Granite Shoals City Zoning Code
§ 40-6
Single-family residential district, R-1.
(a)
Permitted uses.
In Single-Family Residential District, R-1, no building or land shall be used, and no building shall hereafter be erected or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:
(1)
Single-family dwellings.
(2)
Churches and other places of worship.
(3)
Colleges, universities, vocational schools and schools of higher learning.
(4)
Parks, playgrounds, community buildings and other public recreational facilities owned and/or operated by the municipality or other governmental agency.
(5)
Public buildings including libraries, museums, police and fire, and primary or secondary schools.
(c)
Building permit.
A city building permit must be obtained prior to all construction, alteration or demolition.
(d)
Repairs.
Repairs may be made with the approval of the city manager or city manager’s designee without a permit. If the permitted facility is located off-site from the principal residence then the application shall provide the legal description of both properties.
(e)
Approval.
The owner, contractor, architect or engineer authorized to represent the owner shall submit an application on a form prescribed by the city for approval, plans which show dimensions and specifications and the proposed construction to be done, and pay any application fee, if adopted by the city council, to the city manager or city manager’s designee for review. If the permitted facility is located off-site from the principal residence, then the building permit shall be valid so long as the properties are in conformance with the city building codes and the ownership of the two properties is the same. If the ownership of a property changes, the building permit automatically terminates and a new application will be required.
(f)
Garages and accessory buildings.
Garages and accessory buildings shall be of similar appearance in design to the main dwelling; which may be achieved with materials, color, pitch, roofline, trim or other architectural features. There is no square footage limitation on the total area of an approved garage. A single accessory building shall not exceed 500 square feet, and no more than two accessory buildings are allowed on a single lot.
(1)
All property except waterfront property.
All garages and accessory buildings are allowed on the lot adjacent or contiguous to or on the lot on which the primary residence is located.
(2)
Waterfront property.
For waterfront lots, the garage or accessory building may be permitted to be built after January 1, 2016, located on a lot that is directly across the street from the lot upon which the primary dwelling is located or on a lot that is adjacent to either side, but not the rear, of the lot directly across the street from the lot upon which the primary dwelling is located. Any such lot on which a garage or accessory building is located must be tied with an affidavit filed at Burnet County to the lot upon which the primary dwelling is located. Off-site accessory buildings must be on the same street as the lot upon which the primary dwelling is located or on an intersecting street.
(g)
Carports and recreational vehicle (RV) covers.
A carport or RV cover is a site-built structure with at least two open sides, similar in color and design to the main dwelling and adjacent to the main dwelling. A property owner may construct a carport or RV cover on a lot where the main dwelling is located or on a lot adjacent or connected to the main dwelling. Carports must be constructed of a material approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.
(h)
Residential accessory buildings.
Accessory buildings shall be located on the rear half of the lot and shall be located a minimum of five feet from the main building, and shall comply with the side and side street and rear yard requirements.
(i)
Hangars.
Personal hangars are buildings or structures, suitable for the primary use of housing, storing, and sheltering an aircraft, and which may be constructed on any lot bordering the Granite Shoals city-owned airstrip, with or without a residential dwelling on the lot.
(j)
Home-based business.
A Home-based business is an office in a residential dwelling that occupies no more than 25 percent of the total floor area of that dwelling. It is operated by one or more of the residents of that particular dwelling and employs no more than two nonresidents.
(1)
The home-based business is conducted entirely within a dwelling which is the bona fide residence of the practitioner or within an accessory building located on the same property as the dwelling (not to include a driveway, yard or outside area).
(2)
The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home business. No outdoor storage of material related to the home-based business shall be permitted.
(3)
No equipment or materials associated with the home business shall be displayed or stored where visible from anywhere off the premises.
(4)
The business shall emit no external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling.
(5)
Outside signs shall be regulated by the city sign ordinance.
(6)
Child day care as a home-based business shall only be permitted on presentation to the city manager or city manager’s designee of valid permits and licenses as required by the state, and shall be limited to no more than six children other than children living with and related to the applicant, and shall be limited to 12 consecutive hours per 24-hour period.
(7)
Parking and vehicular traffic shall remain reasonable within the neighborhood of the home-based business. No more than two vehicles related to the home-based business may be visible from anywhere off premises.
(8)
The following businesses or occupations shall not be allowed in residential neighborhoods as home-based businesses, including but not limited to: Animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, dancing schools, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. The decision of this city to recognize the importance and validity of home-based businesses in no way should be construed to open the way for a variety of borderline businesses to function in residential areas. The city manager or city manager’s designee should be contacted with any concerns about a business. If necessary the concerns regarding the business must be presented to the planning and zoning commission and then to city council for resolution before the home based business can begin operation.
(k)
Height regulations.
No building shall exceed two stories in height, and no building shall exceed a maximum of 35 feet in height measured from the highest terrain elevation on the front side of the building. For purposes of this subsection, the “front” of the building is the side that faces the street that corresponds to the building’s street address. No more than an additional five feet for chimneys, railings, satellite dishes or other features will be allowed; to 40 feet.
(l)
Yard requirements.
(1)
Front yard.
There shall be a front yard having a depth of not less than 20 feet.
(2)
Side yard.
All lots shall have a side yard of not less than five feet on each side, provided that on a corner lot the side yard on the street side of the lot shall be not less than ten feet and shall extend from front to rear of the lot. Sidewalk/flatwork may be located in the side yard only if all easements have been released from the side yard area where the sidewalk/flatwork is located.
(3)
Rear yard.
All lots shall have a rear yard of not less than five feet.
(4)
Eaves and overhangs.
Eaves and overhangs may not encroach into the front yard, side yard, or rear yard except as follows:
Those portions of eaves and overhangs that extend into the front yard, side yard, or rear yard, that were in existence on July 1, 2016, and that have remained in continuous existence since that date may continue. Any additions to nonconforming structures must conform to same building regulations as new construction.
(5)
Structural encroachments.
A building or structure may not encroach into the front yard, side yard, or rear yard except as follows:
Those portions of a building or structure that extend into the front yard, side yard, or rear yard, that were in existence on July 1, 2016, and that have remained in continuous existence since that date may continue. Any additions to nonconforming structures must conform to same building regulations as new construction.
(m)
Lot requirements.
No residence shall be constructed on any lot containing fewer than 5,000 square feet. Lower Colorado River Authority (LCRA) requirements for septic system may call for greater lot size. A septic system permit shall be obtained from the LCRA before construction of a building is started.
(n)
Off-street parking.
No 18-wheelers, truck tractors, dump trucks, large commercial box trucks, goose-neck trailers or tractor rigs, or any vehicle which requires a class “A” or class “B” Texas Driver’s license to operate, may be parked off-street in any district zoned for residential use. Permitted off-street parking spaces shall be provided in accordance with section 40-16.
(o)
Minimum dwelling requirements.
(1)
Texas Industrialized housing must:
a.
Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for Burnet County.
b.
Have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.
c.
Comply with city building setbacks, side and rear yard offsets, subdivision control, square footage and other site requirements applicable to single-family dwellings.
d.
Be securely fixed to a permanent foundation and installed in accordance to the manufacturers’ specifications. If the typical manufacturer’s foundation is not approved by local authority, a licensed state professional engineer shall design a foundation for this unique home and site.
(2)
No residential dwelling other than a residential dwelling constructed within a personal hangar as defined in subsection (i) of this section shall be constructed, or moved in, which contains fewer than 1,200 square feet of living area (excluding garage); provided, however, that the owner of a residential dwelling that contains fewer than 1,200 square feet of living area may add a garage without expanding the living area of the residential dwelling as long as the residential dwelling complies with other provisions of this chapter. Any new home construction, permitted after January 1, 2016, shall be required to include a minimum of a one-car enclosed garage; which may be attached or detached. For purposes of this subsection, the term “new home construction” does not include renovations, remodeling, or additions. The dwelling shall have a minimum of 16 inches of roof overhang with a vented soffit. The city manager or city manager’s designee may waive the venting requirement if, in his judgment, the additional venting is not required for public safety or health reasons.
(3)
A residential dwelling constructed within a new or existing personal hangar as defined in subsection (i) of this section may not contain fewer than 650 square feet of living area, and must otherwise meet all requirements of the City of Granite Shoals Code of Ordinances, provided, however, that such dwellings within personal hangars are not required to include a minimum of a one-car enclosed garage.
(p)
Fencing.
(1)
Permit required.
A fence permit is required before the construction of any fence. The permit fee shall be found in the General Fee Schedule for the City of Granite Shoals.
(2)
Fence materials.
All fences shall be constructed with good quality materials. Subject to the restrictions below, allowable materials are wood, split-rails, masonry, rock, stone, chainlink, vinyl and composite materials and/or wrought iron.
a.
Chainlink fences are required to have a top rail, bottom guide wire and traditional chainlink fence hardware.
b.
Cinder block or Concrete Masonry Units (CMUs) that have the appearance of cinder blocks shall not be considered a masonry product unless treated with mortar, plaster, or other method that completely conceals the block’s texture and the outline of the blocks (e.g. creating an adobe-like or rock appearance). Decorative CMU’s that mimic rock, stone, or other masonry are permitted.
c.
Except as provided in subsection (p)(2)d or f, agriculture fence materials such as T-Post, rolled wire fence, stranded wire, barbed wire, cow panel, corral panel, and all other types of agriculture fencing shall not be allowed in any residential district. Sheet metal of any kind is not permitted.
d.
Sheets of galvanized welded wire panels of 20 feet or less, framed in wood, metal or masonry are allowed.
e.
Wood restrictions.
i.
Dimensioned or milled lumber is permitted.
ii.
All wood products shall be from a decay-resistant species of wood or treated with the necessary chemicals or coatings to prevent decay.
iii.
Solid sheet lumber or siding panels are not permitted.
iv.
Creosote or similarly-treated wood products such as utility poles and railroad ties are not permitted.
v.
Wood lattice is permitted if framed in wood, metal, or masonry.
vi.
Natural, nonmilled timber or post (hereafter referred to as “timbers”) may be used, provided:
1.
Each like-member of the fence (posts, rails, pickets or panels, etc.) shall be constructed from timber of the same nominal dimensions.
2.
Repeating gaps or open spaces in the fence design shall be of the same nominal dimension and shall be spaced at regular intervals.
3.
Variations in timber length are permitted to achieve a repeating scalloped, peaked, or arched appearance with a maximum height that is consistent with subsection (3), below.
4.
Timbers shall be affixed to one another or to other fencing materials using modem hardware. “Lashing” with rope or wire is not a permitted method of attachment.
5.
Exposed ends of all timbers shall have a clean cut and shall not appear to be broken or splintered.
6.
A fence constructed in whole or in part out of timbers shall have a finished and clean appearance similar to a fence of the same design and constructed of dimensioned lumber.
f.
A wooden fence may be braced by concealed metal posts, including metal pipe, provided that the pipe is not visible from the side of the fence that faces the nearest property line. Pipe used as wooden fence bracing must be of good quality and can be new or used, provided that any nongalvanized pipe must be painted.
(3)
Fence height and location.
a.
Fences may be located on the property line.
c.
Corner lots (with house). For corner lots on which a house is located, the side of the lot that faces the street that corresponds to the building’s street address shall be considered the front yard, and the side of the lot that faces the side street shall be considered the side yard.
i.
No portion of a fence located on a corner lot within the front yard 20 foot setback may exceed 4 feet in height, unless it is less than 50% density.
ii.
The remainder of the yard on a corner lot with a house may be fenced in the same manner as any other side yard adjacent to a street; provided, however, that the fence must have a corner clip on an angle beginning in the front yard at the intersection of the front street right-of-way and a line projecting perpendicular to the front street from the front corner of the house, and ending in the side yard at the intersection of the side street right-of-way and a line projecting perpendicular to the side street from the front corner of the house. See figure 1:
Figure 1.  |
d.
Corner lots (vacant). For corner lots on which no house is located, the yard may be fenced in the same manner as any other side yard adjacent to a street; provided, however, that the fence must have a corner clip on an angle beginning at the intersection of the ten (10) foot side yard setback with the lot line, and ending at a point on the street right-of-way located a minimum of ten (10) feet from the lot line. See figure 2:
Figure 2.  |
e.
No portion of a fence traversing the front facade of a house, whether in the setback or not, may exceed 4 feet in height, unless it is less than 50% density.
f.
Lights, capitals, finials, caps, or other adornments to the tops of any posts, pillars, or columns, shall not exceed allowed fence heights by greater than 12 inches (one foot). Such adornments may not be connected to one another by any means above the fence height restriction.
(4)
Interior fencing.
a.
Nonapplicability, alternate requirements: The above provisions shall not apply to:
1.
Temporary enclosures erected for the purpose of protecting or aiding the growth of a single plant or tree.
3.
Nonperimeter enclosures providing for a garden or any other purpose, excluding subsections (4)a.1 and (4)a.2 above, are further regulated as follows:
ii.
Interior fences may not be located in the front or adjacent yard front setback.
iii.
Interior fences may only be located on a lot or adjacent lots on which the permit applicant resides.
iv.
Interior fences shall not be located nearer than 20 feet to the property line adjacent to any public right-of-way unless the interior fence is obscured on the permitting property from a viewer, for example by a privacy fence, on that public way.
v.
The interior fence height may not exceed 8 feet.
vi.
Posts shall be set and maintained as near to vertical as is possible. T-posts and un-milled cedar posts are allowed.
(q)
Easements.
No structure, or portion thereof, including sidewalk/flatwork, may encroach on any easement.
(r)
House addresses.
The primary dwelling at each address shall display that address so as to be readable from the street, conforming to city ordinance.
(s)
Exterior lighting.
No lighting shall be done in such a manner as to provide a direct or reflected glare into a nearby residence or into a public street that creates a driving hazard. Lighting shall be hooded or shielded. This excludes streetlights.
(t)
Driveways.
Each location having a driveway for ingress/egress onto the property shall have a driveway approach with drainage culvert, if required. The driveway drainage design, and placement of culverts, shall be determined by city staff. All driveway and driveway approaches shall be constructed of concrete, asphalt material, brick, pervious block, or gravel. All concrete driveways or the concrete ribbons shall be reinforced. The driveway approach shall be graded to match the level of the roadway and shall have a separator at the front property line. Driveways may be placed over the front public utility easement only. The portion of a driveway that encroaches on an easement will be removed at the property owner’s expense should the city require use of the easement for public utility purposes after the driveway has been installed.
(u)
Drainage.
(1)
For only new construction that will affect the drainage patterns on the property, if city staff determines that civil engineering services are necessary, the lot owner shall pay all engineering fees. A property owner who plans to build a structure over a culvert or natural drainage shall have the design approved by city staff. A stamp from a civil engineer shall be required before a building permit is granted.
(2)
Any and all existing lots having natural drainage on or across them shall be evaluated by city staff.
(Ordinance 409, sec. VII, adopted 8/24/04; Ordinance 409A, sec. 2, adopted 12/7/06; Ordinance 409-C, secs. II.C–II.E, adopted 8/13/08; Ordinance 651, sec. II, adopted 7/22/14; Ordinance 663, sec. II, adopted 7/28/15; Ordinance 691, sec. II(B), adopted 6/28/16; Ordinance 708 adopted 3/28/17; Ordinance 727 adopted 3/13/18; Ordinance 750 adopted 2/26/19; Ordinance 752-A, sec. IIB, adopted 3/12/19; Ordinance 765, sec. III(B), adopted 8/27/19; Ordinance 779 adopted 1/28/20; Ordinance 765-A adopted 7/14/20)