre)
"R-6"	1,100 square feet	7,600 square feet
"R-6-13"	1,350 square feet	7,600 square feet

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

(4)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(5)

Home based occupation. Any homeowner wishing to engage in commercial endeavors within a residential structure may do so provided that:

The business has no employees other than immediate family.

The business shall be conducted entirely within the dwelling unit, as defined by this chapter, which is the bona fide residence of the practitioner(s).

No vehicle used in conjunction with the home occupation which exceeds the criteria outlined in section 106-3 of this Code, shall be parked on the property or on any street adjacent to the property.

No manufacturing requiring heavy equipment is performed.

(d)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, §§ 5, 6, 2-22-22; Ord. No. 2022-35, § 1, 7-26-22; Ord. No. 2023-17, § 4, 6-27-23; Ord. No. 2025-12, § 4, 3-11-25)

Sec. 118-26. - Single-family residential estate—District "R-1 E".

(a)

Purpose and permitted uses. Permits detached single family dwellings with a minimum of 2,100 square feet of living area on a minimum lot size of one acre.

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)—(5)

Reserved.

(6)

(7)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(8)

Common walkways will be required in place of sidewalks.

(d)

Site development regulations.

(1)

Development of any use permitted in the "R-1 E" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-48, § 1, 12-13-22)

Sec. 118-27. - Duplex—District "R-2".

(a)

(b)

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

(c)

Conditions and limitations. See subsection 118-25(c) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-28. - Townhomes—District "R-2 A".

(a)

[b]

Applicability. This section applies to:

(1)

(2)

One unit of a two-, three-, or four-unit townhouse, as a result of which the ownership of the units sharing the common wall and the lot on which the units are located is divided; or

(3)

One unit of a townhouse.

[c]

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

[d]

Conditions and limitations.

(1)

See subsection 118-25(c) of this chapter.

(2)

Upon approval by the planning and zoning commission and the city council, the declaration of easements shall be recorded in the real property records of Burnet County, Texas.

Prior to the sale or transfer of ownership of one dwelling unit of a townhome, the utilities for each unit must be individually metered.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-35. - Multi-family residential—District "R-3".

(a)

(b)

Conditions and limitations.

(1)

More than one building or structure may be located upon a lot.

(2)

All buildings and structures shall be separated by a minimum horizontal distance of ten feet or meet the separation requirements of the adopted fire code.

(3)

Such recreational open space shall be located or arranged so as to function as a recreational area and be uniformly beneficial to all of the dwelling units in the project or development; and

Open space required to separate structures shall not be considered to be a part of the required recreational open space.

(4)

Parking.

There shall be a minimum five-foot setback from the rear most wall of any garage, and from the curb line of any parking area, to the nearest property line.

Private garages and covered parking, if any, may be attached or detached.

(5)

Driveways.

All ingress and egress must be located on major collectors or arterials as designated in the comprehensive plan.

Ingress and egress shall be through driveways designed to convey residents, visitors and staff of the apartment over a common driveway.

There shall be no head-in parking on any public collector or arterial streets abutting the lot.

(6)

(7)

See Chart 1.

(8)

See Chart 3.

(c)

Site development regulations. The following site development regulations shall be applicable to apartment buildings and property zoned multi-family residential, district "R-3":

(1)

Maximum dwelling units per acre: 20 units.

(2)

Minimum lot size shall be 10,000 square feet for a multi-family project.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-07, § 1, 2-22-22)

Sec. 118-36. - Open space—District "OS".

(a)

(b)

The uses permitted for this district are:

(1)

Cemeteries.

(2)

Conservation areas.

(3)

Golf courses.

(4)

Outdoor recreational and athletic facilities.

(5)

Outdoor swimming pools.

(6)

POA neighborhood parks, common open space, common open area, playgrounds and play fields.

(7)

Wildlife sanctuaries.

(c)

Permitted secondary uses are as follows:

(1)

Club houses and community centers.

(2)

Retail-oriented uses which are clearly secondary and customarily or necessarily incidental to the permitted use including but not necessarily limited to the following:

Retail sales and services operated as part of a golf course, recreational or athletic facility.

Retail sales and services sponsored by service clubs, non-profit societies or organizations and concessions contracted with the city.

Food and beverage sales, including alcoholic beverages (with a conditional use permit) to members only.

Restaurants including alcoholic beverage sales which are operated as part of or in conjunction with a club house facility for members only.

(3)

Caretaker residence.

(4)

Maintenance buildings required to house equipment and material to maintain the site.

(5)

See Chart 1.

(6)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-38. - Manufactured home—District "M-1".

(a)

(b)

Conditions and limitations.

(1)

Manufactured homes must have a minimum of 1,100 square feet of living area.

(2)

Manufactured homes must be skirted within 90 days from date installed and prior to a certificate of occupancy being issued.

(3)

Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.

(4)

See Chart 1.

(5)

See Chart 3.

(c)

Authorized in specified areas. No manufactured home may be located in any district other than "M1" or "M-2" district only.

(d)

Standards. The installation, occupancy and maintenance of manufactured homes in the "M" district shall be subject to the following provisions.

(1)

No outside horizontal dimension shall be less than 14 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.

(2)

The exterior siding material, excluding skirting, shall be nonmetallic.

(3)

All electrical material, devices, appliances and equipment are in sound and safe condition. Aluminum conductors are not acceptable unless installed by the manufacturer.

All mechanical systems including space and water heating, are in sound and safe condition.

All plumbing, gas piping and wastewater systems are in sound and safe condition.

The determination of the foregoing acceptance of any non-certified unit shall be made by the building official and/or the fire marshall.

(4)

Manufactured homes shall be installed and inspected in accordance with the following criteria:

By a person licensed by or contracting with the state department of housing and community affairs manufactured housing division in compliance with state law.

Axle and hitch assemblies shall be removed at the time of placement on the foundation.

Electrical power supply shall be from a meter attached to a power-pole on the property, or from a permanent meter pedestal.

Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings and the parking requirements of this chapter.

Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.

All accessory structures and additions shall comply with all applicable city ordinances.

(e)

(1)

Development of any use permitted in the "M-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-40. - Manufactured home park—District "M-2".

(a)

(b)

Additional permitted uses.

(1)

One manufactured home on each approved space or lot.

(2)

Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.

(3)

Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the manufactured home park.

(4)

Accessory buildings for use by the owner or manager of the mobile home park.

(5)

One single-family dwelling unit on a 6,000 square foot or larger lot for use as the owner's or manager's residence.

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

(4)

(5)

Thru traffic. No through traffic shall be permitted in a manufactured home park.

(6)

Perimeter fence. A perimeter privacy fence shall be required, unless otherwise approved by the commission.

(d)

(e)

Site development regulations. See subsection 118-38(e) of this chapter;

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-43. - "G" government and public institutional district.

(a)

(b)

Permitted uses.

(1)

Facilities owned and operated by the federal government, the state or political subdivisions thereof, including public grounds;

(2)

Fire station and safety services;

(3)

Hospital services, hospital (acute and chronic care) and sanitariums;

(4)

Schools, public, denominational, kindergarten and pre-school, college, university, dormitory and group student housing;

(5)

Uses required by public utilities, railroad spur and tracts, and public transportation services;

(6)

Public athletic fields, stadium, sports facilities, playgrounds, neighborhood park, greenbelt, recreational centers, community centers and swimming pools;

(7)

Churches, rectory and places of worship; and

(8)

Accessory uses customarily incidental to any of the foregoing permitted uses.

(c)

Conditional uses permitted upon authorization of city council.

(1)

Cemeteries.

(2)

Cultural services.

(3)

Halfway house and institution for the care of substance dependent persons.

(4)

(5)

Public zoo.

(d)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-44. - Neighborhood commercial—District "NC".

(a)

(1)

Parks and playgrounds.

(2)

Community residential facilities with eight or fewer persons.

(3)

Day-care homes with 12 or fewer children.

(4)

Single-family dwellings.

(5)

Residential accessory buildings and uses.

(6)

Churches and temples.

(7)

Credit union offices.

(8)

Doctor or dental offices.

(9)

Bed and breakfast.

(10)

Fire stations.

(11)

Libraries.

(12)

Public and private schools and colleges.

(13)

Duplexes.

(14)

Triplex and four-plex multifamily.

(15)

Convents and monasteries.

(16)

Small insurance offices.

(17)

Lawyer's offices.

(18)

Optician or optometrist offices.

(19)

Public parking areas.

(20)

Real estate offices.

(21)

(b)

Conditions and limitations.

(1)

That "NC" activity is conducted primarily within an enclosed building.

(2)

That required yards and outdoor areas not be utilized to display, sell vehicles, equipment, containers or waste material, save and except for the screened dumpster area.

(3)

(4)

(5)

(6)

See Chart 1 for a table of specific district setback requirements.

(7)

See Chart 2 for lot coverage criteria for structures.

(8)

See Chart 3 for specific parking space requirements.

(c)

Site development regulations.

(1)

Development of any use permitted in the "NC" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas shall be required.

(3)

Screening of all loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-45. - Light commercial—District "C-1".

(a)

(1)

Bakeries with goods primarily prepared for in-store retail sales on site, with no drive-thru service.

(2)

Banks, savings and loans, credit unions and financial services.

(3)

Business and commercial schools.

(4)

Convenience store, retail food store, grocery stores and supermarkets (including gasoline and/or alcohol sales with a conditional use permit).

(5)

(6)

(7)

Pet stores.

(8)

Professional services including architecture, legal services, psychological, real estate, consulting and other services deemed similar in nature by the council.

(9)

Public utilities substations.

(10)

Restaurant, café or cafeteria, drive-in eating establishment.

(11)

Telephone exchange, postal facilities and communication service.

(12)

(13)

(b)

(1)

Carwash.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

Sec. 118-46. - Medium commercial—District "C-2".

(a)

(1)

Air conditioning and heating sales and services.

(2)

Amusement (indoor).

(3)

Amusement (outdoor) and swimming pool (commercial).

(4)

Automobile repair or retail service station and garage.

(5)

Automobile service station, gasoline station (full and limited), filling or retail service station.

(6)

Apartment hotel, assisted retirement living, boarding house, bed and breakfast, convalescent home, family home, home for the aged and group day care.

(7)

Bakeries with goods primarily prepared for in-store retail sales on site with drive-thru service.

(8)

Bonded warehouse and local wholesale distributors.

(9)

Carwash.

(10)

Child care center (small, intermediate and large) and child development facilities.

(11)

Cleaning or laundry self-service shop and cleaning shop or laundry (small).

(12)

Clinic and safety services.

(13)

Convenience stores, grocery stores and supermarkets (including the sale of gasoline).

(14)

Cultural services and community center (public and private).

(15)

Day camp.

(16)

Drive-in theaters.

(17)

Dancing and music academies.

(18)

Farm implement display and sales room.

(19)

Farms or truck gardens, limited to the propagation and cultivation of plants; provided that no poultry or livestock other than household pets shall be housed within 50 feet of any property line.

(20)

Florist shops, greenhouses and nurseries with outdoor service and display.

(21)

Golf course (commercial), playfield or stadium (public).

(22)

Hospital services, hospital (acute and chronic care) sanitariums, nursing homes, hospice and home for the aged.

(23)

Hotels, tourist homes, and motels.

(24)

Milk and bread distributing stations.

(25)

Parking lots and commercial garage.

(26)

Radio and television broadcasting stations and studios, excluding broadcasting towers.

(27)

Recycling collection use.

(28)

Sale of new automobile parts.

(29)

Shopping center.

(30)

Small animal clinic/veterinary services.

(31)

Heliport.

(32)

Taxi cab stations.

(33)

Upholstering shops.

(34)

(35)

Wholesale sales establishments and warehouses.

(36)

Wholesale bakeries.

(37)

(b)

Conditions and limitations.

(1)

That it be conducted primarily within an enclosed building or screened area, except for the customary outdoor activities for the specific uses listed.

(2)

(3)

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-2" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-17, § 4, 9-24-19; Ord. No. 2021-13, § 2, 5-11-21; Ord. No. 2023-26, § 1, 7-12-23; Ord. No. 2024-52, §§ 3, 4, 12-10-24)

Sec. 118-47. - Heavy commercial—District "C-3".

(a)

(1)

Automobile repair or retail service station and garage.

(2)

Automobile sales (outdoor).

(3)

Boats and recreational vehicle sales, service, and storage.

(4)

Carpentry, painting, plumbing or tinsmiths shop.

(5)

Frozen food lockers and cold storage plant.

(6)

Heavy machinery sales, storage and service.

(7)

Lumber yards and building materials storage yards.

(8)

Machine shop without outdoor storage (permitted with conditional use permit).

(9)

Retail propane sales.

(10)

Retail facilities over 10,000 square feet.

(11)

Stable.

(12)

Taxidermy shops and seasonal meat processing (such as deer meat).

(13)

Horse race track and riding stable with a condition use permit.

(14)

Private zoo with a conditional use permit.

(15)

Transportation services.

(16)

Trailer camp or RV park requires conditional use permit.

(17)

Truck stop, with no repair or wash service.

(18)

Wood yard.

(19)

Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sale, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.

(20)

Veterinary services and hospital.

(21)

Manufactured sales and services with conditional use permit.

(22)

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

Adequate enclosures, space, shelters and proper drainage and waste disposal to eliminate odor.

(4)

(5)

See Chart 1.

(6)

See Chart 2.

(7)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-3" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

Note— See editor's note at § 118-46.

Sec. 118-48. - Light industrial—District "I-1".

(a)

(1)

Carpentry, painting, plumbing or tinsmiths shop.

(2)

Frozen food lockers and cold storage plant.

(3)

Furniture manufacturers and upholsterers.

(4)

Light manufacturing.

(5)

Tire (retreading operations).

(6)

Warehouse, storage and distribution center.

(7)

Recycling operation (indoors).

(8)

Retail propane sales.

(9)

Truck stops with repair and wash services.

(10)

Veterinary services and hospital.

(11)

Wood yard.

(12)

Welding shops.

(13)

Machine shops, sheet metal fabrication and metal products.

(14)

Mini storage warehouse and storage garage.

(15)

Manufactured sales and services with conditional use permit.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

[4]

See Chart 1.

[5]

See Chart 2.

[6]

See Chart 3.

(c)

Site development regulations. Paved sidewalks, driveways and parking areas are required.

(d)

(1)

Maximum permissible daytime* octave bank—Decibel limits at the bounding property line** in an I-1 district:

OCTAVE
BAND	37	75	150	300	600	1200	2400	4800	A
(CPS)	75	150	300	600	1200	2400	4800	9600	SCALE

DECIBEL BAND LIMIT (DB RE 0.0002 MICROBAR)

	82	76	68	60	56	53	50	48	62

Note: A scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis.

*Daytime shall refer to the hours between sunrise and sunset on any given day.

The following corrections will be made to the table of octave band decibel limits in determining compliance with the noise level standards in an LI district.

One-half minute in any one-half hour period;

One minute in any one-hour period;

Ten minutes in any two-hour period; or

20 minutes in any three-hour period.

Measurement of noise is made with a sound level meter or octave band analyzer meeting the standards prescribed by the American Standards Association.

(2)

(3)

(4)

(5)

(6)

FREQUENCY CYCLES PER SECOND	DISPLACEMENT IN INCHES
0 to 10	.0010
10 to 20	.0008
20 to 30	.0005
30 to 40	.0004
40 to 50	.0003

(7)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 2, 5-28-19; Ord. No. 2023-26, § 2, 7-12-23; Ord. No. 2024-12, § 3, 5-7-24; Ord. No. 2024-52, § 7, 12-10-24)

Note— See editor's note at § 118-46.

Sec. 118-49. - Heavy industrial—District "I-2".

(a)

(1)

Acetylene gas manufacture or storage.

(2)

Ammonia, bleaching powder or chlorine manufacture.

(3)

Apparel manufacturing.

(4)

Blacksmith shops.

(5)

Blast furnace, forge plant, iron, steel, brass or copper foundry or fabrication plant, coke ovens, coal yard or coke yard, smelting of tin, copper, zinc or iron ores.

(6)

Boiler works.

(7)

Box, broom and canvas goods manufacturers.

(8)

Brick, tile, pottery or terra cotta manufacture other than the manufacture of handcraft or concrete products.

(9)

Bus lines, shops and garages.

(10)

Candle manufacture.

(11)

Celluloid manufacture or treatment.

(12)

Cement, lime, gypsum or plaster of paris manufacture, rock crusher, rolling mill, stone mill or quarry.

(13)

Central mixing plant for cement, mortar, plaster or paving materials.

(14)

Contractors yard.

(15)

Cotton gins and cottonseed oil manufacture.

(16)

Crating express storage.

(17)

Creosote manufacture or treatment.

(18)

Disinfectants manufacture.

(19)

Distillation of bones, coal or wood, fat rendering, garbage, offal or dead animal reduction, tallow, grease or lard manufacture or refining from, or an animal fat.

(20)

Drapery and bedding manufacturers.

(21)

Drug and pharmaceutical products manufacture.

(22)

Dyestuff manufacture.

(23)

Emery cloth and sandpaper manufacture.

(24)

Explosives or fireworks manufacture or storage.

(25)

Expressing, baggage and transfer delivery services.

(26)

Fabric cleaning and dyeing plants and laundries.

(27)

Fertilizer manufacture.

(28)

Fish and meat smoking and curing.

(29)

Fur goods manufacture, but not including tanning or dyeing.

(30)

Gas and petroleum storage.

(31)

Glass products from previously manufactured glass for wholesale distribution.

(32)

Glue or gelatin manufacture.

(33)

Greenhouses and wholesale growers.

(34)

Hatchery.

(35)

Household appliance and furniture manufacture.

(36)

Incinerator.

(37)

(38)

Insect poison manufacture.

(39)

Junk, iron, rag, garbage or paper storage.

(40)

Lampblack and carbon manufacture.

(41)

Lumber and building sales and storage.

(42)

(43)

(44)

Manufacturing, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.

(45)

Manufacture of personal cosmetics.

(46)

Match manufacture, acid manufacture, arsenal, liquid asphalt manufacture or refining.

(47)

Motion picture or video production facilities and sound stages.

(48)

Oilcloth or linoleum manufacture.

(49)

Oiled rubber goods manufacture.

(50)

Office equipment and supplies manufacturing.

(51)

Paper and pulp manufacture.

(52)

Petroleum products, refining and storage, tar distillation or manufacture, gas or alcohol manufacture.

(53)

Planing mills.

(54)

Plastic products manufacture, but not including the processing of raw materials.

(55)

Polish manufacture, paint, oil shellac, turpentine or varnish manufacture.

(56)

Pot ash works.

(57)

Printing, publishing and book binding.

(58)

Product assembly services (non-hazardous).

(59)

Product development services (general).

(60)

Product development services (hazard).

(61)

Public utility substations and distributing centers, regulation centers and underground stations.

(62)

Pyroxlin manufacture.

(63)

Radio/TV/microwave and similar towers.

(64)

Rail-served industries consistent with uses provided in this section.

(65)

Recycling operations (indoor).

(66)

Recycling operations (outdoor), automobile salvage and wrecking yards.

(67)

Research services (hazard).

(68)

Research services (general), engineering and development facilities or laboratories.

(69)

Retail propane sales.

(70)

Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber.

(71)

Salt works.

(72)

Salvage processing.

(73)

Sexually oriented business.

(74)

Shoe polish manufacture.

(75)

Sign shops.

(76)

Soap manufacture.

(77)

Soda and compound manufacture.

(78)

Sporting and athletic equipment manufacture.

(79)

Stock yard or slaughter of animals or fowls.

(80)

Stone, marble and granite grinding and cutting operations.

(81)

Storage of garbage trucks and/or accessory containers.

(82)

Tanning, curing or storage of rawhides or skins.

(83)

Tar roofing or waterproofing manufacture.

(84)

Testing and research laboratories.

(85)

Tobacco manufacture or treatment.

(86)

Tool and die shops.

(87)

Vinegar manufacture.

(88)

Wool pulling or scouring.

(89)

Yeast plant.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(7)

Development of any use permitted in the "I-2" district shall conform with the conditions and limitations established for that district.

(c)

Site development regulations. Development of any use permitted in the "I-2" district shall conform to the site development regulations established for that district.

(d)

Performance standards—Industrial districts. See: Subsection 118-48(d) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 3, 4, 5-28-19)

Note— See editor's note at § 118-46.

Sec. 118-50. - Sale of alcoholic beverages.

(a)

Zoning districts. The sale of alcoholic beverages, for premise or off premise consumption in any zoning district shall be prohibited unless authorized by this Section as follows:

(1)

Residential and industrial zoning districts. The sale of alcoholic beverages, for premise or off premise consumption shall be prohibited.

(2)

(3)

(b)

Use table. In table 118-50(1) the letters "P", "C", and "NA" shall mean as follows:

(1)

Permitted uses: The letter "P" indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of this chapter.

(2)

(3)

Not allowed uses: The letters "NA" indicates that the listed use is not allowed within the respective zoning district.

(c)

(1)

Winery (G): The letter "G" indicates a winery permit as defined by the Texas Alcoholic Beverage Code.

(2)

Mixed beverage permit (MB): The letters "MB" indicates a mixed beverage permit as defined by the Texas Alcoholic Beverage Code.

(3)

Wine and malt beverages retailer's (BG): The letters "BG" indicates a wine and malt beverages retailer's permit as defined by the Texas Alcoholic Beverage Code.

(4)

Wine and malt beverages retailer's off-premise permit (BQ): The letters "BQ" indicates as defined by the Texas Alcoholic Beverage Code.

(5)

Retail dealer's on-premise (BE): The letters "BE" indicates a retail dealer's on-premise license as defined by the Texas Alcoholic Beverage Code.

(6)

Retail dealer's off-premise license (BF): The letters "BF" indicates a retail dealer's off-premise license as defined by the Texas Alcoholic Beverage Code.

(7)

Prive club registration permit (N): The letter "N" indicates a private club registration permit as defined by the Texas Alcoholic Beverage Code.

(8)

Private club malt beverage and wine (NB): The letters "NB" indicates a private club malt beverage and wine permit as defined by the Texas Alcoholic Beverage Code.

(9)

Private club exemption (NE): The letters "NE" indicates a private club exemption certificate as defined by the Texas Alcoholic Beverage Code.

(10)

Package store (P): The letter "P" indicates a package store permit, as defined by the Texas Alcoholic Beverage Code.

(11)

Wine only package store (Q): The letter "Q" indicates a wine-only package store permit as defined by the Texas Alcoholic Beverage Code.

(12)

Food and beverage certificate (FB). The letter "FB" indicate a food and beverage certificate as defined by the Texas Alcoholic Beverage Code.

(d)

Zoning districts. The first column of table 118-50(1) indicates the zoning districts the table is applicable as follows:

(1)

Light commercial-district is designated as "C-1".

(2)

Medium commercial-district is designated as "C-2".

(3)

Heavy commercial-district is designated as "C-3".

(4)

Government-district is designated as "G" table 118-50(1) - Sale of Alcoholic Beverages.

MB/FB

"C-1"

"C-2"

"C-3"

"G"

(Ord. No. 2024-52, § 8 Added, 12-10-24)

Sec. 118-51. - Planned unit development—"PUD" district.

(a)

(1)

To allow development which is harmonious with nearby areas;

(2)

To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;

(3)

To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs;

(4)

To encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;

(5)

To facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment;

(6)

To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and

(7)

(b)

(c)

(d)

(1)

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.

(2)

(3)

Front, side and rear setbacks.

Maximum height.

Maximum lot coverage.

Floor area ratio.

Off-street parking requirements.

Special district requirements pertaining to the base zoning.

Number of dwelling units per acre.

Accessory building regulations.

Sign standards.

(4)

In approving a planned unit development, no standards may be modified when such modifications are prohibited by this chapter.

(5)

(6)

The commission and city council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this chapter.

(e)

(1)

(2)

(3)

The commission and/or city council may approve, conditionally approve, request modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:

The plan's compliance with all provisions of this chapter and other ordinances of the city.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings.

The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city located in the city's comprehensive or master plan.

The use of landscaping and screening:

To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

To complement the design and location of buildings and be integrated into the overall site design.

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(f)

(g)

(h)

(i)

(j)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2024-48, § 1, 11-12-24)

Note— See editor's note at § 118-46.

Burnet City Zoning Code

ARTICLE II

- ZONING DISTRICTS AND REGULATIONS

Sec. 118-20. - General requirements and limitations.

(a)

(b)

(c)

(1)

Conform to the setback, building site area, building location and land use regulations hereinafter designated for the district in which such building or open space is located.

(2)

Not exceed the height limit herein established for the district in which such building is located, except as specifically authorized as follows:

(d)

(e)

(f)

(g)

(h)

(i)

(1)

(2)

(j)

Chart 1

Zoning District	Front Yard Setback	Side Yard Setback	Street Side Yard Setback	Rear Yard Setback	Min. Lot S.F. Area	Min. Lot Width	Max. Height Limit
R-1	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	9,000 s.f.	75 ft.	35 ft.
R-1 E	30 ft.	15 ft.	15 ft.	15 ft.	1 acre	150 ft.	30 ft.
R-1-17	25 ft.	7½ ft.	15 ft.	15 ft.	9,000	75 ft.	30 ft.
R-1-10	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-4E	25 ft.	7½ ft.	15 ft.	15 ft.	10,890	75 ft.	30 ft.
R-1-3	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-3E	25 ft.	10 ft.	20 ft.	20 ft.	14,520	90 ft.	30 ft.
R-1-2	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-1-2E	35 ft.	20 ft.	25 ft.	25 ft.	21,780	100 ft.	30 ft.
R-2	25 ft. for two unit 30 ft. for three and four unit	10 ft.	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-2 A	25 ft. for two connected units 30 ft. for three or four connected units	10 ft. between structures	15 ft.	10 ft. 15 ft. when abutting R-1	4,500 s.f. per unit	75 ft.	35 ft.
R-3	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R1	4,000 s.f. per unit	150 ft.	35 ft.
R-6	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
R-6-13	20 ft. for any road over 31 feet of pavement. 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
M-1	20 ft. for any road over 31 feet of pavement 25 ft. for roads shorter than 31 ft.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft. for structures over 1,500 s.f. 30 ft. for structures under 1,500 s.f.
M-2	50 ft.	10 ft. and one foot per unit	15 ft.	10 ft. 15 ft. when abutting R-1	4,000 s.f. per unit	150 ft.	35 ft.
OS	25 ft.	10 ft.	15 ft.	25 ft.	7,500 s.f.	60 ft.	35 ft.
A	25 ft.	25 ft.	15 ft.	25 ft.	2 Acres	150 ft.	35 ft.
Gov	25 ft.	15 ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
NC	20 ft. on roads with 31 ft. of pavement 25 ft. on roads of less than 31 feet.	7½ ft.	15 ft.	15 ft.	7,600 s.f.	60 ft.	35 ft.
C-1	50 ft.	15 ft.	15 ft.	15 ft.	10,000 s.f.	50 ft.	55 ft.
C-2	50 ft.	15 ft.	20 ft.	15 ft.	10,000 s.f.	60 ft.	55 ft.
C-3	50 ft.	15 ft. for single tenant 25 ft. for multi-tenant	20 ft.	15 ft.	15,000 s.f.	60 ft. for single tenant 100 ft. for multi-tenant	55 ft.
I-1	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	50 ft.	60 ft.
I-2	25 ft.	25 ft.	25 ft.	25 ft.	10,000 s.f.	60 ft.	60 ft.
PUD	n/a	n/a	n/a	n/a	n/a	n/a	n/a

(k)

Setbacks along certain highways, roads and Hamilton Creek Park. There is hereby established a setback line for new construction as follows:

(1)

All portions of U.S. Highway 281, State Highway 29 and Ranch Road 963 shall have a setback line of at least 25 feet from the property line.

(2)

(l)

Chart 2

District	Coverage Main Buildings and all Accessory Buildings
OS, A, R1 E	10%
R1, R2, R-2, R-6, R-6-13, R-1-17, R-1-10, R-1-4, R-1-4E, R-1-3, R-1-3E, R-1-2, R-1-2E, A, NC, M1	40%
M-2, C-1, C-2, G	50%
C-3, I-1, I-2	60%
PUD	N/A

Open off-street parking and loading areas will not be considered as lot coverage under this subsection.

(m)

(1)

(2)

(3)

Maximum parking. The maximum number of parking spaces for a commercial or industrial use area shall not exceed 150 percent of the parking required pursuant to Chart 3.

(4)

Providing showers and lockers for employees who commute by bicycle;

Providing covered, secured bicycle parking racks or facilities;

(5)

Development and maintenance standards for parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

Except for parking to serve residential uses, parking and loading areas adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents.

Access aisles shall be of sufficient width for vehicular turning and maneuvering.

(6)

Chart 3*

Use	Number of Parking Spaces
Residential dwellings, single to multi-family, and manufactured homes	Two spaces minimum for each living unit up to two bedrooms; Plus one additional parking space per two additional bedrooms (i.e. three and four bedrooms—one additional parking space)
Warehouses, manufacturing plants and other similar commercial/industrial establishments not catering to the general public.	One space per 1,000 square feet of gross floor area
Hotels, motels and similar transient accommodations	One space per bedroom and one space for each two employees
Rest homes, hospitals, nursing homes, convalescent homes, sanitariums, and similar uses.	One space for each two employees, and one space for each four patient beds
Cafes, restaurants, taverns/bars, nightclubs, churches, auditoriums and other similar enclosed places of assembly.	One space for every four seats provided for customer services
Food sales, food and beverage sales, convenience stores, truck stops and similar uses.	One space for each 200 square feet of gross floor area
Banks, offices, financial lending institutions, gasoline stations, personal service shops, retail establishments, shopping centers and similar uses catering to the general public.	One space for each 250 square feet of gross floor area

* Any use providing a drive-thru to customers, must additionally provide a 90-foot concrete or asphalt driveway.

(n)

Uses noncumulative. Uses within each district are restricted solely to those uses expressly permitted in each district, and are not cumulative unless so stated.

(o)

(p)

Mandated exceptions. To the extent required by state or federal law, a personal care facility is an additional permitted use in any zoning district; provided that:

(1)

The structure shall comply with provisions of the fire code, electrical code and building code that are applicable to nursing homes;

There shall be two parking spaces, plus one additional space for each three residents;

There shall be not less than 70 square feet of living space within a sleeping room for each occupant assigned to such room;

There shall be not less than 175 square feet of living area in the structure for each occupant/resident of the structure, and attendant on duty; and

The structure and operations shall comply with the standards established by the state department of human services as licensing standards for personal care facilities for a type B facility.

(2)

The home must meet all applicable state licensing requirements;

(3)

A personal care facility must have at least one paid staff member on duty 24 hours per day, and one supervisor for each six residents during waking hours;

(4)

A personal care facility may not have more than 15 residents.

(q)

(1)

An undeveloped platted lot that is legally nonconforming due to the dimensions of the approved platted lot being less than the zoning district regulations applicable thereto.

(2)

(3)

(4)

(5)

(6)

Property owners located within 200 feet of the subject property will be notified of the application and given the opportunity to express their concerns.

Notification to property owners will be mailed no later than ten days prior to the scheduled public hearing.

(7)

Sec. 118-21. - Establishment of zoning districts.

(a)

The city is hereby divided into 15 zoning districts, the use, height and area regulations as set out herein shall be uniform in each district. The 15 districts established shall be known as:

Abbreviated Designation	Zoning District Name
A	Agricultural
NC	Neighborhood Commercial
C-1	Light Commercial
C-2	Medium Commercial
C-3	Heavy Commercial
G	Government/Public Institutional
I-1	Industrial
I-2	Heavy Industrial
M-1	Manufactured Single Family Housing
M-2	Manufactured Housing Subdivision
OS	Open Space
PUD	Planned Unit Development
R-1	Single Family Residential
R-1	E Single Family Estate
R-1-17	Single-family residential — District "R-1-17"
R-1-10	Single-family residential — District "R-1-10"
R-1-4	Single-family residential — District "R-1-4"
R-1-4E	Single-family residential — District "R-1-4E"
R-1-3	Single-family residential — District "R-1-3"
R-1-3E	Single-family residential — District "R-1-3E"
R-1-2	Single-family residential — District "R-1-2"
R-1-2E	Single-family residential — District "R-1-2E"
R-2	Duplex
R-2A	Townhomes
R-3	Multi-Family Residential
R-6	Single-Family Residential—District "R-6"
R-6-13	Single-Family Residential—District "R-6-13"

(b)

(c)

District boundaries. Where uncertainty exists with respect to the boundaries of the established districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines shall be construed to be said boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

(4)

In subdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

(5)

If a district boundary line divides a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

(6)

(7)

Where the streets on the ground differ from the streets shown on the zoning map, those on the ground shall control.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, § 3, 2-22-22; Ord. No. 2023-17, § 3, 6-27-23; Ord. No. 2025-12, § 3, 3-11-25)

Sec. 118-22. - Zoning of annexed areas.

(a)

(b)

(Ord. No. 2012-06, § 3(Exh. A), 2-28-12; Ord. No. 2022-49, § 1, 12-13-22)

Sec. 118-23. - Agricultural district—District "A".

(a)

Single family dwellings.

(b)

Manufactured homes, M-1, in accordance with this chapter.

(c)

(d)

(e)

(f)

Water supply reservoirs and pumping plants when screened from public view.

(g)

Accessory buildings and uses as follows:

(1)

Residential.

(2)

Agricultural.

Solar collector and/or wind generator designed to supply energy for use on the premises.

(h)

Conditions and limitations.

(1)

Height limit.

Residential. No residential or related structure in this district shall exceed 35 feet or two and one-half stories in height.

Agricultural. No agricultural or related structure in this district shall exceed 60 feet in height, excluding silos and similar appurtenances that are exempt from this chapter.

(2)

See Chart 1.

(3)

Density. One residence may be constructed or placed on a parcel of land for each 25 acres of land in this district.

(4)

See Chart 2.

(5)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-25. - Single-family residential—District "R-1" and District "R-6".

(a)

Purpose and permitted uses. Single-family residential District "R-1" and District "R-6" permits detached single-family dwellings with a minimum living area and minimum lot size as follows:

Table 118-25(1)

Single-family residential—District	Minimum living area:	Minimum lot size:
"R-1"	1,350 square feet	9,000 square feet
"R-1-17"	1,750 square feet	9,000 square feet
"R-1-10"	1,350 square feet	10,890 square feet (¼ acre)
"R-1-4"	1,750 square feet	10,890 square feet (¼ acre)
"R-1-4E"	2,000 square feet	10,890 square feet (¼ acre)
"R-1-3"	1,750 square feet	14,520 square feet (⅓ acre)
"R-1-3E"	2,000 square feet	14,520 square feet (⅓ acre)
"R-1-2"	1,750 square feet	21,780 square feet (½ acre)
"R-1-2E"	2,000 square feet	21,780 square feet ($frac12; acre)
"R-1E"	2,100 square feet	43,560 square feet (1 acre)
"R-6"	1,100 square feet	7,600 square feet
"R-6-13"	1,350 square feet	7,600 square feet

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

(4)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(5)

Home based occupation. Any homeowner wishing to engage in commercial endeavors within a residential structure may do so provided that:

The business has no employees other than immediate family.

The business shall be conducted entirely within the dwelling unit, as defined by this chapter, which is the bona fide residence of the practitioner(s).

No vehicle used in conjunction with the home occupation which exceeds the criteria outlined in section 106-3 of this Code, shall be parked on the property or on any street adjacent to the property.

No manufacturing requiring heavy equipment is performed.

(d)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-15, §§ 5, 6, 2-22-22; Ord. No. 2022-35, § 1, 7-26-22; Ord. No. 2023-17, § 4, 6-27-23; Ord. No. 2025-12, § 4, 3-11-25)

Sec. 118-26. - Single-family residential estate—District "R-1 E".

(a)

Purpose and permitted uses. Permits detached single family dwellings with a minimum of 2,100 square feet of living area on a minimum lot size of one acre.

(b)

Additional permitted uses.

(1)

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

(2)

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

(3)

(4)

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

(5)

Water supply reservoirs, pumping plants and towers.

(6)

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)—(5)

Reserved.

(6)

(7)

Privacy fences that face public streets, roadways or rights-of-way must have the finished side facing the public street, roadways or right-of-way.

(8)

Common walkways will be required in place of sidewalks.

(d)

Site development regulations.

(1)

Development of any use permitted in the "R-1 E" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-48, § 1, 12-13-22)

Sec. 118-27. - Duplex—District "R-2".

(a)

(b)

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

(c)

Conditions and limitations. See subsection 118-25(c) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-28. - Townhomes—District "R-2 A".

(a)

[b]

Applicability. This section applies to:

(1)

(2)

One unit of a two-, three-, or four-unit townhouse, as a result of which the ownership of the units sharing the common wall and the lot on which the units are located is divided; or

(3)

One unit of a townhouse.

[c]

Additional permitted uses. As set forth in subsection 118-25(b) of this chapter.

[d]

Conditions and limitations.

(1)

See subsection 118-25(c) of this chapter.

(2)

Upon approval by the planning and zoning commission and the city council, the declaration of easements shall be recorded in the real property records of Burnet County, Texas.

Prior to the sale or transfer of ownership of one dwelling unit of a townhome, the utilities for each unit must be individually metered.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-35. - Multi-family residential—District "R-3".

(a)

(b)

Conditions and limitations.

(1)

More than one building or structure may be located upon a lot.

(2)

All buildings and structures shall be separated by a minimum horizontal distance of ten feet or meet the separation requirements of the adopted fire code.

(3)

Such recreational open space shall be located or arranged so as to function as a recreational area and be uniformly beneficial to all of the dwelling units in the project or development; and

Open space required to separate structures shall not be considered to be a part of the required recreational open space.

(4)

Parking.

There shall be a minimum five-foot setback from the rear most wall of any garage, and from the curb line of any parking area, to the nearest property line.

Private garages and covered parking, if any, may be attached or detached.

(5)

Driveways.

All ingress and egress must be located on major collectors or arterials as designated in the comprehensive plan.

Ingress and egress shall be through driveways designed to convey residents, visitors and staff of the apartment over a common driveway.

There shall be no head-in parking on any public collector or arterial streets abutting the lot.

(6)

(7)

See Chart 1.

(8)

See Chart 3.

(c)

Site development regulations. The following site development regulations shall be applicable to apartment buildings and property zoned multi-family residential, district "R-3":

(1)

Maximum dwelling units per acre: 20 units.

(2)

Minimum lot size shall be 10,000 square feet for a multi-family project.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2022-07, § 1, 2-22-22)

Sec. 118-36. - Open space—District "OS".

(a)

(b)

The uses permitted for this district are:

(1)

Cemeteries.

(2)

Conservation areas.

(3)

Golf courses.

(4)

Outdoor recreational and athletic facilities.

(5)

Outdoor swimming pools.

(6)

POA neighborhood parks, common open space, common open area, playgrounds and play fields.

(7)

Wildlife sanctuaries.

(c)

Permitted secondary uses are as follows:

(1)

Club houses and community centers.

(2)

Retail-oriented uses which are clearly secondary and customarily or necessarily incidental to the permitted use including but not necessarily limited to the following:

Retail sales and services operated as part of a golf course, recreational or athletic facility.

Retail sales and services sponsored by service clubs, non-profit societies or organizations and concessions contracted with the city.

Food and beverage sales, including alcoholic beverages (with a conditional use permit) to members only.

Restaurants including alcoholic beverage sales which are operated as part of or in conjunction with a club house facility for members only.

(3)

Caretaker residence.

(4)

Maintenance buildings required to house equipment and material to maintain the site.

(5)

See Chart 1.

(6)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-38. - Manufactured home—District "M-1".

(a)

(b)

Conditions and limitations.

(1)

Manufactured homes must have a minimum of 1,100 square feet of living area.

(2)

Manufactured homes must be skirted within 90 days from date installed and prior to a certificate of occupancy being issued.

(3)

Manufactured homes must be tied down securely and in compliance with applicable regulations prior to occupancy.

(4)

See Chart 1.

(5)

See Chart 3.

(c)

Authorized in specified areas. No manufactured home may be located in any district other than "M1" or "M-2" district only.

(d)

Standards. The installation, occupancy and maintenance of manufactured homes in the "M" district shall be subject to the following provisions.

(1)

No outside horizontal dimension shall be less than 14 feet, except for original extensions or subsequent additions containing less than 50 percent of the total enclosed floor area.

(2)

The exterior siding material, excluding skirting, shall be nonmetallic.

(3)

All electrical material, devices, appliances and equipment are in sound and safe condition. Aluminum conductors are not acceptable unless installed by the manufacturer.

All mechanical systems including space and water heating, are in sound and safe condition.

All plumbing, gas piping and wastewater systems are in sound and safe condition.

The determination of the foregoing acceptance of any non-certified unit shall be made by the building official and/or the fire marshall.

(4)

Manufactured homes shall be installed and inspected in accordance with the following criteria:

By a person licensed by or contracting with the state department of housing and community affairs manufactured housing division in compliance with state law.

Axle and hitch assemblies shall be removed at the time of placement on the foundation.

Electrical power supply shall be from a meter attached to a power-pole on the property, or from a permanent meter pedestal.

Driveways and off-street parking shall be provided in accordance with the requirements for single-family dwellings and the parking requirements of this chapter.

Patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements.

All accessory structures and additions shall comply with all applicable city ordinances.

(e)

(1)

Development of any use permitted in the "M-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-40. - Manufactured home park—District "M-2".

(a)

(b)

Additional permitted uses.

(1)

One manufactured home on each approved space or lot.

(2)

Accessory buildings located on a lot for use by the owner or occupant of a structure that is located on such lot.

(3)

Recreational, civic and/or commercial facilities designed for exclusive use of the occupants of the manufactured home park.

(4)

Accessory buildings for use by the owner or manager of the mobile home park.

(5)

One single-family dwelling unit on a 6,000 square foot or larger lot for use as the owner's or manager's residence.

(c)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(3)

(4)

(5)

Thru traffic. No through traffic shall be permitted in a manufactured home park.

(6)

Perimeter fence. A perimeter privacy fence shall be required, unless otherwise approved by the commission.

(d)

(e)

Site development regulations. See subsection 118-38(e) of this chapter;

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-43. - "G" government and public institutional district.

(a)

(b)

Permitted uses.

(1)

Facilities owned and operated by the federal government, the state or political subdivisions thereof, including public grounds;

(2)

Fire station and safety services;

(3)

Hospital services, hospital (acute and chronic care) and sanitariums;

(4)

Schools, public, denominational, kindergarten and pre-school, college, university, dormitory and group student housing;

(5)

Uses required by public utilities, railroad spur and tracts, and public transportation services;

(6)

Public athletic fields, stadium, sports facilities, playgrounds, neighborhood park, greenbelt, recreational centers, community centers and swimming pools;

(7)

Churches, rectory and places of worship; and

(8)

Accessory uses customarily incidental to any of the foregoing permitted uses.

(c)

Conditional uses permitted upon authorization of city council.

(1)

Cemeteries.

(2)

Cultural services.

(3)

Halfway house and institution for the care of substance dependent persons.

(4)

(5)

Public zoo.

(d)

Conditions and limitations.

(1)

See Chart 1.

(2)

See Chart 3.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-44. - Neighborhood commercial—District "NC".

(a)

(1)

Parks and playgrounds.

(2)

Community residential facilities with eight or fewer persons.

(3)

Day-care homes with 12 or fewer children.

(4)

Single-family dwellings.

(5)

Residential accessory buildings and uses.

(6)

Churches and temples.

(7)

Credit union offices.

(8)

Doctor or dental offices.

(9)

Bed and breakfast.

(10)

Fire stations.

(11)

Libraries.

(12)

Public and private schools and colleges.

(13)

Duplexes.

(14)

Triplex and four-plex multifamily.

(15)

Convents and monasteries.

(16)

Small insurance offices.

(17)

Lawyer's offices.

(18)

Optician or optometrist offices.

(19)

Public parking areas.

(20)

Real estate offices.

(21)

(b)

Conditions and limitations.

(1)

That "NC" activity is conducted primarily within an enclosed building.

(2)

That required yards and outdoor areas not be utilized to display, sell vehicles, equipment, containers or waste material, save and except for the screened dumpster area.

(3)

(4)

(5)

(6)

See Chart 1 for a table of specific district setback requirements.

(7)

See Chart 2 for lot coverage criteria for structures.

(8)

See Chart 3 for specific parking space requirements.

(c)

Site development regulations.

(1)

Development of any use permitted in the "NC" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas shall be required.

(3)

Screening of all loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12)

Sec. 118-45. - Light commercial—District "C-1".

(a)

(1)

Bakeries with goods primarily prepared for in-store retail sales on site, with no drive-thru service.

(2)

Banks, savings and loans, credit unions and financial services.

(3)

Business and commercial schools.

(4)

Convenience store, retail food store, grocery stores and supermarkets (including gasoline and/or alcohol sales with a conditional use permit).

(5)

(6)

(7)

Pet stores.

(8)

Professional services including architecture, legal services, psychological, real estate, consulting and other services deemed similar in nature by the council.

(9)

Public utilities substations.

(10)

Restaurant, café or cafeteria, drive-in eating establishment.

(11)

Telephone exchange, postal facilities and communication service.

(12)

(13)

(b)

(1)

Carwash.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-1" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

Sec. 118-46. - Medium commercial—District "C-2".

(a)

(1)

Air conditioning and heating sales and services.

(2)

Amusement (indoor).

(3)

Amusement (outdoor) and swimming pool (commercial).

(4)

Automobile repair or retail service station and garage.

(5)

Automobile service station, gasoline station (full and limited), filling or retail service station.

(6)

Apartment hotel, assisted retirement living, boarding house, bed and breakfast, convalescent home, family home, home for the aged and group day care.

(7)

Bakeries with goods primarily prepared for in-store retail sales on site with drive-thru service.

(8)

Bonded warehouse and local wholesale distributors.

(9)

Carwash.

(10)

Child care center (small, intermediate and large) and child development facilities.

(11)

Cleaning or laundry self-service shop and cleaning shop or laundry (small).

(12)

Clinic and safety services.

(13)

Convenience stores, grocery stores and supermarkets (including the sale of gasoline).

(14)

Cultural services and community center (public and private).

(15)

Day camp.

(16)

Drive-in theaters.

(17)

Dancing and music academies.

(18)

Farm implement display and sales room.

(19)

Farms or truck gardens, limited to the propagation and cultivation of plants; provided that no poultry or livestock other than household pets shall be housed within 50 feet of any property line.

(20)

Florist shops, greenhouses and nurseries with outdoor service and display.

(21)

Golf course (commercial), playfield or stadium (public).

(22)

Hospital services, hospital (acute and chronic care) sanitariums, nursing homes, hospice and home for the aged.

(23)

Hotels, tourist homes, and motels.

(24)

Milk and bread distributing stations.

(25)

Parking lots and commercial garage.

(26)

Radio and television broadcasting stations and studios, excluding broadcasting towers.

(27)

Recycling collection use.

(28)

Sale of new automobile parts.

(29)

Shopping center.

(30)

Small animal clinic/veterinary services.

(31)

Heliport.

(32)

Taxi cab stations.

(33)

Upholstering shops.

(34)

(35)

Wholesale sales establishments and warehouses.

(36)

Wholesale bakeries.

(37)

(b)

Conditions and limitations.

(1)

That it be conducted primarily within an enclosed building or screened area, except for the customary outdoor activities for the specific uses listed.

(2)

(3)

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-2" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-17, § 4, 9-24-19; Ord. No. 2021-13, § 2, 5-11-21; Ord. No. 2023-26, § 1, 7-12-23; Ord. No. 2024-52, §§ 3, 4, 12-10-24)

Sec. 118-47. - Heavy commercial—District "C-3".

(a)

(1)

Automobile repair or retail service station and garage.

(2)

Automobile sales (outdoor).

(3)

Boats and recreational vehicle sales, service, and storage.

(4)

Carpentry, painting, plumbing or tinsmiths shop.

(5)

Frozen food lockers and cold storage plant.

(6)

Heavy machinery sales, storage and service.

(7)

Lumber yards and building materials storage yards.

(8)

Machine shop without outdoor storage (permitted with conditional use permit).

(9)

Retail propane sales.

(10)

Retail facilities over 10,000 square feet.

(11)

Stable.

(12)

Taxidermy shops and seasonal meat processing (such as deer meat).

(13)

Horse race track and riding stable with a condition use permit.

(14)

Private zoo with a conditional use permit.

(15)

Transportation services.

(16)

Trailer camp or RV park requires conditional use permit.

(17)

Truck stop, with no repair or wash service.

(18)

Wood yard.

(19)

Uses as determined by the commission and the council which are closely related and similar to those listed and that are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from listed uses permitted, such permitted uses being generally retail trade, service industries that sale, store, distribute and/or repair goods, vehicles, equipment and materials, and are in general dependent on products and materials produced elsewhere.

(20)

Veterinary services and hospital.

(21)

Manufactured sales and services with conditional use permit.

(22)

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

Adequate enclosures, space, shelters and proper drainage and waste disposal to eliminate odor.

(4)

(5)

See Chart 1.

(6)

See Chart 2.

(7)

See Chart 3.

(c)

Site development regulations.

(1)

Development of any use permitted in the "C-3" district shall conform to the site development regulations established for that district.

(2)

Paved sidewalks, driveways and parking areas are required.

(3)

Screening of loading and storage facilities is required.

Note— See editor's note at § 118-46.

Sec. 118-48. - Light industrial—District "I-1".

(a)

(1)

Carpentry, painting, plumbing or tinsmiths shop.

(2)

Frozen food lockers and cold storage plant.

(3)

Furniture manufacturers and upholsterers.

(4)

Light manufacturing.

(5)

Tire (retreading operations).

(6)

Warehouse, storage and distribution center.

(7)

Recycling operation (indoors).

(8)

Retail propane sales.

(9)

Truck stops with repair and wash services.

(10)

Veterinary services and hospital.

(11)

Wood yard.

(12)

Welding shops.

(13)

Machine shops, sheet metal fabrication and metal products.

(14)

Mini storage warehouse and storage garage.

(15)

Manufactured sales and services with conditional use permit.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

[4]

See Chart 1.

[5]

See Chart 2.

[6]

See Chart 3.

(c)

Site development regulations. Paved sidewalks, driveways and parking areas are required.

(d)

(1)

Maximum permissible daytime* octave bank—Decibel limits at the bounding property line** in an I-1 district:

OCTAVE
BAND	37	75	150	300	600	1200	2400	4800	A
(CPS)	75	150	300	600	1200	2400	4800	9600	SCALE

DECIBEL BAND LIMIT (DB RE 0.0002 MICROBAR)

	82	76	68	60	56	53	50	48	62

Note: A scale level is provided for monitoring purposes only and is not applicable to detailed sound analysis.

*Daytime shall refer to the hours between sunrise and sunset on any given day.

The following corrections will be made to the table of octave band decibel limits in determining compliance with the noise level standards in an LI district.

One-half minute in any one-half hour period;

One minute in any one-hour period;

Ten minutes in any two-hour period; or

20 minutes in any three-hour period.

Measurement of noise is made with a sound level meter or octave band analyzer meeting the standards prescribed by the American Standards Association.

(2)

(3)

(4)

(5)

(6)

FREQUENCY CYCLES PER SECOND	DISPLACEMENT IN INCHES
0 to 10	.0010
10 to 20	.0008
20 to 30	.0005
30 to 40	.0004
40 to 50	.0003

(7)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 2, 5-28-19; Ord. No. 2023-26, § 2, 7-12-23; Ord. No. 2024-12, § 3, 5-7-24; Ord. No. 2024-52, § 7, 12-10-24)

Note— See editor's note at § 118-46.

Sec. 118-49. - Heavy industrial—District "I-2".

(a)

(1)

Acetylene gas manufacture or storage.

(2)

Ammonia, bleaching powder or chlorine manufacture.

(3)

Apparel manufacturing.

(4)

Blacksmith shops.

(5)

Blast furnace, forge plant, iron, steel, brass or copper foundry or fabrication plant, coke ovens, coal yard or coke yard, smelting of tin, copper, zinc or iron ores.

(6)

Boiler works.

(7)

Box, broom and canvas goods manufacturers.

(8)

Brick, tile, pottery or terra cotta manufacture other than the manufacture of handcraft or concrete products.

(9)

Bus lines, shops and garages.

(10)

Candle manufacture.

(11)

Celluloid manufacture or treatment.

(12)

Cement, lime, gypsum or plaster of paris manufacture, rock crusher, rolling mill, stone mill or quarry.

(13)

Central mixing plant for cement, mortar, plaster or paving materials.

(14)

Contractors yard.

(15)

Cotton gins and cottonseed oil manufacture.

(16)

Crating express storage.

(17)

Creosote manufacture or treatment.

(18)

Disinfectants manufacture.

(19)

Distillation of bones, coal or wood, fat rendering, garbage, offal or dead animal reduction, tallow, grease or lard manufacture or refining from, or an animal fat.

(20)

Drapery and bedding manufacturers.

(21)

Drug and pharmaceutical products manufacture.

(22)

Dyestuff manufacture.

(23)

Emery cloth and sandpaper manufacture.

(24)

Explosives or fireworks manufacture or storage.

(25)

Expressing, baggage and transfer delivery services.

(26)

Fabric cleaning and dyeing plants and laundries.

(27)

Fertilizer manufacture.

(28)

Fish and meat smoking and curing.

(29)

Fur goods manufacture, but not including tanning or dyeing.

(30)

Gas and petroleum storage.

(31)

Glass products from previously manufactured glass for wholesale distribution.

(32)

Glue or gelatin manufacture.

(33)

Greenhouses and wholesale growers.

(34)

Hatchery.

(35)

Household appliance and furniture manufacture.

(36)

Incinerator.

(37)

(38)

Insect poison manufacture.

(39)

Junk, iron, rag, garbage or paper storage.

(40)

Lampblack and carbon manufacture.

(41)

Lumber and building sales and storage.

(42)

(43)

(44)

Manufacturing, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.

(45)

Manufacture of personal cosmetics.

(46)

Match manufacture, acid manufacture, arsenal, liquid asphalt manufacture or refining.

(47)

Motion picture or video production facilities and sound stages.

(48)

Oilcloth or linoleum manufacture.

(49)

Oiled rubber goods manufacture.

(50)

Office equipment and supplies manufacturing.

(51)

Paper and pulp manufacture.

(52)

Petroleum products, refining and storage, tar distillation or manufacture, gas or alcohol manufacture.

(53)

Planing mills.

(54)

Plastic products manufacture, but not including the processing of raw materials.

(55)

Polish manufacture, paint, oil shellac, turpentine or varnish manufacture.

(56)

Pot ash works.

(57)

Printing, publishing and book binding.

(58)

Product assembly services (non-hazardous).

(59)

Product development services (general).

(60)

Product development services (hazard).

(61)

Public utility substations and distributing centers, regulation centers and underground stations.

(62)

Pyroxlin manufacture.

(63)

Radio/TV/microwave and similar towers.

(64)

Rail-served industries consistent with uses provided in this section.

(65)

Recycling operations (indoor).

(66)

Recycling operations (outdoor), automobile salvage and wrecking yards.

(67)

Research services (hazard).

(68)

Research services (general), engineering and development facilities or laboratories.

(69)

Retail propane sales.

(70)

Rubber or gutta-percha manufacture or treatment, but not the making of articles out of rubber.

(71)

Salt works.

(72)

Salvage processing.

(73)

Sexually oriented business.

(74)

Shoe polish manufacture.

(75)

Sign shops.

(76)

Soap manufacture.

(77)

Soda and compound manufacture.

(78)

Sporting and athletic equipment manufacture.

(79)

Stock yard or slaughter of animals or fowls.

(80)

Stone, marble and granite grinding and cutting operations.

(81)

Storage of garbage trucks and/or accessory containers.

(82)

Tanning, curing or storage of rawhides or skins.

(83)

Tar roofing or waterproofing manufacture.

(84)

Testing and research laboratories.

(85)

Tobacco manufacture or treatment.

(86)

Tool and die shops.

(87)

Vinegar manufacture.

(88)

Wool pulling or scouring.

(89)

Yeast plant.

(b)

Conditions and limitations.

(1)

That it be conducted within a building and/or outdoor area that is improved with concrete, asphalt pavement or other all weather surface and that is suitably landscaped, screened or fenced.

(2)

That the use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance.

(3)

(4)

See Chart 1.

(5)

See Chart 2.

(6)

See Chart 3.

(7)

Development of any use permitted in the "I-2" district shall conform with the conditions and limitations established for that district.

(c)

Site development regulations. Development of any use permitted in the "I-2" district shall conform to the site development regulations established for that district.

(d)

Performance standards—Industrial districts. See: Subsection 118-48(d) of this chapter.

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2019-15, § 3, 4, 5-28-19)

Note— See editor's note at § 118-46.

Sec. 118-50. - Sale of alcoholic beverages.

(a)

Zoning districts. The sale of alcoholic beverages, for premise or off premise consumption in any zoning district shall be prohibited unless authorized by this Section as follows:

(1)

Residential and industrial zoning districts. The sale of alcoholic beverages, for premise or off premise consumption shall be prohibited.

(2)

(3)

(b)

Use table. In table 118-50(1) the letters "P", "C", and "NA" shall mean as follows:

(1)

Permitted uses: The letter "P" indicates that the listed use is permitted by right within the zoning district. Permitted uses are subject to all other applicable standards of this chapter.

(2)

(3)

Not allowed uses: The letters "NA" indicates that the listed use is not allowed within the respective zoning district.

(c)

(1)

Winery (G): The letter "G" indicates a winery permit as defined by the Texas Alcoholic Beverage Code.

(2)

Mixed beverage permit (MB): The letters "MB" indicates a mixed beverage permit as defined by the Texas Alcoholic Beverage Code.

(3)

Wine and malt beverages retailer's (BG): The letters "BG" indicates a wine and malt beverages retailer's permit as defined by the Texas Alcoholic Beverage Code.

(4)

Wine and malt beverages retailer's off-premise permit (BQ): The letters "BQ" indicates as defined by the Texas Alcoholic Beverage Code.

(5)

Retail dealer's on-premise (BE): The letters "BE" indicates a retail dealer's on-premise license as defined by the Texas Alcoholic Beverage Code.

(6)

Retail dealer's off-premise license (BF): The letters "BF" indicates a retail dealer's off-premise license as defined by the Texas Alcoholic Beverage Code.

(7)

Prive club registration permit (N): The letter "N" indicates a private club registration permit as defined by the Texas Alcoholic Beverage Code.

(8)

Private club malt beverage and wine (NB): The letters "NB" indicates a private club malt beverage and wine permit as defined by the Texas Alcoholic Beverage Code.

(9)

Private club exemption (NE): The letters "NE" indicates a private club exemption certificate as defined by the Texas Alcoholic Beverage Code.

(10)

Package store (P): The letter "P" indicates a package store permit, as defined by the Texas Alcoholic Beverage Code.

(11)

Wine only package store (Q): The letter "Q" indicates a wine-only package store permit as defined by the Texas Alcoholic Beverage Code.

(12)

Food and beverage certificate (FB). The letter "FB" indicate a food and beverage certificate as defined by the Texas Alcoholic Beverage Code.

(d)

Zoning districts. The first column of table 118-50(1) indicates the zoning districts the table is applicable as follows:

(1)

Light commercial-district is designated as "C-1".

(2)

Medium commercial-district is designated as "C-2".

(3)

Heavy commercial-district is designated as "C-3".

(4)

Government-district is designated as "G" table 118-50(1) - Sale of Alcoholic Beverages.

MB/FB

"C-1"

"C-2"

"C-3"

"G"

(Ord. No. 2024-52, § 8 Added, 12-10-24)

Sec. 118-51. - Planned unit development—"PUD" district.

(a)

(1)

To allow development which is harmonious with nearby areas;

(2)

To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance;

(3)

To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs;

(4)

To encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods;

(5)

To facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment;

(6)

To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and

(7)

(b)

(c)

(d)

(1)

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the city council, and no such approval will be inferred or implied.

(2)

(3)

Front, side and rear setbacks.

Maximum height.

Maximum lot coverage.

Floor area ratio.

Off-street parking requirements.

Special district requirements pertaining to the base zoning.

Number of dwelling units per acre.

Accessory building regulations.

Sign standards.

(4)

In approving a planned unit development, no standards may be modified when such modifications are prohibited by this chapter.

(5)

(6)

The commission and city council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this chapter.

(e)

(1)

(2)

(3)

The commission and/or city council may approve, conditionally approve, request modifications, or deny approval of the preliminary site plan based on evaluation of details with respect to:

The plan's compliance with all provisions of this chapter and other ordinances of the city.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values and negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire fighting and emergency equipment to buildings.

The coordination of streets so as to compose a convenient system consistent with the thoroughfare plan of the city located in the city's comprehensive or master plan.

The use of landscaping and screening:

To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

To complement the design and location of buildings and be integrated into the overall site design.

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

(f)

(g)

(h)

(i)

(j)

(Ord. No. 2012-06, § 3(exh. A), 2-28-12; Ord. No. 2024-48, § 1, 11-12-24)

Note— See editor's note at § 118-46.