Horseshoe Bay City Zoning Code
ARTICLE 14
02 ZONING ORDINANCE 1
§ 14.02.001 Title and purpose.
(a)
This article, as amended, shall be known and may be cited as the “City of Horseshoe Bay Zoning Ordinance.”
(b)
As authorized by chapter 211 of the Texas Local Government Code, the zoning regulations and zones established herein have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City of Horseshoe Bay. They have been designed to lessen the congestion in the streets; secure safety from fire, panic and other dangers; ensure adequate light and air; prevent the overcrowding of land and thus avoid undue concentration of population; and facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. These rules have been made with reasonable consideration, among other things, for the character of each zone and its particular suitability for the uses specified; and with a view to conserving the value of buildings and attributes and to encouraging the most appropriate use of land throughout the city.
(Ordinance 07-09-18E, sec. 1.1, adopted 9/18/07)
§ 14.02.002 Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular; words in the singular include the plural. The word “shall” is always mandatory. The word “may” is discretionary. The word “herein” means in this article.
A subordinate building, constructed or erected, the use of which is clearly incidental to, or customarily found in connection with, and located on the same lot as, the use of the main building or principal use of the land. Accessory buildings include casitas and garages. An accessory building is an accessory structure.
A subordinate structure which requires permanent location on the ground or is attached to something having location on the ground, the use of which is clearly incidental to, or customarily found in connection with, and located on the same lot as, the use of the main building or principal use of the land. Accessory structures include decks, fences, bulkheads, private sidewalks, retaining walls and swimming pools. An accessory structure may be an accessory building.
A use incidental and subordinate to the primary use of the main building or to the primary use of the premises and that is located upon the same lot therewith.
Any device that is used or intended to be used for flight in the air, including but not limited to planes, gliders, ultra-light airplanes, hot air balloons, helicopters, and parachutes.
A place where aircraft can land and take off that is usually equipped with hangers, facilities for aircraft refueling and repair, and various accommodations for passengers.
Any building, or portion thereof, which is designed or occupied as the home or residence of three (3) or more households living independently of each other and doing their own cooking in the said building and shall include flats and other multifamily dwellings.
Architectural control committee utilizes design guidelines that are intended to provide guidance for all residential and commercial development and construction-new buildings, building additions, site work and landscaping, as well as any subsequent changes or alterations to previously approved plans or existing structures and landscaping in a private subdivision.
A congregate residential facility for ten (10) or more handicapped persons or persons over fifty-five (55) years, regardless of relationship, who need limited assistance with daily activities. Full-time medical or nursing care is not typically provided but may be arranged on a temporary basis.
A large building or room within a building that accommodates an audience and is utilized for public meetings or performances.
See definition of “Off-street parking” and “Parking lot.”
An establishment selling fuel for motor vehicles or performing any of the following services on motor vehicles:
An on-premises alcohol sales use that must obtain approval of a Texas Alcoholic Beverage Commission permit or license.
A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the natural contour line or grade.
A structure for changing clothes and for enclosing pool equipment.
To ride or propel a device commonly known as a bicycle, unicycle, tricycle or similar nonmotorized device; or to ride or propel a device commonly known as a scooter, with a deck designed to allow a person to stand or sit while operating the device, and includes such a device whether powered by electricity, gas, human or other power.
The board which is authorized to make special exceptions and variances to the zoning ordinance, and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance.
A constructed pedestrian walkway along or overlooking a waterway, usually built of wood and/or stone. Boardwalks can be public or private property but are generally open for public access and enjoyment of the waterfront, and usually in conjunction with commercial, retail and multifamily residential uses. In this context the boardwalk becomes a public promenade, and should include appropriate seating, shade, lighting, landscaping, and other amenities. Other compatible uses might include performing spaces, day slips or docks, walk-up kiosks or accommodations for special events. Boardwalks can also serve as linkages between larger uses, such as connecting between a landside and peninsula development.
An aquatic vehicle that may be motorized or nonmotorized. Such term includes but is not limited to: jet skis, catamarans, tri-marans, canoes, kayaks, sailboats, and houseboats.
A boat slip, day dock or boat house, which is used to dock boats temporarily or permanently. A boat dock may also include a boat lift.
A boat slip with a roof over it, which can be located at the water’s edge, over water or in dredged areas behind the water’s edge on waterfront lots. A boat house may include a boat lift and may also include a walled and/or roofed storage structure on the first level of the land side of the boat house, subject to the approval of the appropriate architectural control committee of the subdivision in which the boat house is located.
A dock consisting of wooden posts, concrete walls, or approved pilings driven into the lake bottom, with an attached walkway or platform surrounding the area where the boats are to be stored. A boat slip may extend over the water and beyond the property line, as approved by the appropriate architectural control committee of the subdivision in which the boat slip is located.
A small retail shop that specializes in gifts, fashionable clothes, and accessories and is generally not affiliated with a national chain. It may be associated with handcrafted or specialized products or services, including entertainment and “lifestyle” items. Boutique uses are limited small-scale commercial uses that can exist proximate to neighborhoods without adversely affecting the residential environment. An assemblage of boutiques into a village or shopping area would be considered a boutique development.
Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property of any kind. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
The building inspector is the person charged by the city with the enforcement of the building codes of the city.
A line parallel or approximately parallel to the street property line and beyond which buildings may not be erected.
The evidence of approval by the city that must be obtained by a property owner in order to erect, construct, enlarge, alter, repair, move, improve, or convert any real property within the city.
A wall or an embankment along a waterfront that acts as a protective barrier, and can be a stone or concrete barrier. Bulkhead areas can be constructed of logs, rip-rap, etc. at their base. In Zone 7 The Peninsula, bulkheads can only be made of stone.
A use that provides for executive, management, or administrative services. Typical uses include, but are not limited to:
A small structure, that could be open-air, that provides an outdoor shade space, and is not used for living space.
A smaller single-family dwelling with between 1,400 and 1,700 square feet, and having a garage, carport or paved parking area.
An accessory structure that is open on a minimum of two sides and designed to shelter motor vehicles.
An accessory structure with living facilities, except for the absence of a stove or oven, which does not make it a complete kitchen, and thus a second residential unit on the lot.
An official certificate issued by the development services department which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.
The City of Horseshoe Bay, a Home Rule municipality located in Llano County, Texas and Burnet County, Texas
The governing body of the city.
The chief administrative officer for the city.
The Zoning designation(s) given to all property within the city’s jurisdiction which allows a landowner to utilize the property in a certain manner. For example: R-1 Residential, C-2 Commercial, A-1 Recreational and GUI Governmental/Institutional/Utility.
A use that includes the sale, rental, servicing, and distribution of goods, and the provision of services, other than those classified as industrial or governmental uses.
A vehicle, in excess of one ton, designed, used, or maintained primarily to load, transport, and unload material or property. The term “commercial vehicle” includes trailers, regardless of size, used to load, transport, and unload material or property.
Private property that is designated for the private use of the owners or occupants of the area. Uses include, but are not limited to, recreation areas, parks and plazas, ornamental areas open to the general view within the subdivision, and building setbacks not otherwise required by ordinance. The term does not include public or private streets, required building setbacks or utility easements.
Any common area and any areas within public rights-of-way, easements (public and private), parks, private streets, and any improvements, landscaping areas, or areas within a lot but outside the front, side, and rear setback lines.
A development found on property classified as R-1 Family Homestead, wherein one single-family dwelling is initially placed on an unplatted lot, and additional dwellings and/or guesthouses may be added on lots subdivided from the original tract. The dwellings in this development are either occupied by people who are part of the same family, to more readily permit subdivision of large family homesteads for distribution among family members, or are used as a retreat by a corporation or organization.
A document adopted by the city that consists of graphic and textual policies which guide the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city. Also known as the Long-Range Plan.
A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
A form of real property ownership wherein an individual owns a building or separate portion of a building or airspace within a building, plus joint ownership of the common areas which include the remainder of the building and the land.
An imaginary line on the ground, along which, all points are at the same elevation in relation to a specified datum.
A usually small, single-story, one-family dwelling or vacation house.
A street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround.
A concrete walk or wooden dock running along the waterfront to allow temporary docking of boats or watercraft.
An exterior floor made of concrete, wood or other hard surface, whether covered or not, attached to a building, a platform, or an open or enclosed area attached to the outside of a building, or an outdoor space for dining or recreation that adjoins a residence.
Provisions placed in deeds to control how future landowners may or may not use the property. Also known as covenants conditions and restrictions (CCR).
The department of the city that is designated responsible for administering these regulations.
The administrator of the Development Services Department.
The administrator of the development services department.
Any structure, natural or man-made, including but not limited to drains, channels, ditches, gutters, arched structures, culverts, detention areas, water quality areas and piping that is intended to assist with the direction of the flow, alteration of the natural flow and/or removal of water from the surface area of a lot.
A paved road, usually private, leading from the street to a dwelling unit or group of dwelling units, accessory structure(s), or other building(s), and privately maintained by the owner of the lot.
A dwelling unit consists of one or more rooms that contain lawful cooking and sanitary facilities, inhabited by one or more persons living together and maintaining a common household, in a residential building or residential portion of a building.
A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.
A type of detached, single-family dwelling unit with a zero lot line allowed on at least one side of the lot.
A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one (1) family.
A detached dwelling unit with kitchen(s) and sleeping facilities, designed for occupancy by two (2) families.
A grant of one or more of the property rights by the property owner to or for the use by the public, a utility corporation or another person or entity.
The height above (or below) a fixed reference point or datum (usually sea level).
An accessory structure that completely surrounds an area or other structure.
The unincorporated area that is contiguous to the corporate boundaries of the city and that is located within one mile of those boundaries. Also known as ETJ.
One or more persons related by blood, marriage or adoption; or a group not to exceed four (4) persons not all related by blood, marriage, adoption or guardianship, occupying a dwelling unit.
A constructed upright structure or barrier which may be made of split-rail, cedar, metal picket, stone, or brick. A fence can also be a wall. A fence is an accessory structure.
Natural material brought in to a lot to level the surface grade of such lot. All fill material shall be clean and shall not cause any claims for hazardous materials or environmental (especially water) degradation.
An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the Federal Emergency Management Agency’s flood insurance rate map (FIRM) for the city.
The contour line or elevation, at which any lands below such elevation are susceptible to being inundated by water from any source.
The sum of the heated and air-conditioned horizontal areas of each story of the dwelling for the purpose of computing the minimum dwelling unit size. The floor area is exclusive of areas of unfinished attics, attached garages, breezeways, and covered porches.
An accessory building for private storage of one or more motor vehicles enclosed on all sides and having a door large enough to allow vehicles to enter and exit.
Single-family lots generally forty (40) feet to fifty (50) feet in width with recorded five (5) foot side yard easements on one side of the lot in favor of the adjacent lot abutting said easement and having special restrictions on the face of the recorded plat governing the use of said easements.
A residential development enclosed by a fence with access provided only with keys or mechanized gates allowing traffic into and out of the development.
A point, route or corridor of visual interest that identifies an area, such as the city, a neighborhood or subdivision, and is a welcoming point. The gateway should convey the city’s identity and character of the area that it represents, and any development should include high quality public landscape, hardscape of appropriate size and scale as defined by the surrounding zoning and architectural guidelines. A gateway area may be a combination of public and private elements.
The purpose of the Gateway Overlays (Gateways) is to protect and enhance the entrance corridors to the city with landscaping, setbacks, and special design standards. The intent of the Gateways are to establish entrance corridors that herald the approach to the City, define the arrival to a destination, and link common elements together.
A small separately designed garage for golf cart storage attached to a required garage.
The surface level adjoining a building or dwelling unit at all exterior walls. It can also mean the action by which soil, rock or other material is dug, uncovered, removed, displaced or relocated to improve the lot’s surface area.
An area intended to establish and preserve peaceful, safe, and attractive, natural, or undisturbed areas and drainageways and may contain hiking, jogging, nonmotorized biking, and nature trails and accessory structures, parking, and other incidental uses.
An attached accessory structure located on the same lot as the primary dwelling unit and used occasionally for habitation for guests but not for remuneration.
A row or line of closely planted (usually evergreen) shrubs or small trees forming a fence or boundary.
An occupation carried on in a dwelling unit, or in an accessory structure to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes.
Total horizontal area of man-made improvements covering the natural land surfaces creating a low capacity for soil infiltration, including roads, driveways, parking areas, sidewalks, crushed granite, buildings, roof overhangs, decks, compacted earth or other human structures or improvements, the presence of which increases runoff and affects the quantity and composition of nonpoint source water. Usually (but not always) expressed as a percentage of the entire lot.
Any building, pavement, compacted earth, or other man-made use, (permanent or temporary) on any lot. Improvements may also be the installation of utilities, water, sewer extensions, streetlights, signs, water quality facilities, walls, bulkheads, and all other installations associated with developing a subdivision or lot in accordance with the city’s ordinances.
Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls, or fences, but excluding paving.
A parcel of land that has been platted and legally recorded with Llano County or Burnet County, as applicable, and has been granted legal lot status by the city in accordance with the city’s ordinances.
A dwelling, other than a hotel or motel, where for compensation and by prearrangement for a definite period, lodging is provided.
A platted parcel of land that is occupied or intended to be occupied by one main building or a group of main buildings, and any accessory structures which includes parking, landscaping, and open spaces as may be required by any ordinance or other law, and also which has its principal frontage on a public or private street.
The total area, measured on a horizontal plane, included within lot lines.
A lot generally situated behind another lot or lots that does not have the required frontage on the street and is accessible from the street only over an access strip that is owned by the owner of said flag lot.
Lines along a lot as defined herein:
Lot width.
Width of a lot at the front building line.
Lot, corner.
A lot situated at the junction of two (2) or more streets.
Lot depth.
The mean horizontal distance between the front and rear lot lines.
Lot, double frontage.
A lot having frontage on two (2) essentially parallel streets.
Lot, interior.
A lot other than a corner or double frontage lot.
Lot line, front.
The narrower side of the lot abutting a street.
Lot line, rear.
The lot line farthest from and most parallel to the front lot line.
Lot line, side.
Any lot line not the front or rear lot line.
Lot, reverse corner.
A corner lot, the rear of which abuts the side lot line of another lot.
A prefabricated housing product constructed on or after June 15, 1976, that is typically manufactured or assembled at a location other than the end user’s permanent site, meeting the construction standards of the United States Department of Housing and Urban Development.
That form of construction comprised of brick, stone, granite, marble, concrete, hollow clay tile, concrete block or tile, brick veneer, exterior plasters, including stucco, or other similar building units or materials or combination of these materials laid up unit by unit and set in mortar.
Medical clinics or offices.
Where one or more physicians examines and treats ill and afflicted humans including those generally referred to as doctor and dental offices. Human outpatient services are provided; patients are not kept overnight.
Hospital.
Institution providing health services primarily for human inpatient medical or surgical care for ill and afflicted humans including associated labs, outpatient departments, training facilities, central service facilities, and staff offices.
A dwelling built upon or having a permanent frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted. A mobile home is also defined as any manufactured home that was constructed prior to June 15, 1976.
A single-family dwelling unit that consists of multiple modules or sections that are manufactured in a remote facility and then delivered to their intended site for use where they are assembled on a permanent, fixed foundation and constructed to the same local building codes as site-built homes.
A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public and may provide additional services, such as restaurants, meeting rooms, housekeeping services, parking, and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.
As is defined in section 502.001, Texas Transportation Code. For purposes of this article, mopeds and all-terrain vehicles (ATVs), as those terms are defined under section 502.001, Texas Transportation Code, are classified as motorcycles.
As is defined in section 502.001, Texas Transportation Code.
Land that is in its natural state, not graded or altered.
A building or structure or portion thereof lawfully existing at the time this article became effective or from amendments thereto, which no longer conforms to the zoning regulations of the zone in which it is located.
A use that lawfully existed before the time this article became effective, which no longer conforms with the use regulations of the zone in which it is located.
Any offensive or unpleasant thing which annoys or disturbs a person of ordinary sensibility in the free use, possession, or enjoyment of his property or which endangers one’s health or life or property, such as but not limited to: noise, dust, smoke, fumes, odors, glare, flashes, heat, electronic or atomic radiation, effluent (inadequately treated sewer or septic tank surface outflow), vibration, shock waves, gases, unlawful diversion of drainage onto adjacent property, unshielded yard or building lighting, electrical or magnetic interference.
A room or group of rooms used for provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utility organizations and associations, but excluding medical facilities.
An area not on a public or private street designed and paved in accordance with the city’s standards that is used for the parking of a motor vehicle by means of a driveway that connects the parking space with the public or private street.
Areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be permitted to be devoted to landscaping, preservation of natural features, patios and recreational areas and amenities.
The keeping, displaying or storing, outside a building, of any goods, materials, merchandise or equipment on a lot for more than twenty-four (24) hours. This term does not include storage within buildings that is visible from a public right-of-way via open doorways or windows.
means a manufactured, noncombustible, enclosed container designed to hold a fire for decorative or cooking purposes.
Zoning provisions “on top of” those already in force through the municipal zoning ordinance. An overlay zone can be used to conserve natural resources or realize development objectives without unduly disturbing the expectations created by the existing zoning ordinance.
see definition for “Tract.”
A ground level area, not on a public or private street, paved in accordance with the standards established by the city, for the short-or long-term parking of motor vehicles.
A walkway or path between the street and the entrance to a building.
The planning and zoning commission of the city, established in accordance with the statutory authority of the city, and having the authority to recommend changes in the zoning of property, review and recommend approval or disapproval of subdivision plats and other planning functions.
Any vertical-extending flagpole, ship’s mast, flagstaff, rod, shaft, stick, post, staff, baton, or stake that is attached to or on the ground.
means a fence, building wall or other barrier that completely surrounds and obstructs access to a swimming pool.
A carriage entrance leading through a building or wall into an interior courtyard, or a roofed structure covering a driveway at the entrance of a building to provide shelter while entering or leaving a building.
An establishment providing social or dining facilities which may provide alcoholic beverage service to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of title 3, chapter 32, Vernon’s Texas Codes Annotated, Alcoholic Beverage Code, as the same may be hereafter amended, and as it pertains to the operation of private clubs.
A recreation facility, park or playground which is not owned by a public agency or governmental unit, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.
A vehicular roadway under private ownership and maintenance that is not intended for use by the general public and may have its access controlled or restricted. Private streets normally serve residential properties on individual lots but may be used in commercial developments as well.
Work performed which is commonly identified as a profession and which may be licensed by the State of Texas. Typical uses include, but are not limited to, attorneys, real estate brokers and agents, accountants, insurance agents, draftsman, engineers, and surveyors.
A building owned or under the management of a properly formed association created for the benefit of a particular group of homeowners in a specific subdivision.
Any building, land, area or facility, including maintenance and storage yards and shops, which is owned, leased, primarily used and/or occupied by any governmental unit or agency of the following: the State of Texas, the United States of America, the city, or any other political subdivision. Any facility that is owned, leased, used or occupied by the city may also be defined as municipal facility.
A vehicle designed for temporary or short-term human occupancy for travel, recreational or vacation uses. Such term shall include travel trailers, pickup campers, motor homes, converted buses, and tent trailers, but shall not include a mobile home.
Any area or tract of land where one or more trailer, camper or recreational vehicle lots or spaces are designed, improved or intended to be used for short- or long-term occupancy. The facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, and recreation, playground, or open space areas.
Overnight lodging, restaurants, recreational facilities and amenities and/or meeting rooms that are designed to provide for all the needs of members and visitors to the resort.
A building or room(s) within a building that is utilized by the developer, owner or employees of a resort facility to accommodate the business functions and services for such resort facility and are not intended to be used by the guests of such facility.
An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and where the gross receipts derived from the sale of alcoholic beverages from on-premises sales shall not exceed fifty percent (50%) of the restaurant’s overall gross receipts. The term “restaurant” includes cafes and tea rooms.
An eating establishment specializing in foods prepared and served quickly and designed to permit customers to remain in their motor vehicle either on-premises or through a drive-through facility. Customer service from a counter and on-premises seating may also be provided.
An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
means a wall designed to resist the lateral displacement of soils and other materials.
See “Lot, reverse corner.”
To ride or propel a device commonly known as roller skates, roller blades, skateboards or similar nonmotorized devices.
To shield, conceal, and/or effectively hide from the view of a person standing at ground level on an abutting public site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.
means a covering to screen accessory structures such as pool equipment, electrical boxes and other outside items from view, which is designed to be similar to the principal structure.
A private sewerage facility, disposing of sewage through soil absorption, including as components: the line from the building to the septic tank, the septic tank(s), soil absorption system or evapotranspiration beds.
An accessory structure in a residential classification for the sole use and occupancy of a member of the immediate family or for a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.
The minimum required distance between the property line and the building line. (See appendix B).
Any public or private system for the collection, treatment, and disposal of sewage operated in accordance with the terms and conditions of a permit from the Texas Commission on Environmental Quality (TCEQ).
Any septic system, or other facility, system or method for the storage, treatment, or disposal of sewage other than an organized disposal system operated in accordance with the terms and conditions of a permit from the TCEQ.
A group of stores, offices, restaurants, and other businesses having a common parking lot, developed as a unit.
The intersection of land with the surface of a body of water. In the case of Lake Lyndon B. Johnson (LBJ), the shoreline is defined as the 825-foot contour line.
A site plan is an architectural plan, landscape architecture document, and a detailed engineering drawing of proposed improvements to a given lot. A site plan usually shows a building footprint, travel ways, parking, drainage facilities, sanitary sewer lines, water lines, trails, lighting, and landscaping elements. Such a plan of a site is a “graphic representation of the arrangement of buildings, parking, drives, landscaping and any other structure that is part of a development project”. A site plan is a “set of construction drawings that a builder or contractor uses to make improvements to a property. Site plans are often prepared by a design consultant who must be either a licensed engineer, architect, landscape architect or land survey.
An establishment that offers for sale or sells memberships for a program of physical exercise, or other forms of physical enhancements, including but not limited to massages, facials, saunas, whirlpools, jogging tracks, or martial arts equipment in a facility designed for such programs. The term does not include physical rehabilitation.
A nonconforming use that may be authorized by the board of adjustment if the applicant can show, to the satisfaction of the board of adjustment, that the use requested meets all applicable conditions and standards contained in the zoning ordinance.
A surfaced facility (indoor or outdoor) that can be used for multiple sports, including, but not limited to tennis, basketball, and volleyball.
Any thoroughfare that is not dedicated to the public or maintained by the city as a public street. A vehicular accessway under private ownership and maintenance.
Any thoroughfare or public way that has been dedicated or deeded to the public for public use, and provides vehicular access to adjacent land.
Anything constructed or erected which requires location on the ground, or attached to something having a location on the ground, including, but not limited to, buildings of all types, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary and retaining walls.
The division of a tract of land where the resulting lots or parcels differ from the existing configuration for the purpose of transfer of ownership; dedication of streets, alleys, or easements; or development, as that term is defined in this Code. For example, the division of one lot into two or more lots or the division of more than two lots into a lesser number of lots. Subdivision includes “re-plats.”
A rough floor, usually of concrete, laid as a base for a finished floor.
Any structure intended for swimming or recreational bathing that contains water over 18 inches deep, and includes in-ground and above-ground on-site constructed and one hundred percent (100%) enclosed structures and includes, but is not limited to hot tubs, spas, and wading pools.
A swimming pool constructed for the use of the public or a private group but general use of such facility is for a fee.
Occupancy is defined as any temporary or permanent storage of personal items in any part of the residence, staging of a house that is for sale, and any human residency. A TCO can be issued to allow occupancy while work on outstanding items is being done and prior to issuance of a final certificate of occupancy.
An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in motor vehicles.
A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.
A dwelling unit on an individual lot that is part of a series of three or more dwelling units having common side walls with one or more adjoining dwelling units in a townhouse row.
A single individual parcel of land or lot.
The purpose for which land or buildings are or may be occupied in a zoning district.
A modification to or variation from the specific provisions of this article, as applied to a specific piece of property which, because of special conditions or circumstances of hardship peculiar to the particular piece of property, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. A variance must be granted by the board of adjustment of the city.
An upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building.
An establishment that sells goods for delivery away from the premises to a person other than the ultimate customer.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this article.
A side lot line on which a structure is permitted to be located all the way to the edge of the lot; the side yard width is zero.
A designation applied to any certain land area within a specific subdivision of the city stipulating the uniform limitations and requirements of land usage and development.
The official map maintained by the city upon which the boundaries of the various zoning districts are drawn and which is an integral part of this article.
(Ordinance 07-09-18E, app. A, adopted 9/18/07; Ordinance 08-10-21B, sec. II(a), adopted 10/21/08; Ordinance 10-06-15A, sec. II, adopted 6/15/10; Ordinance 10-06-15C, sec. II, adopted 6/15/10; Ordinance 12-07-03B adopted 7/3/12; Ordinance 2018-19, sec. II, adopted 9/18/18; Ordinance 2019-21, sec. III, adopted 3/19/19; Ordinance 2019-21, sec. X, adopted 3/19/19; Ordinance 2021-12, sec. IV, adopted 4/13/21; Ordinance 2021-28 adopted 8/24/21; Ordinance 2021-36, sec. II, adopted 9/21/21)
§ 14.02.003 Zoning map.
(a)
Division into zones.
The City of Horseshoe Bay is divided into zones, many of which are named for existing subdivisions. The zoning map consists of a master map of the city that identifies the boundaries and location within the city of each zone (Original Subdivision), said map being adopted as a part of this article as fully as if the same were set forth herein in detail.
(b)
One original of the zoning map shall be filed in the office of the city secretary. In case of any question or conflict with any other map, that original, together with amending ordinances and amendments to the map, shall control.
(c)
One or more copies of the original zoning map shall be maintained in the development services office in city hall, where it shall be used for reference and shall be maintained up-to-date by posting thereon all amendments to the original zoning map. Reproductions for informational purposes may only be made from the original zoning map or a copy that has been certified by the development services office that it has been updated to contain all amendments.
(d)
Zoning map amendments.
Any changes made to a zone’s boundaries shall be made on the original zoning map (and map copy or copies) promptly after the amendment has been approved by the city council.
(Ordinance 07-09-18E, sec. 1.2, adopted 9/18/07; Ordinance 2021-36, sec. II, adopted 9/21/21)
§ 14.02.004 Zoning classification boundaries.
(a)
Boundary delineations.
The zoning classification boundary lines shown on the zoning map are usually along streets, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of zones as shown on the zoning map, the following rules shall apply:
(1)
Boundaries indicated as approximately following the centerline of streets and highways shall be construed to follow such centerline.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following city limits shall be construed as following city limits.
(4)
Boundaries indicated as following the centerline of creeks, streams or drainageways shall be construed to follow such centerline, and in the event of change in the centerline shall be construed to move with such centerline.
(6)
Whenever any street or other public way is vacated by official action of the council or whenever such area is authorized for building purposes, the zone classification line adjoining each side of such street or other public way shall be automatically extended to the centerline of such vacated street or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended zone classification.
(7)
The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification shall not apply to the street.
(Ordinance 07-09-18E, sec. 1.3, adopted 9/18/07)
§ 14.02.005 Compliance required.
(a)
Compliance required hereafter.
All land, buildings, structures or appurtenances thereon located within the City of Horseshoe Bay, Texas which are occupied, used, constructed, erected, removed, placed, demolished, or converted after the effective date of this article shall be occupied, used, erected, altered, removed, placed, demolished or converted only in conformance with the zoning regulations prescribed for the zone in which such land or building is located, as hereinafter provided, or such shall be subject to penalties, as provided in this article. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise. No building shall hereafter be erected or altered:
(b)
Zoning and platting.
No preliminary or final plat applicable to land that is located within the city limits shall be submitted for approval until the area contained within the plat has been zoned for the proposed use of the property. The zoning request and plat can be considered for approval simultaneously.
(c)
Setbacks, yards, and open spaces.
No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this article, nor shall a part of a yard or other open space required by this article for any building or lot be included as a part of a yard or other open space similarly required for another building or lot.
(d)
Characteristic of land.
Zoning is considered to be a characteristic of the land rather than a characteristic of the landowner. Zoning cannot be bought or sold. The designated land use for a tract runs with the land, and is not transferable by the property owner.
(e)
Other regulations.
No uses shall be allowed that are prohibited by state or federal law or that operates out of compliance with state or federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Department of State Health Services (DSHS), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable state or federal agency, as the case may be.
(Ordinance 07-09-18E, sec. 1.4, adopted 9/18/07)
§ 14.02.006 Zoning upon annexation.
(a)
All territory hereafter annexed into the city shall be temporarily classified as A-1 Recreational if vacant, or R-1 Single-Family Residential, if developed, in Zone 3 Horseshoe Bay West, pending subsequent action by the P&Z and council for rezoning.
(b)
In an area temporarily classified as A-1 Recreational (interim) or R-1 Single-Family Residential (interim), no permits for the construction of a building, site improvements or use of land other than uses allowed in both said districts under this chapter shall be issued by the city.
(c)
The zoning of a land parcel after annexation, and after being initially zoned A-1 Recreational or R-1 Single-Family Residential, whether by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as set forth in section 14.02.265 of this chapter and all other applicable state laws.
(d)
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation. No annexation application may be made conditioned upon the approval of any particular zoning classification.
(Ordinance 14-06-10A adopted 6/10/14)
§ 14.02.007 Properties not in an established zoning district.
Any property under the city’s zoning jurisdiction that is not in one of the city’s zoning districts hereafter is considered to be under the zoning regulations of zone 3 Horseshoe Bay West.
(Ordinance 12-02-21D adopted 2/21/12)
§ 14.02.401 Zones and classifications established.
The city is hereby divided into the following zones. Each zone contains the classifications as set out herein. The zones and classifications established shall be known as follows:
ZONES | CLASSIFICATIONS |
|---|---|
Zone 1 (Applehead Island) | R-1 Single-Family Residential |
A-1 Recreational | |
Zone 2 (Applehead) | R-1 Single-Family Residential |
R-4 Multiple Residential | |
GH Garden Home | |
A-1 Recreational | |
Zones 3 and 4A & 4B (Horseshoe Bay) | R-1 Single-Family Residential |
GH Garden Home | |
R-2 Two-Family Residential | |
R-4 Multiple Residential | |
MURC-1 - Mixed Use Residential and Commercial for Marina Village in Zone 4A | |
R-6 Apartment, Townhouse, Cottage | |
M-1 Manufactured Home / Modular Home | |
C-2 General Commercial | |
A-1 Recreational | |
MA-1 Marina | |
GUI Governmental, Utility, Institutional | |
F-1 Fly-In Community & Business Park | |
Zone 5 (Bay Country) | R-R Rural Residential |
Zone 6 (Pecan Creek) | R-6.5 Single-Family Residential |
R-16 Single-Family Residential | |
A-1 Recreational | |
GUI Governmental, Institutional, Utility | |
Zone 7 (Peninsula) | R-1 Single-Family Residential |
Zone 8 (Matern Island) | R-1 Single-Family Residential |
A-1 Recreational | |
Zone 9 (Escondido) | R-1 Estate Single-Family Residential |
R-1 Villa Single-Family Residential | |
R-6 Casita | |
C-2 General Commercial | |
Zone 10 (Siena Creek) | R-1 Single-Family Residential |
R-1 Single-Family Townhouse | |
Zone 11 (The Trails) | R-1 Single-Family Residential |
Zone 12 (Summit Rock) | R-1 Cabins Single-Family Residential Only |
R-1 Cottages Single-Family Residential Only | |
R-1 Estates Single-Family Residential Only | |
R-1 Golf Single-Family Residential Adjacent to Golf Course | |
R-1 Family Homesteads (8-12 Acre Tracts) | |
R-1 Villas | |
R-2 Villas | |
R-4 Cabins Multifamily Residential | |
R-4 Multifamily Residential - Condominiums, Townhomes and Apartments | |
C-2 Commercial | |
C-3 Commercial | |
A-1 Recreational | |
DR Development Reserve | |
GUI Governmental, Utility or Institutional | |
Zone 13 (Caprock) | (Currently subject to Moratorium) |
Zone 14 (HSB Blvd. Corridor) | All Classifications below are the same as those in Zones 3 & 4A, some with additional Planned Development Zoning Authorizations (PDZAs) |
Tract One - Tract CCC-1 Horseshoe Bay Plat 21.16 | C-2 General Commercial with PDZA |
Tract Two - Tract J-9 Horseshoe Bay Plat 28.48 | R-6 Multifamily Residential |
Tract Three - Tract J-5 Horseshoe Bay Plat 28.36 | R-6 Multifamily Residential |
Tract Four - Tract J-7 Horseshoe Bay Plat 28.49 | C-2 General Commercial - All uses under A-1 are permitted and with PDZAs |
Tract Five - Lot 28043-C Horseshoe Bay Plat 28.52 | C-2 General Commercial - Surface Parking Lot |
Tract Six - Lot 28026-A Horseshoe Bay Plat 28.51 | C-2 General Commercial - Surface Parking Lot |
Tract Seven - Lot 28050-A Horseshoe Bay Plat 28.50 | C-2 General Commercial with PDZA |
Tract Eight - Lot 15061-A Horseshoe Bay Plat 15.70 | C-2 General Commercial with PDZAs |
Tract Nine - Tract J-8 Horseshoe Bay Plat 28.53 | C-2 General Commercial - All uses under A-1 are permitted and with PDZAs |
Tract Ten - Tract BBB-3 Horseshoe Bay Plat 15.27 | C-2 General Commercial - Surface Parking Lot |
Tracts Eleven A and Eleven B | C-2 General Commercial - Surface Parking with Landscaping |
11-A - Lot 15041-A Horseshoe Bay Plat 15.63 | |
11-B - Tract AAA-5 Horseshoe Bay Plat 64.2 | |
Tract Twelve - 6.1 Acres of Tract AAA-2A Horseshoe Bay Plat 64.3 | C-2 General Commercial with PDZAs |
Tract Thirteen - Tract AAA-2B Horseshoe Bay Plat 64.4 | M-1 Marina with PDZAs |
Tract Fourteen - Lot 15030 Horseshoe Bay Plat 15.1 | R-1 Single-family Residential |
Zone 15 (Airport) | R-1 Single-family Residential, C-2 General Commercial, AM-1 Airport Mixed Use |
Zone 16 (Lake Areas and LA Lake Area) | LA Lake Area |
Zone 17 (The Hills) | RR Rural Residential |
Zone 18 (The Parks at Horseshoe Bay) | A-1 Recreational |
C-2 General Commercial | |
DR Development Reserve |
Notes: | |
1. | Former Zone 12 (Hurd properties), Former Zone 16 (Amenities Land) and Former Zone 18 (Non-subdivision Tracts) referenced in the original comprehensive development plan, are included in adjacent zones and no longer identified as separate zones. |
2. | Former Zone 17 (Centex) was R-4 Multiple Residential (Included in map of Zone 4). See discussion in original comprehensive development plan. |
(Ordinance 16-09-20H, sec. a, adopted 9/20/16; Ordinance 2017-07 adopted 3/21/17; Ordinance 2021-12, sec. V, adopted 4/13/21; Ordinance 2021-17, sec. III, adopted 5/18/21)
§ 14.02.402 Standards applicable to all property in all zones.
(a)
The following restrictions and standards apply to all property in all zones, except as otherwise specifically provided herein:
(1)
No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.
(2)
No mooring, pier, dock, or other device for swimming or boating shall be erected or installed except in accordance with the requirements of the appropriate lake authorities and any regulations set out herein.
(3)
Except those located in the M-1 classification and in the city’s Slick Rock Public Works Maintenance Complex, located at 7709 FM 2147 West, all structures must have exterior walls of at least fifty percent (50%) masonry on the surface of the walls excluding door frames and window frames. The exterior portion of all walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in the final structural application, excepting acceptable woods that are commonly used without such finishes, so that all such materials shall have a finished appearance. No plywood, pressboard, particle board, vinyl or similar type of material shall be used on any exterior wall or [of] any structure.
(4)
No liquefied petroleum gas, propane, or butane container or other tank used for the storage of gases or liquids for fuel shall be placed on any lot unless the same is architecturally concealed from view.
(5)
Except those lots located in the M-1 classification of Zone 4B Horseshoe Bay South, no fence, wall, or hedge shall be constructed on any lot nearer to any front street than is permitted for the house or building on said lot. No fence, wall exceeding seven feet (7') in height shall be built on any lot. Height is measured from the top of the wall or capping stone to the finished grade directly below the wall.
(6)
Decorative electric yard lights shall not exceed six and one-half feet (6.5') in height and shall be maintained in a manner so that the light shall burn all night every night.
(7)
All utilities and utility service on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure, unless otherwise provided on any approved plat or plats filed of record covering such lot.
(8)
Where an organized sewage system is made available to any lot on which a structure is located or being constructed, it is required that the structure be connected to and use such system.
(9)
Drainage structures shall always have a net drainage opening area of sufficient size to permit free flow of water without backwater and subject to the City of Horseshoe Bay Drainage Criteria Manual.
(10)
No mobile home, recreational vehicle, tent, lean-to, shack, or other temporary structures of any nature shall be used for occupancy, except as may otherwise be provided herein. The owner of any lot shall provide appropriate space for off-street parking for the owner’s vehicles.
(11)
Within easements reserved, as shown on an applicable plat, no structure, fence, planting, or other material shall be placed or permitted to remain which might damage or interfere with the installation and maintenance of utilities or which might change the direction of flow of drainage in the easements or channels which might obstruct or retard the flow of water through drainage easements or channels.
(12)
In relation to oil, gas, and minerals, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be permitted upon or in any lot.
(13)
Maximum building size.
(A)
In all zones except for property in zone 12 Summit Rock along Hwy. 71, the maximum building size for any building, except clubhouses in any classification is fifteen thousand (15,000) square feet.
(B)
Projects larger than 15,000 square feet require a variance from the board of adjustment.
(C)
The following sections for area of building are hereby deleted:
(i)
Section 14.02.406(j)(2)(C).
(ii)
Section 14.02.407(d)(2)(D) [sic].
(iii)
Section 14.02.411(e)(2)(D).
(iv)
Section 14.02.412(e)(2)(D).
(v)
Section 14.02.414(d)(10)(B)(iii).
Editor's note–The sections listed above were omitted from the code pursuant to Ordinance 2019-21 adopted 3/19/19.
(b)
Supplemental regulations.
(1)
Fire lanes.
This section requires compliance with chapter 5, Fire Service Features, of the City of Horseshoe Bay current adopted International Fire Code.
(3)
Flag lots will not be allowed within commercial zones. Flag lots will be allowed in residential zones at a maximum of ten percent (10%) of the entire subdivision.
(4)
(Reserved)
(5)
Shared access driveway easements are permitted. Development services will review access easements as part of the platting and development process.
(6)
Separation standards.
All nonresidential main structures, except those classified C-2 and on larger than one-half (1/2) acre lots, shall be separated by a distance of not less than ten feet (10') unless an approved firewall is constructed. To the extent this provision conflicts with the fire code of the city, the more restrictive provision shall prevail.
(7)
Setback from a cemetery.
No building or paving shall be placed closer than ten feet (10') from any cemetery.
(8)
Front yard standards and measurements.
(A)
On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and rear yards in the case of single-family uses shall be identified and the front of the structure shall not face the side or rear yard.
(B)
Where the frontage on one side of a street between two intersecting streets is divided by two (2) or more zones, the front yard shall comply with the requirements of the most restrictive zone for the entire frontage.
(C)
The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms, or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. See Illustration 1 within appendix B.[2]
(D)
Minimum lot widths for lots with predominant frontage on the curved radius of a street, including those located on a cul-de-sac or “eyebrow” portion of a street, shall be measured as the linear distance of the curved front building line, and shall be as shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zone for each lot.
(E)
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(9)
Side yard standards and measurements.
(A)
On a corner lot used for single-family dwellings, both street exposures shall be treated as front yards on all lots platted after the initial date of the adoption of the city zoning ordinance, June 20, 2006 except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by a street right-of-way, creek or floodplain area, or other similar phenomenon. In such case, a building line may be designated by the development services manager with a minimum side yard of fifteen feet (15') or more, as determined by the applicable zone standards. On lots which were official lots of record prior to the effective date of this article, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective zone.
(B)
Every part of a required side yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side yard. Air-conditioning compressors and similar equipment are permitted in the side yard.
(C)
Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.
(10)
Minimum flooring area per unit area.
Minimum dwelling unit areas specified in this article shall be computed exclusive of breezeways, garages, open porches, carports, and accessory buildings.
(11)
Open storage areas.
Open storage of materials, commodities, or equipment, where allowed in the specific zone, shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to outside display.
(12)
Sight visibility.
Visual clearance shall be provided in all zones so that no fence, wall, architectural screen, earth mounding, or landscaping thirty inches (30") or higher above the street centerline obstructs the vision of a motor vehicle driver approaching any street or driveway intersection as follows:
(A)
At a street intersection, clear vision must be maintained for a minimum of twenty-five feet (25') across any lot measured from the corner of the property line in both directions.
(B)
Shrubs and hedges that are typically less than thirty inches (30") in height at maturity, as measured from the centerline of the street, may be located in the visual clearance areas of all zones.
(C)
A limited number of single-trunk trees having a clear trunk (branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are spaced and positioned such that they will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.
(14)
Residential accessory buildings as defined in this article must comply with the following standards:
(A)
Accessory buildings may not occupy more than fifty (50) percent of the required rear yard, which for all classifications in all zones, except as listed in subsections (i) through (vi) below, is fifteen (15) feet. In addition, all accessory buildings in all classifications in all zones must be located at least 10 feet from the main building, must not exceed a maximum height of fifteen (15) feet, except for those in Zone 5 Bay Country, which may be the same height as the principal residence on the lot provided all setback requirements are met, and may not be located in the side or front setbacks except as otherwise provided below:
(i)
In Zones 1, 2, 3, 4A, 4B, 6 and 8 a 25-foot rear setback in the A-1 classification;
(ii)
In Zones 3, 4A, 4B, 5, and 10 a ten (10) foot rear setback in the GUI classification, except when located adjacent to residential classifications when it is twenty-five (25) feet;
(iii)
In Zone 5 a 25-foot rear setback in the RR classification;
(iv)
In Zone 9 Escondido a ten (10) foot rear setback in the R-1 Villa classification, and a 25-foot rear setback in the R-1 classification and the Lago Estate classification.
(v)
In Zone 10 Siena Creek a sixty (60) foot rear setback for lots zoned R-1 Single-Family Residential.
(vii)
In Zone 4B M-1 Manufactured Home Classification, accessory buildings are permitted to abut the main building and are permitted within 5 feet of the rear or side lot line.
(B)
Guest houses or studios can be above a garage.
(C)
No accessory building shall be used for storage, except in any classification in Zone 5 Bay Country and in the M-1 Classification in Zone 4B Horseshoe Bay South where the maximum size of the structure shall not exceed ten (10) feet by twelve (12) feet, unless a variance is requested from and approved by the Board of Adjustment.
(D)
Golf cart storage garages are an accessory structure in all residential classifications.
(15)
Residential accessory structures as defined in this article must comply with the following standards:
(A)
When a bulkhead or retaining wall is used to stabilize an excavation into existing grade on a sloping site greater than six (6) feet, then the maximum height shall be as established through a grading permit.
(C)
Uncovered decks and uncovered porches not exceeding eighteen (18) inches above the finished grade may project:
(i)
Eighteen (18) inches into interior side yard setbacks;
(ii)
Ten (10) feet into the rear setback, or no more than twenty-five (25) feet into Lake LBJ for waterfront lots in all subdivisions except Zone 1 Applehead, where it can project thirty (30) feet, and Zone 7 The Peninsula, where it can project 50 feet; and
(iii)
Ten (10) feet into the front yard setback, except in the M-1 zoning district.
(D)
(Reserved)
(E)
Enclosures are not to exceed six (6) feet in height from grade and are not to be constructed with any type of roofing.
(F)
Wooden privacy enclosures are permitted in the M-1 classification in Zone 4B Horseshoe Bay South, in Zone 15 Airport and in the GUI Governmental Utility and Institutional classification in any zone.
(G)
Enclosures for pool equipment must screen from view all surrounding properties. The pool equipment enclosure must be opaque. Screening with plant material must be large enough at time of planting to form a solid hedge; architectural screening must be of material and color that is complementary to the house.
(H)
Pool enclosures must meet all of the State of Texas insurance requirements, as well as building and safety codes.
(I)
Wood decking or recyclable wood/plastic products are prohibited as pool enclosure materials.
(J)
No fence is to be placed on top of a bulkhead or wall on the water side of waterfront lots.
(K)
Fences do not have to be attached to the main building, must not exceed seven (7) feet in height, except in Zone 10, Siena Creek where eight (8) feet is permitted, and may be of any manufactured materials approved by the appropriate subdivision’s architectural control committee, but cannot be chainlink, wooden privacy, cyclone, barbed wire or hurricane-type fence, except in the M-1 classification in Zone 4B Horseshoe Bay South where wooden privacy fences and picket-type fences are also permitted and in Zone 15 Airport and in the GUI Government Utility and Institutional classification in any Zone. Split rail cedar fences are permitted in Zone 3 Horseshoe Bay West, Zone 4A Horseshoe Bay and Zone 4B Horseshoe Bay South. Three-rail white vinyl fencing is permitted in Zone 5 Bay Country.
(L)
No fences or walls are permitted in the front yard setback. A fence or wall may be located in the side or rear yard setback, and a wrought iron fence may be located along the side yard up to the front yard setback, except in Zone 9 Escondido, where walls and fences may encroach into the front yard setback if approved by the architectural control committee, and in Zone 4B Horseshoe Bay South where picket-type fences may be located within the front yard setback for lots zoned M-1 Manufactured Homes.
(M)
When a side or rear yard fence is to be built along a sloping grade, the maximum seven (7) foot height may be averaged in stepped segments to allow the fence to follow the natural rise and fall of the slope. However, under no circumstances shall any portion of the fence exceed eight (8) feet above finished grade, except as allowed on an approved plat.
(N)
Outdoor fireplaces must have a minimum ten foot (10') setback from side and rear property lines. A side yard adjacent to a street shall observe the same setback as the main building.
(O)
Outdoor fireplaces may be attached to the main structure, however must provide a minimum three foot (3') clearance above the roofline and two foot (2') clearance above all structures within ten feet (10') of the fireplace chimney.
(P)
Screened filter and heating systems for swimming pools may encroach into a side or rear yard setback.
(Q)
Spas require a fence or cover.
(R)
Structures shall be screened with either plantings or an enclosure which are unified and harmonious with the overall architectural theme of the principal building.
(S)
Screening of structures shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics.
(T)
Swimming pools do not have to be attached to the main building and may be located in any side or rear yard, and may only be located in a side or rear utility easement where there are no utilities and where there is no need for utilities in the future. In-ground pools, including “Negative Edge” pools are permitted. Permanent on-site constructed above-ground pools with one hundred percent (100%) earth, stone or stucco enclosures for all sides above grade are permitted, except as otherwise restricted in Zone 9 Escondido, Zone 10 Siena Creek and Zone 11 The Trails. Exposed pool foundations, pool skirting or patio foundation must be constructed of the same masonry material as the single-family residence constructed on the lot or materials that are harmonious with the overall architectural nature of the primary residence thereon.
(U)
Rear yard setbacks for waterfront lots in all zones. Rear setbacks for waterfront lots are zero (0) feet, where no setbacks are shown on the plats for those lots.
(V)
Retaining walls maybe utilized to resist the lateral displacement of soils and other materials in the front yard setback. The retaining wall shall not exceed thirty (30) inches in height, measured to top of wall or capping stone, and shall be terraced with minimum 4 ft width planting terrace, stepped, or landscaped to finished grade.
Acceptable materials for retaining walls include concrete or masonry block with stucco, natural stone, and heavily textured masonry block. If stone is used, a pattern consistent with the architectural style of the home, and structural in appearance, is required.
(16)
Roof construction.
No building constructed on any lot shall be designed and constructed so that at any point the horizontal and level distance from the outside of the exterior walls to the nearest point on the perimeter line of the roof (the “roof overhang”) is less than twelve inches (12"). All roofs on buildings and structures on any lot shall be clay or concrete tile or standing seam metal with no visible screws or fasteners, and shall be properly installed on a suitable slope, and asphalt, asbestos, wood and/or fiberglass shingles shall not be permitted. No flat roofs and/or tar and gravel roofs shall be permitted on any building or structure constructed on any lot.
(17)
Fireplaces.
The exposed exterior surface of all fireplaces and/or chimneys shall be of masonry construction, and no wood or metal exteriors shall be permitted.
(18)
Electrical power.
No source of electrical energy shall be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.
(19)
Occupancy of structures.
No structure shall be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy has been issued by the development services department.
(20)
Covering the exposed concrete foundation on a new residence.
Every new residence constructed commencing with the date of approval of this section is required to only have a maximum of twelve (12) inches of height of exposed concrete foundation above the level of the ground. Any residence that exceeds this amount will be required to cover the concrete with the same material shown covering it on the building permit plans.
(21)
Dumpster screening. All dumpsters must be screened on three (3) sides using durable materials which complement the building.
(c)
Image Corridor Overlay District. The Horseshoe Bay Image Corridor Overlay District is to exercise greater control of the aesthetic, functional, and safety characteristics of the development along RM 2147 and SH 71 through the City of Horseshoe Bay. The Image Corridor Overlay District regulations and guidelines are detailed in appendix A, attached [to Ordinance 2025-27] and incorporated herein for all intents and purposes.
(Ordinance 07-09-18E, sec. 3.2, adopted 9/18/07; Ordinance 08-03-11C, sec. II, adopted 3/11/08; Ordinance 08-04-15A, sec. II, adopted 4/15/08; Ordinance 08-10-21B, sec. II(c), adopted 10/21/08; Ordinance 08-10-21B, sec. II(d), adopted 10/21/08; Ordinance 09-08-25F, sec. II(a)–(b), adopted 8/25/09; Ordinance 09-12-15B adopted 12/15/09; Ordinance 11-12-13B adopted 12/13/11; Ordinance 14-01-21B, sec. II, adopted 1/21/14; Ordinance 2018-12 adopted 5/15/18; Ordinance 2019-21, sec. IX, adopted 3/19/19; Ordinance 2019-21, sec. VII, adopted 3/19/19; Ordinance 2019-21, sec. XI, adopted 3/19/19; Ordinance 2021-12, sec. VI, adopted 4/13/21; Ordinance 2021-12, sec. VII, adopted 4/13/21; Ordinance 2021-12, sec. VIII, adopted 4/13/21; Ordinance 2021-17, sec. V, adopted 5/18/21; Ordinance 2021-17, sec. VI, adopted 5/18/21; Ordinance 2021-17, sec. VII, adopted 5/18/21; Ordinance 2021-17, sec. VIII, adopted 5/18/21; Ordinance 2021-36, sec. VII, adopted 9/21/21; Ordinance 2022-09 adopted 3/15/22; Ordinance 2023-19 adopted 3/21/2023; Ordinance 2023-18 adopted 4/4/2023; Ordinance 2025-27 adopted 8/26/2025)
§ 14.02.403 Home occupation regulations.
(a)
Purpose.
Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.
(b)
Special provisions for home occupations.
(1)
Home occupations shall be permitted as accessory uses in single-family residential zones provided that they comply with all restrictions herein;
(2)
The home occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;
(3)
Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of the dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed five hundred square feet (500'));
(4)
The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;
(5)
Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;
(6)
The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 8:00 a.m. and 10:00 p.m. for indoor activities;
(7)
One commercial vehicle, capacity of one ton or less, according to the manufacturer’s classification, may be used, or parked behind the front building line on the property, in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;
(8)
The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential zone, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;
(9)
The home occupation use/activity shall take place primarily within the dwelling, and there shall be no outside storage, including trailers, or outside display related to the home occupation use;
(10)
No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;
(11)
The home occupation shall not generate noise, vibration, glare, fumes or odors, heat, or electrical interference beyond what normally occurs within a residential zone;
(12)
The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;
(13)
The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio or visual means;
(14)
The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made or assembled on-site, including arts and crafts items and handmade clothing; and
(15)
The occupation shall not be harmful or detrimental to the health, welfare, and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property, and recreation by residents of the area.
(c)
Applicability of other regulations.
Home occupations shall also be subject to any and all other provisions of local, state, and federal regulations and laws that govern such uses.
(d)
Uses allowed as home occupations.
Home occupations may include the following uses:
(1)
Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, physician, chiropractor, realtor, broker, or similar profession;
(2)
Author, artist, or sculptor;
(3)
Dressmaker, seamstress, or tailor;
(4)
Music or dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than six (6) pupils at a time;
(5)
Individual tutoring and home schooling;
(6)
Office facility of a minister, rabbi, priest, or other clergyman;
(7)
Home crafts, such as rug weaving, model making, etc.;
(8)
Office facility of a salesman or a sales or manufacturer’s representative, provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;
(9)
Repair shop for small electrical appliances, cameras, watches, clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;
(10)
Food preparation establishments such as cake making, decorating, or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;
(11)
Registered family homes, in compliance with applicable state laws, which are incorporated herein by reference, with no more than six (6) children or adults;
(12)
Barbershop or beauty salon or manicure studio, provided that no more than one customer is served at a time; and
(13)
Swimming lessons and water safety instruction provided that such instruction involves no more than six (6) pupils at any one time.
(e)
Uses prohibited as home occupations.
Home occupations shall not, in any event, be deemed to include the following uses:
(1)
Animal hospitals or clinics, commercial stables having more than two (2) horses per acre or kennels;
(2)
Restaurants or sites allowing on-premises food or beverage, including private clubs, consumption of any kind, except for limited food or meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;
(3)
Automobile or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;
(4)
A home occupation shall not involve the conduct of general retail or wholesale business, manufacturing or a commercial food service requiring a license; except for limited on- premises sale of items associated with fine arts or crafts made on the premises, by appointment only; or except for occasional home parties for sale of make-up, jewelry, food items, clothes, etc.;
(5)
Commercial clothing laundering or cleaning;
(6)
Mortuaries or funeral homes;
(7)
Trailer, vehicle, tool, or equipment rentals;
(8)
Repair shops for any items having internal combustion engines; and,
(9)
Any use that would be defined by the International Building Code as an assembly, factory or industrial, hazardous, institutional or mercantile occupancy.
(f)
Home occupation uses not classified herein.
Any use that is neither expressly allowed nor expressly prohibited is considered prohibited, unless and until such use is classified by amendment to this article by the city council.
(g)
Effect of [article] on existing home occupations.
(1)
Any home occupation that was legally in existence as of the effective date of this article and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of this article provided that the owner or proprietor of such nonconforming home occupation registers his or her business with the city development services department within ninety (90) days of the effective date of this article, and provided that the home occupation use was not in violation of any other local, state, or federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this article shall be required upon registration.
(2)
Any home occupation that was legally in existence as of the effective date of this article and that conforms to the provisions herein shall be hereby authorized to continue.
(Ordinance 07-09-18E, sec. 3.3, adopted 9/18/07; Ordinance 12-04-17C adopted 4/17/12)
§ 14.02.404 Zone 1 Applehead Island.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 1 classified as residential (R-1, R-2):
(1)
Spaces between building.
Where more than one building or multiple dwelling is located on any lot, the following spaces and passageways shall be provided and maintained:
(A)
There shall be at least ten (10) feet between every single-family dwelling, two-family dwelling, multiple dwelling, and any other building on the same lot. These regulations do not apply to required spaces between accessory structure and other buildings on the same lot, as otherwise provided herein.
(B)
There shall be a passageway at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.
(C)
Where dwellings or group dwellings are arranged around a court, the average width of the court may serve as the passageway for rear buildings or as the space between buildings.
(2)
Side yard setback - reverse corner lots.
In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirement for the lot and a setback of not less than the front yard requirement in the rear of such corner lot.
(b)
The following provisions shall be applicable to land within Zone 1 classified as R-1 Single-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot, except that the maximum building height for lots contiguous with the shoreline shall be thirty-five (35) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setback shall conform to a minimum depth of twenty-five feet (25') from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;
(B)
A principal structure shall provide total side yard setback of not less than fifteen feet (15') with not less than five feet (5') on one (1) side. Corner lots shall maintain a minimum setback of twenty-five feet (25') from the side street line.
(C)
Except as provided below, a rear yard shall be maintained of at least fifteen feet (15') from the rear lot line to the nearest building line.
(D)
Structures on any waterfront lot may be located at the shoreline. No structure, other than docks, may be located below the shoreline.
(4)
Maximum area of dwelling:
Notwithstanding uses otherwise permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
All dwellings shall have not less than 3,000 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar attachments, unless otherwise provided herein.
(6)
Garages and carports.
All lots shall provide for at least one garage of no less than 500 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by breezeway. Each garage shall be equipped with a garage door.
(c)
The following provisions shall be applicable to all land within Zone 1 classified as A-1 Recreational:
(1)
This classification is intended to establish and preserve attractive recreational facilities including golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(Ordinance 07-09-18E, sec. 3.4, adopted 9/18/07; Ordinance 2021-17, secs. II, IX–X, adopted 5/18/21; Ordinance 2021-36, sec. VIII, adopted 9/21/21)
§ 14.02.405 Zone 2 Applehead.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 2 classified as R-1 Single-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setback shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;
(B)
A principal structure shall provide a total side yard setback of not less than fifteen (15) feet, with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line; and
(C)
Except as provided below, a rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses otherwise permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
All residences shall have not less than:
(A)
2400 square feet of living space for all golf course lots, those lots contiguous with any portion of the golf course, including a fairway, as well as the second row of lots back from the golf course as described as follows. The term “second row of lots” as used herein shall mean all lots which are not contiguous with but which either adjoin lots contiguous with the golf course or which are across the street from lots which are contiguous with said golf course, as the case may be; and
(B)
2000 square feet of living space for all other lots.
(6)
Garages and carports.
All lots shall provide for at least one garage of no less than 450 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway.
(b)
The following provisions shall be applicable to all land within Zone 2 classified as R-1, R-4 or GH residential:
(1)
Spaces between buildings.
Where more than one building or multiple dwelling is located on any lot, the following spaces and passageways shall be provided and maintained:
(A)
There shall be at least ten (10) feet between every single-family dwelling, two-family dwelling, multiple dwelling, and any other building on the same lot. These regulations in this subsection (1) do not apply to required spaces between accessory structures and other buildings on the same lot, which requirements are otherwise provided for herein.
(B)
There shall be a passageway as elsewhere herein defined at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.
(C)
Where dwellings or group dwellings are arranged around a court, the average width of the court shall not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.
(2)
Side yard setback - reverse corner lots.
In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.
(c)
The following provisions shall be applicable to land within Zone 2 classified as GH Garden Home:
(2)
Maximum building height.
The maximum building height shall be 32 feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
(A)
Front yard setbacks shall conform to a minimum depth of 20 feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.
(B)
A principal structure shall provide total side yards of not less than 5 feet on each side of the lot. Corner lots shall maintain a minimum setback of 15 feet from the side street line.
(C)
A rear yard shall be maintained of at least 15 feet from the rear lot line to the nearest building line.
(4)
Minimum dwelling unit size.
1600 square feet of living space, excluding carport, garage, covered porches, and contiguous patios.
(d)
The following provisions shall be applicable to land within Zone 2 classified as R-4 Multiple Residential:
(2)
Maximum building height.
Two levels not to exceed thirty-five (35) feet from the highest natural contour line of the applicable lot.
(3)
Minimum yard requirements.
Except where there is specifically called out on the plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front property line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces;
(B)
A side yard setback shall be maintained of at least five (5) feet in depth from all side property lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet wide from the side street line; and
(C)
A rear yard shall be maintained of at least fifteen (15) feet from the property line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses permitted herein, no more than sixty-five percent (65%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
1,500 square feet. An option is allowed for up to 20% of the units to be a minimum of 1,000 square feet.
(6)
Parking regulations.
All multifamily dwellings or structures must provide a minimum of two (2) parking spaces for each dwelling unit or apartment. Such parking spaces shall be ten feet (10') wide and twenty feet (20') long. Under no circumstances will any parking be permitted within the setback areas adjacent to streets or on the streets.
(e)
The following provisions shall be applicable to all land within Zone 2 classified as A-1 Recreational:
(1)
This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(2)
Uses permitted.
(A)
Golf courses, including tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, and golf course maintenance facilities;
(B)
Tennis courts, related facilities or clubhouses;
(C)
Swimming pools, related facilities or clubhouses;
(D)
Property owners’ association facilities and meeting facilities;
(E)
Parks;
(F)
Accessory structures and uses incidental to the foregoing.
(Ordinance 07-09-18E, sec. 3.5, adopted 9/18/07; Ordinance 2019-06, sec. II, adopted 11/13/18; Ordinance 2021-17, secs. II, XI–XII, adopted 5/18/21; Ordinance 2021-36, sec. IX, adopted 9/21/21)
§ 14.02.406 Zone 3 Horseshoe Bay West, Zone 4A Horseshoe Bay Proper and Zone 4B Horseshoe Bay South.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zones 3, 4A and 4B regardless of classification:
(1)
Spaces between buildings.
Where more than one building or a multiple dwelling is located on a lot, the following spaces and passageways shall be provided and maintained:
(A)
There shall be at least ten (10) feet between every single-family dwelling, two-family dwellings, multiple dwelling and any other building on the same lot. These regulations do not apply to required spaces between accessory structures and other buildings on the same lot, which requirements are otherwise provided for herein.
(B)
There shall be a passageway at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.
(C)
Where dwellings or a group of dwellings are arranged around a court, the average width of the court shall not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.
(2)
Side yard setback - reverse corner lots.
In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.
(3)
No visible flat roofs shall be permitted on any building or structure constructed on any lot.
(b)
The following provisions shall be applicable to all land within Zones 3 and 4A classified as R-1 Single-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot, except that the maximum building height for lots contiguous with the shoreline shall be thirty-five (35) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.
(B)
A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side, except that lots located on Lighthouse Drive shall provide total side yards with not less than five (5) feet on each side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.
(C)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
No more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
All residences located in Zone 3 Horseshoe Bay West and Zone 4A - Horseshoe Bay Proper shall require not less than the following number of square feet, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages, on the lots as specified below.
(A)
2400 square feet for all lots contiguous with any portion of the golf course including fairway and all lots contiguous with the shoreline of Lake Lyndon B. Johnson, as well as the second row of lots back from the golf course as described above, and the second row of lots back from the shoreline of Lake Lyndon B. Johnson. The term “second row of lots” as used herein shall mean all lots which are not contiguous with but which either adjoin lots contiguous with the shoreline of Lake Lyndon B. Johnson and/or the golf course or which are across the street from lots which are contiguous with said shoreline or the golf course, as the case may be.
(B)
1800 square feet for all other lots located in this area.
(6)
Minimum dwelling unit size.
All residences located in Zone 4A, South of R.M./F.M. 2147 shall require not less than the following number of square feet.
(A)
2400 square feet excluding carport, garage, covered porches, covered contiguous patios or other similar appendages for all lots fronting any portion of the golf course including fairways and the second row of lots from the golf course as described above.
(B)
1400 square feet excluding carport, garage, covered porches and contiguous patios, for all lots in “Area 1” located within the boundary of a line beginning at the southeast corner of Lot 1022 and heading northward up Clayton Nolen Boulevard to the northeast corner of Lot 20174, then extending westward to Slick Rock Creek, then following said Slick Rock Creek southerly to the southernmost corner of Lot 27088, then extending westward across High Mesa following the southern boundary of Lot 24159 to the southwest corner of said Lot 24159, then south along the western perimeter of the Horseshoe Bay subdivision to the southwest boundary of Lot 14190, then heading eastward along the southern perimeter of the Horseshoe Bay subdivision to the point of beginning; and lots located in “Area 2” located within the boundary of a line extending from Clayton Nolen Boulevard beginning at the southwest corner of Lot 4109 and extending eastward on Pawnee Street to the intersection of Cheyenne Street, then north to the convergence with Mountain Dew Street, then eastward on Mountain Dew to Horseshoe Creek, then south along said Horseshoe Creek to the southern boundary of the Horseshoe Bay subdivision then westward to the southwest corner of Lot 29060, then north along the eastern boundary of Zone 15, Airport area, to the southeast corner of Lot 29060, then north along the eastern boundary of Zone 15, Airport area, to the southeast corner of Lot 47095-A, then west to the point of beginning.
(C)
1800 square feet excluding carport, garage, covered porches, and contiguous patios, for all other lots in this area.
(7)
In Zone 4B Horseshoe Bay South, lots classified R-1 Single-Family Residential must have not less than 1200 square feet of ground or first floor area, including carport, garage, covered porches, and contiguous patios, provided that a minimum of 80% of such floor area is enclosed dwelling space. Exterior walls must be at least 50% masonry on the street fronting walls and shall not have less than 30% masonry covering on the total of all exterior walls.
(8)
Garages and carports.
All lots shall provide for at least one garage of no less than 400 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway. Garages in Zone 4B Horseshoe Bay South shall provide at least one garage or carport of no less than 200 square feet.
(c)
The following provisions shall be applicable to all land within Zones 3 and 4A classified as GH Garden Home:
(2)
Maximum building height.
The maximum building height shall be 32 feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
(A)
Front yard setbacks shall conform to a minimum depth of 20 feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
A principal structure shall provide total side yards of not less than 5 feet on each side of the lot. Corner lots shall maintain a minimum setback of 15 feet from the side street line.
(C)
A rear yard shall be maintained of at least 15 feet from the rear lot line to the nearest building line.
(4)
Minimum dwelling unit size.
1400 square feet excluding carport, garage, covered porches, and contiguous patios. Golf course lots must have a minimum size of 1800 square feet excluding carport, garage, covered porches, and contiguous patios.
(5)
Garages and carports.
All lots shall provide for at least one garage or carport of not less than 200 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway. Garages that are not completely enclosed shall not open directly on the street. All garage and/or carport structures shall be enclosed on at least two sides provided such structures located on corner lots shall be completely enclosed.
(d)
The following provisions shall be applicable to all land within Zones 3 and 4A classified as R-2 Two-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specifications shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the nearest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.
(C)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line, excepting fences, walls and hedges when constructed as provided for in the preceding provisions.
(4)
Maximum area of dwelling.
No more than fifty percent (50%) of the total lot area shall be covered by dwellings and other structures.
(5)
Minimum dwelling unit size.
All two-family residences shall require not less than 950 square feet of floor area for each unit excluding carport, garage, covered porches, and covered contiguous patios, except that if such two-family residence is located in the areas defined as “Area 1” and “Area 2” under subsection (b)(6)(B) of this section, the enclosed living area in the dwelling portion of each unit shall be not less than 750 square feet, and provided that if such two-family residence is located on an R-2 lot that is situated either contiguous to any portion of the golf course or the shoreline of Lake Lyndon B. Johnson or the second row of lots, as herein before defined, then, and in such event, the enclosed living area in the dwelling portion of each unit shall be not less than 1200 square feet.
(6)
Garages and carports.
All lots shall provide for at least one garage or carport of not less than 200 square feet per dwelling unit and such structure shall be connected to the main dwelling. The connection may be by a breezeway. No garage that is not completely enclosed will open directly toward the street. All garage and/or carport structures shall be enclosed on at least two sides, provided such structures located on corner lots shall be completely enclosed.
(e)
The following provisions shall be applicable to all land (except those lots discussed in subsection (g) of this section) within Zones 3 and 4A classified as R-4 Multiple Residential:
(1)
Uses permitted.
(A)
Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;
(B)
Multiple-family dwellings and/or apartment houses;
(C)
Accessory structures necessary to such use located on the same lot.
(D)
Recreational uses as allowed in the A-1 recreational classification.
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except where there is specifically called out on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.
(B)
A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet wide from the side street line.
(C)
A rear yard shall be maintained to at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
1,500 square feet. An option is allowed for up to 20% of the units to be a minimum of 750 square feet.
(6)
Parking regulations.
All multifamily dwellings or structures must provide a minimum of two (2) parking spaces for each dwelling unit or apartment. Such parking spaces shall be ten feet (10') wide and twenty feet (20') long. Under no circumstances will any parking be permitted within the setback areas adjacent to streets or on the streets.
(f)
Zoning of Marina Village.
(1)
The zoning regulations contained in herein are conditioned on the following:
(A)
Presentation by the owner of Marina Village and submission to the city, prior to commencement of construction of any improvement in Marina Village, of a master development plan to be prepared by HSB Resort Ltd., the present owner of the property subject to the moratorium, for all of the property included in the moratorium, including Marina Village, together with a traffic study that describes the amount, type and location of vehicular traffic that will result from the desired development pursuant to the master development plan and Marina Village; assesses the impacts of such desired development on the surrounding road and street infrastructure of the city; the effect of such desired development on traffic conditions, congestion, and travel time in the area; the effect of such desired development on fire service times and accessibility; recommended modifications of existing infrastructure and traffic-control devices, if any, as a result of development of the property included in the moratorium and Marina Village; identification of streets and other traffic facilities that may need to be constructed in order to adequately serve the vehicular traffic needs of the property included in the Moratorium and Marina Village and the surrounding environs; identification of easements or other property interests that must be acquired by the city in order to adequately serve the traffic needs of the property included in the moratorium and Marina Village and the surrounding environs; and an analysis of the adequacy and appropriateness of the zoning regulations contained in this article as the same relates to vehicular traffic.
(B)
Preparation by the owner of Marina Village or by Horseshoe Bay Resort Ltd., and submission to the city, prior to commencement of construction of any improvement in Marina Village, of a parking study that describes the amount, type and location of parking spaces that will be required as a result of the desired development of Marina Village relative to the surrounding environs, recommended modifications of existing parking facilities, if any, as a result of the desired development of Marina Village and the surrounding environs; identification of buffers or landscaping that will adequately screen and protect the surrounding environs from the parking facilities that will be necessary to serve the anticipated development of Marina Village and the surrounding environs; an analysis of the adequacy and appropriateness of the zoning regulations contained in this article as the same relate to parking space requirements and minimums.
(C)
Preparation by the owner of Marina Village or by Horseshoe Bay Resort Ltd., and submission to the city for its review and approval, prior to commencement of construction of any improvement in Marina Village, a detailed site plan that depicts the nature, type and location of all structures and facilities that are planned for construction in Marina Village in compliance with the zoning regulations contained in this article.
(D)
Preparation and execution by the owner of Marina Village and the city council, prior to commencement of construction of any improvement in Marina Village, of a development agreement that describes the responsibilities and activities of both the owner of Marina Village and the City of Horseshoe Bay regarding the nature, type, and location of the structures and infrastructure facilities as shown on the site plan for Marina Village in compliance with the zoning regulations contained in this article and other city policies and regulations. Such development agreement shall include a showing of the existence of adequate fire protection services, equipment, and resources in or within an acceptable distance from the city capable of providing fire suppression to buildings constructed to the height depicted in the site plan of greater than forty (40) feet above the highest natural contour of the applicable lot, if any. Further, such development agreement shall demonstrate that the natural sunlight on or the views from the existing and surrounding residential or commercial facilities will not be blocked or impaired by any building constructed to the height depicted in the site plan if greater than forty (40) feet above the highest natural contour of the applicable lot, if any.
(2)
The following provisions shall be applicable to all land within Marina Village classified as Mixed Use Residential Multifamily and Commercial (“MURC-1”):
(A)
Uses permitted:
(i)
Townhouses or condominium residential dwelling units;
(ii)
Retail or wholesale stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail or wholesale business conducted on the premises not to exceed five thousand (5,000) square feet in size for any single building, and which is compatible with the uses permitted below;
(iii)
Automobile parking areas;
(iv)
Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;
(v)
Office, professional and general business;
(vi)
Health club, health spa, exercise/fitness center;
(vii)
Accessory structures necessary to such use erected upon the same lot.
(B)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the natural contour of the applicable lot; provided that in the case of a multiple dwelling complex containing more than twenty (20) dwelling units, a maximum of three (3) stories, or forty (40) feet above the highest natural contour of the applicable lot. Approval of up to two (2) or more additional stories may be requested and may be approved if depicted on the site plan and authorized by the development agreement.
(C)
Minimum yard requirements.
(i)
Front setback lines shall be twenty-five (25) feet from Horseshoe Bay Blvd.
(ii)
Rear setback (waterfront) for the building unit foundations shall be up to the edge of the 825' contour line along Lake LBJ. All buildings shall be at a minimum elevation of 827'.
(iii)
Side setback lines shall be ten (10) feet. The minimum distance between buildings shall be twenty-five (25) feet provided that where fire lanes are required the minimum distance between buildings shall be thirty (30) feet.
(D)
Maximum area of building footprint.
Notwithstanding uses permitted herein, no more than sixty percent (60%) of the total lot area shall be used for the dwelling units and other structures.
(E)
Minimum dwelling unit size.
The minimum living area of each dwelling unit shall consist of at least fifteen hundred (1500) square feet of living area, excluding covered porches or contiguous patios.
(g)
The following provisions shall be applicable to the twenty-five (25) lots generally along Broken Hills, Buffalo Peak, Hi Valley, Mountain Leather and Apache Tears within Zone 3 classified as R-4 Multiple Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except where there is specifically called out on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces.
(B)
A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure. Corner lots shall maintain a minimum setback of twenty-five (25) feet wide from the side street line.
(C)
A rear yard shall be maintained to at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
All dwelling units shall require not less than the following number of square feet, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages, on the lots as specified below.
(6)
Garages and carports.
All lots shall provide for at least one garage or carport of no less than 200 square feet per dwelling unit and such structure shall be connected to the main dwelling. The connection may be by a breezeway. No garage that is not completely enclosed will open directly toward the street. All garage and/or carport structures shall be enclosed on at least two sides provided such structures located on corner lots shall be completely enclosed.
(h)
The following provisions shall be applicable to all land within Zones 3 and 4 classified as R-6 Apartment, Townhouse and Cottage:
(1)
Uses permitted.
(A)
Apartments;
(B)
Townhouses;
(C)
Cottages;
(D)
Any uses permitted in the R-4 classification, with the following exceptions:
(i)
All lots shall be used for single-family, two-family, apartments, townhouses or cottages, individually owned or owned in condominium;
(ii)
Each single-family, two-family, apartment, townhouse and cottage residence may have appurtenant thereto a two-car carport and golf cart storage area or such carports and golf cart storage areas may be a part of the common elements; and
(E)
Accessory structures necessary to such use may be erected upon the same lot.
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot; provided that in the case of a multiple dwelling complex containing more than twenty (20) dwelling units, a maximum of three (3) stories is allowed.
(3)
Minimum yard requirements.
Same as in the R-4 area except that front setback lines shall be twenty (20) feet and rear setback lines shall be fifteen (15) feet.
(4)
Maximum area of dwelling.
Notwithstanding uses permitted herein, no more than sixty percent (60%) of the total lot area shall be covered by the dwelling units and other structures.
(5)
Minimum dwelling unit size.
The minimum living area of each dwelling unit in any multiple dwelling complex shall be:
(A)
Apartments.
1,200 square feet. An option is allowed for up to 20% of the units to be a minimum of 750 square feet.
(B)
Townhouses.
Each and every dwelling unit on the premises shall consist of at least twelve hundred (1200) square feet of living area.
(C)
Cottages.
Each and every dwelling unit on the premises shall consist of at least fourteen hundred (1400) square feet of living area.
(D)
Golf course lots.
Each golf course lot dwelling unit shall be at least 1800 square feet in size.
(6)
Parking regulations.
All multifamily dwellings or structures must provide a minimum of two (2) parking spaces for each dwelling unit or apartment. Such parking spaces shall be ten feet (10') wide and twenty feet (20') long. Under no circumstances will any parking be permitted within the setback areas adjacent to streets or on the streets.
(i)
The following provisions shall be applicable to all land within Zone 4B Horseshoe Bay South classified as M-1 Manufactured Home.
(1)
Uses permitted.
(A)
One single-family manufactured home on a lot. Double trailers such as doublewide and triple wide units designed to form one complete dwelling may be placed on a lot.
(i)
Manufactured homes shall not be permitted if the manufacturing date is more than 3 years before the date the permit is requested.
(B)
One single-family modular home may be built on a lot.
(C)
Accessory buildings and accessory structures as defined and regulated in this section.
(3)
Minimum yard requirements.
Except where there is specifically designated on an approved plat, which specification shall control, the following apply:
(A)
Front yard setbacks shall conform to a minimum depth of ten (10) feet from the front lot line to the closest structural projection, including porches, but not including awnings, overhangs, or planters.
(B)
A side yard setback shall be maintained of at least five (5) feet in depth from all side lot lines to the building line of any structure, with a minimum clearance of forty (40) inches from awnings or other projections to the side property line. Corner lots shall maintain a minimum setback of ten (10) feet from the side street line.
(C)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line, excepting fences, walls, and hedges when used as a property or boundary line separation.
(4)
Maximum area of dwelling.
No more than fifty percent (50%) of the total lot area shall be covered by a mobile home and other structures.
(5)
Minimum dwelling unit size.
All manufactured homes and modular homes shall require a minimum of seven hundred (700) square feet for the living area in the dwelling portion of the manufactured home or modular home.
(6)
Permanent foundation.
All manufactured homes and modular homes shall be placed on a permanent concrete foundation which provides anchors and tie-downs that secure and stabilize the manufactured home according to the manufacturer’s specifications. Such tie-downs shall be installed and maintained in conformance with the most current adopted codes and standards from the Texas Manufactured Housing Standards Code, the Texas Administrative Code for Manufactured Homes, and the HUD-Permanent Foundation Guide for Manufactured Housing: September 1996 and all subsequent updates. Modular homes shall follow all foundation and building requirements of the City of Horseshoe Bay adopted edition of the International Residential Code.
(7)
Garage or carport.
All lots with a manufactured home or modular home shall provide a garage or carport of no less than 200 square feet per dwelling unit. All garages and carports shall be installed to the standards in section 14.02.406(i)(10)(E).
(8)
(Reserved)
(9)
Awnings.
Open and closed awnings shall be permitted.
(10)
Minimum development standards.
The following minimum standards are required to be met for any manufactured home or modular home to be located on a lot, including:
(A)
Skirting.
Skirting is required on all manufactured homes installed above grade:
(i)
Skirting shall be installed on a concrete footing so there is no visible gap between the finished floor and the ground.
(ii)
Skirting shall be installed on all sides of the dwelling unit and be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit.
(iii)
Skirting shall provide for adequate drainage and ventilation.
(B)
Driveway.
A paved driveway of not less than 400 square feet with a minimum width of 12 feet shall be provided onto the lot. The driveway shall provide space to park a minimum of 2 cars. The driveway shall be paved all the way to the edge of pavement of paved streets or to the edge of right-of-way if the street is not paved prior to issuance of certificate of occupancy. No parking shall be permitted on any street or any vacant lot.
(C)
Lot coverage.
All structures and buildings including manufactured homes, modular homes and accessory structures and any carports, decks, patios or stairways attached thereto, and parking areas shall not cumulatively cover more than 60 percent (60%) of the total area of an individual lot.
(D)
Colors of buildings.
Accessory buildings shall be the same color as the home.
(E)
Garages and carports.
A garage or carport is required for each lot. The garage or carport shall meet the following minimum standards:
(i)
Carports shall be open on not less than two (2) sides. Carports not open on two or more sides shall be a garage and shall comply with provisions for garages.
(ii)
The garage or carport shall be over a paved driveway.
(iii)
The garage or carport shall be the same color as the manufactured or modular home. Specific types of material excluded are preformed, corrugated, or ribbed metal, and fiberglass or plastic sheets or panels. Metal may be used for the walls of the unit provided they have a factory applied and painted finish closely matching the color of the primary residence. Standard concrete masonry units (cinder blocks) shall have an exterior finish.
(iv)
Flat roofs are not permitted.
(v)
Pre-manufactured, and other carport construction that utilizes structural steel members or steel pipe shall require design approval by a professional engineer, and all foundation plans for anchoring the carport structure to a permanent foundation must be approved by the building official, as part of the required building permit.
(F)
Accessory buildings and accessory structures.
Accessory buildings and accessory structures may be constructed or placed in conjunction with a manufactured home or modular home in accordance with the following requirements:
(i)
The garage or carport is an accessory building.
(ii)
Accessory buildings, fences and walls are also accessory structures.
(iii)
All accessory buildings and accessory structures shall require a building permit.
(iv)
No accessory building or accessory structure shall be placed on a vacant lot.
(v)
Accessory buildings and accessory structures shall be properly maintained in a clean and sanitary condition and free from physical hazards and other matter detrimental to the public health or create a nuisance.
(vi)
Accessory buildings other than carports and garages cannot exceed 10' by 12' and shall have a height not to exceed 15 feet above the highest natural contour line of the applicable lot.
(vii)
Accessory buildings shall not be used as a dwelling unit.
(viii)
Accessory buildings shall not obstruct emergency or firefighter access.
(ix)
Accessory buildings shall not be located in the front yard or within 5 feet of the rear or side lot lines.
(x)
Accessory structures shall be the color of the natural material or when painted or stained will be a color that matches or compliments the home.
(G)
Porch, deck, patio and exterior door landings.
A porch, deck or patio is required at the front door or rear door of the manufactured home or modular home. This may be part of the manufactured home or modular home or installed after the home is moved into place or built on the lot. An exterior door landing is required for all exterior doors, all rear, back and side doors. The width of each exterior door landing shall not be less than the door served. Every exterior door landing shall have a dimension of not less that thirty-six (36) inches measured in the direction of travel. The front or rear porch, exterior door landings, decks and/or patios shall have a combined area of not less than 150 square feet. Any porch, deck, patio, or exterior door landing shall require a building permit.
(H)
Fences.
Fences must not exceed seven (7) feet in height. Fences may not be chainlink, barbed wire, cyclone, or hurricane type fences. Wooden privacy fences are permitted. Fences shall not be located closer to the street than the front yard setback. Picket fences or similarly open fences with pickets at least 2-1/2 inches apart but not more than 4 inches apart and no more than 3 feet in height are permitted in the front yard setback.
(I)
Storage.
Watercraft, trailers, equipment, and any outdoor storage is permissible in the side yard and rear yard if screened from view from the street by a privacy wall or fence. The parking or storage of watercraft and/or watercraft trailers exhibiting a current registration and license plate is permitted on a driveway or under a carport.
(J)
Erosion sedimentation control.
Existing vegetation should be preserved if at all possible. All disturbed areas shall be planted with shrubs, sod and/or hydro-mulched upon completion of construction and prior to certificate of occupancy. Dead vegetation shall be removed immediately.
(K)
Transportation apparatus.
All wheels, axles, tongue, towing apparatus, and transportation lights shall be removed prior to occupancy of the dwelling unit. Tongues that are stored on site shall not be visible.
(L)
Roofline.
The roof of all manufactured homes and modular homes shall have diverse or varied exterior planes of the building (roofline) with a minimum roof pitch of 3:12 (3 inches of rise in 12 inches of run).
(M)
Additions.
Heated and/or cooled living area additions are prohibited for manufactured homes.
(j)
The following provisions shall be applicable to all land within Zone 3 Horseshoe Bay West and Zone 4A Horseshoe Bay Proper classified as C-2 General Commercial:
(1)
Uses permitted.
(A)
Reserved;
(B)
Reserved;
(C)
Reserved;
(D)
Public agency facilities and structures;
(E)
Restaurants, tea rooms and cafes;
(F)
Theaters and auditoriums (except for drive-in theaters);
(G)
Reserved;
(H)
Assisted living facilities;
(I)
Office, professional, and general businesses;
(J)
Medical facilities;
(K)
Health clubs, health spas, exercise/fitness centers;
(L)
Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications, and principally serving club members, their guests and resort guests;
(M)
Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.
(2)
The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:
(A)
Maximum building height.
The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.
(B)
Maximum area of building.
Building area shall not exceed sixty percent (60%) of the area of the lot.
(C)
Landscaping.
Provision of landscaping between parking areas and the main access areas, except for access driveways. All parking lots must be landscaped. All landscaping shall be protected from vehicular damage by either wheel stops or curbs. (See diagram 1) for example.
(D)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.
(E)
Exterior walls.
All buildings or structures shall have one hundred percent (100%) masonry covering on all exterior walls, excluding doors and windows, except clubhouses which must have exterior walls of at least fifty percent (50%) masonry covering.
(3)
(Reserved)
Diagram 1. Parking Lot Landscape Standards  |
Landscaped areas shall be provided at all driveway entrances and landscape islands after every 10th parking stall. |
Low lying shrubs (less than 2 ft. in height) shall be used when placed in a vision triangle. |
Visual relief screen shall be provided to break up the visual expanse of the parking lot near streets and along property lines. |
Landscape islands shall be a minimum of 9' wide and 15' long. Endcap islands shall be a minimum of 9' wide and 30' long. |
Continuous buffer landscaping shall be provided when abutting residential uses. |
(k)
For property and projects with unique development needs, the city encourages use of PD planned development zones, as described in division 4.
(l)
The following provisions shall be applicable to all land within Zones 3 and 4 classified as A-1 Recreational:
(1)
This classification is intended to establish and preserve attractive recreational facilities including golf courses, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the mixing of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(2)
Uses permitted.
(A)
Golf courses including but not limited to tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, and golf course maintenance facilities;
(B)
Golf academies including but not limited to instructional facilities, driving ranges, golf greens, tees and fairways;
(C)
Tennis courts, related facilities or clubhouses;
(D)
Swimming pools, related facilities or clubhouses;
(E)
Recreational vehicle park and campground (only in that area referred to as “Camp Ground” and shown on High Mesa Street in the map of Zone 4);
(F)
Property owners’ association facilities and meeting facilities;
(G)
Parks;
(H)
Horse stables and facilities (only in that area in Zone 4B Horseshoe Bay South on Stagecoach);
(I)
Accessory structures and uses incidental to the foregoing and on the same lot.
(m)
The following provisions shall be applicable to all land within Zone 4A Horseshoe Bay Proper and classified as MA-1, Marina:
(1)
This classification is intended to provide appropriate areas for uses that provide commercial marina facilities and services.
(3)
LCRA permit required.
All marinas must obtain a permit and comply with the applicable provisions of the Lower Colorado River Authority Highland Lakes Marina Ordinance. An applicant for a permit from LCRA for a marina located within the corporate limits of the city shall notify the city that a permit application has been submitted to LCRA.
(4)
Parking.
Parking: For floating boat slips, one (1) parking space is required for every ten (10) floating boat slips.
(5)
Building setbacks.
None required.
(6)
Buffering.
In addition to applicable requirements under the LCRA Marina Ordinance, applicant may be required to provide buffering and/or screening between the marina area and adjacent land uses.
(7)
Stack storage prohibited.
Storage of boats by stacking is not allowed.
(n)
The following provisions shall be applicable to all land within Zones 3, 4A and 4B classified as GUI Governmental, Utility or Institutional:
(1)
This classification is intended to establish appropriate areas for uses that provide important community services, buffering from any adjacent residential classifications and necessary, adequate off-street parking.
(2)
Uses permitted.
(A)
Facilities owned and/or operated by the federal, state, or local government or political subdivisions thereof (e.g. municipal water districts, fire stations, etc.);
(B)
Schools, either public or private, nonprofit;
(C)
Churches;
(D)
Uses required by both public and private utilities;
(E)
Accessory uses incidental to any of the foregoing permitted uses.
(o)
The following provisions shall be applicable to all land within Zone 4A and classified as F-1 Fly-In Community and Fly-In Business Park:
(1)
This classification is intended to provide residential communities and a commercial business park adjacent to the airport. The areas classified F-1 Fly-In Community and Fly-in Business Park should also contain adequate space for required off-street parking. The following provisions shall be applicable to the F-1 Fly-In Community and Fly-in Business Park within Zone 4A:
(2)
Uses permitted.
(A)
Use of airplanes which do not exceed a certified gross take-off weight of 125,000 pounds and use of helicopters, gliders, ultra-lights, power gliders, and hot air balloons;
(B)
The taxiing of airplanes, taking off and landing of helicopters, gliders, ultra-lights, power gliders, and hot air balloons;
(C)
Structures and facilities for the supply and fueling of airplanes or helicopters, gliders, ultra-lights, power gliders, and hot air balloons by persons or entities authorized by the owner of the airport facilities;
(D)
Office and storage facilities for the operation and maintenance of the airport;
(E)
Hangars for the shelter of airplanes, helicopters, gliders, ultra-lights, and power gliders;
(F)
Servicing of airplanes or helicopters by such owners or their representatives;
(G)
Sales of aviation fuel and oil; rental of hangar, ramp, and vehicular parking spaces to area residents on a contracted basis; rental of ramp tie down space on a temporary basis to transient aircraft.
(3)
Uses prohibited.
(A)
Use of airplanes which exceed a certified gross take-off weight of 125,000 pounds;
(B)
The accessing, occupying, or using for any purpose other than accessing of airplanes or accessing, taking off, and landing helicopters, gliders, ultra-lights, power gliders and hot air balloons, of the area on and within fifty (50) feet of an active taxiway located within Zone 4A. Except for the operators of the airport facilities or their agents in the discharge of their duties, the prohibited uses shall include, but not be limited to walking, jogging, roller-skating, skateboarding, or bicycling.
(4)
Regulation.
All operational activities shall be regulated by Federal Aviation Administration (“FAA”) guidelines to the extent applicable, the manager of the air traffic control for the airport and subject to published airport operational restrictions and guidelines in the covenants, conditions and restrictions recorded in Llano County and Burnet County on the land in Zone 4A.
(Ordinance 07-09-18E, sec. 3.6, adopted 9/18/07; Ordinance 08-02-19E, sec. II, adopted 2/19/08; Ordinance 09-02-17D, sec. II, adopted 2/17/09; Ordinance 10-04-20A, sec. (c), adopted 4/20/10; Ordinance 10-06-15B adopted 6/15/10; Ordinance 10-06-15C adopted 6/15/10; Ordinance 12-07-03A adopted 7/3/12; Ordinance 2018-19 adopted 9/18/18; Ordinance 2019-06 adopted 11/13/18; Ordinance 2019-21, sec. VI, adopted 3/19/19; Ordinance 2019-22 adopted 3/19/19; Ordinance 2020-01 adopted 10/15/19; Ordinance 2020-06, sec. II, adopted 12/10/19; Ordinance 2021-12 adopted 4/13/21; Ordinance 2021-17, secs. II, XIII, adopted 5/18/21; Ordinance 2021-36, sec. X, adopted 9/21/21; Ordinance 2023-18 adopted 4/4/2023; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.407 Zone 5 Bay Country.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 5 classified as R-R Rural Residential:
(2)
Maximum building height.
Three (3) levels not to exceed forty-five (45) feet above the highest natural contour line of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setback shall conform to a minimum depth of fifty (50) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
Side yard setbacks shall be twenty-five (25) feet from each side yard. Corner lots shall maintain a minimum setback of fifty (50) feet from the side street line.
(C)
Except as provided below, a rear yard shall be maintained of at least twenty-five (25) feet from the rear lot line to the nearest building line.
(D)
Notwithstanding anything herein to the contrary, Lots 1, 2, 3, 4, 5, and 24 shall maintain a one hundred (100) foot building setback from R.M./F.M 2147, and there shall be no access onto R.M./F.M. 2147 from said lots.
(4)
Minimum dwelling size.
All primary dwellings shall require not less than 2,500 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages.
(5)
Spacing between buildings.
Where more than one building is located on any lot, there shall be at least ten (10) feet between every dwelling, and any other building on the same lot.
(6)
Side yard setback - reverse corner lots.
In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.
(7)
Garages and carports.
All lots shall provide for at least one two-car garage of not less than 400 square feet per dwelling unit.
(Ordinance 07-09-18E, sec. 3.7, adopted 9/18/07; Ordinance 2021-17, secs. II, XV, adopted 5/18/21)
§ 14.02.408 Zone 6 Pecan Creek.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 6 classified R-6.5 Single-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirement.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty (20) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters, or fireplaces; except that in the case of side-entry garages the front setback may be less, so long as there is provided an approved parking area of not less than twenty (20) feet in length and of sufficient width to park two (2) vehicles within the lot and off the street right-of-way.
(B)
Side yard setbacks shall be at least five (5) feet from the side lot line.
(C)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
No more than fifty (50) percent of the total lot area shall be used for the dwelling.
(5)
Minimum dwelling unit size.
All dwellings shall require not less than 1,700 square feet of living area, excluding carport, garage, covered porches, covered contiguous patios, or other similar appendages.
(6)
Side yard easements.
The owner of a lot that benefits from a side yard easement shall not:
(A)
Cause, suffer or permit any damage to any utility lines located within the side yard easement or interrupt or interfere with the maintenance and repair thereof; or
(B)
Construct, erect or install any structure upon, across, over, under or within the side yard easement or undertake any grading or fill of any other activity upon the side yard easement which is in violation or which would result in a violation of any applicable governmental statute, ordinance, rule, or regulation.
(7)
Side yard easements.
There shall be reserved to the owner of the lot on which the easement exists with respect to the side yard easement area the right to:
(A)
Cause or permit the foundations of the dwelling constructed upon such lot to extend under the side yard easement and to cause or permit the eaves and gutter, if any, of the dwelling constructed upon such lot to extend over the side yard easement at heights no less than and extension distances no greater than as such eaves and gutters are originally constructed; provided that no such gutters shall be permitted which cause or lead to excess water runoff and drainage upon the side yard easement that results in erosion of the surface thereof.
(B)
The owner of the lot on which the easement exists shall not construct, install or otherwise cause to be made any door, window, duct, vent or aperture of any kind in any wall, fence or other structure on such lot which abuts or adjoins the side yard easement.
(8)
Spaces between buildings.
Where more than one building is located on any lot, there shall be at least ten (10) feet between the dwelling and any other building on the same lot.
(9)
Garages and carports.
All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit.
(10)
Roof construction.
All roofs on buildings and structures on any lot shall be clay or concrete tile, standing seam metal with no visible screws or metal fasteners and shall be properly installed on a suitable slope, and asphalt, asbestos, wood, and/or fiberglass shingles shall not be permitted. No flat roofs and/or tar and gravel roofs shall be permitted on any building or structure constructed on any lot.
(b)
The following provisions shall be applicable to all land within Zone 6 classified as R-16 Single-Family Residential:
(2)
Maximum building height.
The maximum building height shall be thirty-two (32) feet above the highest natural contour of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
Rear yard setbacks shall conform to a minimum depth of fifteen (15) feet from the rear lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(C)
A principal dwelling shall provide side yards of not less than ten (10) feet from each side yard. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.
(D)
In the case of a reversed corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirement for the lots in the rear of such corner lot.
(4)
Maximum area of dwelling.
No more than fifty (50) percent of the total lot area shall be used for the dwelling and other structures.
(5)
Minimum dwelling unit size.
All residences shall require not less than 2,500 square feet living area, excluding carport, garage, covered porches, covered contiguous patios or other similar appendages.
(6)
Spaces between buildings.
Where more than one building is located on any lot, there shall be at least ten (10) feet between the dwelling, and any other structure on the same lot.
(7)
Garages and carports.
All lots shall provide for at least one (1) two-car garage of not less than 400 square feet per dwelling unit.
(c)
The following provisions shall be applicable to all land within Zone 6 classified as A-1 Recreational:
(1)
This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(Ordinance 07-09-18E, sec. 3.8, adopted 9/18/07; Ordinance 2021-17, secs. II, XVI–XVIII, adopted 5/18/21; Ordinance 2021-36, sec. XII, adopted 9/21/21)
§ 14.02.409 Zone 7 Peninsula.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 7 regardless of classification:
(1)
Roof construction.
No building constructed on any lot will be designed and constructed so that at any point the horizontal and level distance from the outside of the exterior walls to the nearest point on the perimeter line of the roof (the “roof overhang”) is less than twelve inches (12"). All roofs on buildings and structures on any lot will be clay tile, concrete tile or standing seam metal with no visible screws or fasteners and shall be properly installed with a suitable slope. All other materials, including, but not limited to the following materials: asphalt, asbestos, wood and/or fiberglass shingles, will not be permitted. No flat roofs will be permitted on any building or structure constructed on any lot.
(2)
Fireplaces.
The exposed exterior surface of all fireplaces and/chimneys will be of masonry construction, and no wood or metal exteriors will be permitted. All fireplaces will be enclosed having a cap or roof cover. The exterior will be designed to conform with the design of the dwelling.
(3)
Garages and carports.
All lots shall provide for at least a three (3) car garage of no less than seven hundred fifty (750) square feet per dwelling unit. No garage will face Estate Drive, as shown on the map of Zone 7, unless it is unfeasible to do so. The garage may be detached from the dwelling unit or may be by a breezeway. Any garage may also have servant’s quarters, a studio, a casita, or other similar use.
(4)
Electrical power.
No source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.
(5)
Occupancy of structure.
No structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is issued by the development services department.
(6)
Poles and masts.
No poles or masts of any type, size, or height shall be installed on any lot.
(7)
Spaces between buildings.
Where more than one building is located on any lot, the following spaces and passageways will be provided and maintained: Where dwellings or group dwellings arrange around a court, the average width of the court will not be less than twenty (20) feet. Such court may serve as the passageway for rear buildings or as the space between buildings.
(8)
Accessory structures.
No portable buildings of any kind will be allowed on any lot.
(b)
The following provisions shall be applicable to all land within Zone 7 classified as R-1 Single-Family Residential:
(2)
Maximum building height.
No structure shall exceed forty-five feet (45') above the highest natural contour line of the applicable lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification will control, the following will apply:
(A)
Front yard setback will conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
A principal dwelling will provide total side yards of not less than thirty (30) feet with not less than fifteen (15) feet on any one (1) side. Corner lots will maintain a minimum setback of fifteen (15) feet from the side street line.
(C)
Except as provided below, a rear yard will be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(4)
Structures on any shoreline lots may be located at the shoreline of Lake Lyndon B. Johnson, provided they are constructed a minimum of one foot (1') above the floodplain elevation for such lot, as shown on the FEMA federal insurance rate map (FIRM).
(5)
Maximum area of dwelling.
No more than sixty percent (60%) of the total landmass, as it exists at the time of development, will be used for the dwelling and other structures.
(6)
Minimum dwelling unit size.
All dwellings shall have not less than four thousand (4000) square feet of heated and air-conditioned living area, excluding garage, covered porches, covered contiguous patios, or other similar appendages, unless otherwise provided herein.
(Ordinance 07-09-18E, sec. 3.9, adopted 9/18/07; Ordinance 08-10-21B, sec. II(b), adopted 10/21/08; Ordinance 2019-21, sec. IV, adopted 3/19/19; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-36, sec. XIII, adopted 9/21/21)
§ 14.02.410 Zone 8 Matern Island.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
All land within Zone 8 not classified as A-1 Recreational is subject to the same restrictions as Single-Family Residential (R-1) in Zones 3 and 4, set out in section 14.02.406, except that lots in Zone 8 shall have a front yard setback a minimum of ten (10) feet from the front lot line to the closest structure projection, including porches, but not including eaves, overhangs, planters or fireplaces, and shall provide total side yards with not less than five (5) feet on each side.
(b)
To the extent a conflict exists between this section and section 14.02.406, this section shall prevail.
(c)
The following restrictions apply to all land within Zone 8 not classified as A-1 Recreational:
(1)
No dwelling unit shall be erected or placed on any building lot, which lot has a minimum lot width and size less than that shown on the recorded plat.
(2)
Trucks with tonnage in excess of 3/4 ton, trailers, overnight campers, and recreational vehicles shall not be permitted to park on the streets, driveways, or lots overnight. No repair work, dismantling, or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway, yard, or in the common areas.
(3)
Pitched roofs on all dwellings and accessory structures located on the lots shall be clay or concrete tile or standing-seam metal with no visible screws or fasteners and shall be properly installed on a suitable slope.
(d)
The following restrictions apply to all land within Zone 8 classified as A-1 Recreational:
(1)
This classification is intended to establish and preserve attractive recreational facilities including a golf course, driving ranges, natural or artificial hazards for the game of golf, tennis court, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(Ordinance 07-09-18E, sec. 3.10, adopted 9/18/07; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-36, sec. XIV, adopted 9/21/21)
§ 14.02.411 Zone 9 Escondido.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 9 regardless of classification:
(1)
Uses permitted:
(A)
With the exception of the common area, land classified as R-6 Townhouse, land classified as C-2 General Commercial, and those portions of the zone which are or have been dedicated or conveyed to the county, other governmental or quasi-governmental authorities, or utility service providers, no residential lot shall be used for any purpose other than one (1) dwelling unit, including such accessory improvements as are customarily incidental to single-family residential use and not in conflict with any applicable law;
(B)
An owner may maintain an office or home business in a dwelling on such owner’s lot if:
(i)
Such office or home business is operated by the owner or a member of the owner’s household residing on the lot;
(ii)
There are no displays or signs indicating that the lot is being used other than as a residence;
(iii)
Such office or business does not generate any additional traffic or parking usage by clients, customers or other persons;
(iv)
No equipment or other items related to the office or business is stored, parked or otherwise kept on such owner’s lot or the property outside of an approved enclosure;
(v)
The activity is consistent with the residential nature of the property and complies with all legal requirements;
(vi)
No person is employed in such office or home business except for the owner or the members of the owner’s household residing on the lot; and
(vii)
The owner has obtained prior written approval from the property owners’ association and thereafter registers annually with the association as long as the operation of the home business continues.
As a condition to such use, the board may require the owner to pay an increase in the rate of insurance, trash removal, utilities or other costs for the association or other owners which may result from such use. Garage sales, yard sales and similar activities are prohibited. |
(2)
New construction.
Construction of new dwelling units only shall be permitted on lots within the zone, it being the intent of this provision to prohibit the moving of any existing building or structure onto any lot and remodeling or converting same into a dwelling unit. Provided however, the foregoing shall not be construed as prohibiting remodeling of, or construction of additions to, existing dwelling units that previously have been constructed. Mobile homes, manufactured housing, and all similar housing units are expressly prohibited.
(3)
Height limitations.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A subfloor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(4)
Roofs.
Only roofing materials which are fireproof and are of high grade and quality and which are consistent with the exterior design, color and appearance of other improvements shall be allowed. Acceptable materials include terra-cotta or clay tile. No wood or composition shingles are allowed. Further, no roofing materials that produce a glare are permitted on any improvement. Minimum roof pitch allowed on any dwelling unit shall be a 4:12 pitch; maximum roof pitch allowed in any dwelling unit shall be an 8:12 pitch.
(5)
Swimming pools.
Movable, above-ground swimming pools in excess of six feet (6') in diameter are strictly prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature built into the ground and in a fenced enclosure with self-closing and self-latching gates and otherwise comply with state law. No swimming pools shall be constructed in front yards.
(b)
The following provisions shall be applicable to land within Zone 9 and classified as R-1 Estate Single-Family Residential:
(2)
Floor area.
All dwelling units shall have a floor area of not less than two thousand four hundred (2,400) square feet and not more than nine thousand five hundred (9,500) square feet, exclusive of open porches, patios, garages, balconies and terraces.
(3)
Garages.
All garages shall have capacity for not less than two (2) or more than four (4) standard-sized passenger motor vehicles, provided that an owner may also construct a porte-cochere adjacent to a dwelling unit. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained in such manner that the garage doors thereof shall not face the front of any other residence, and shall not be located nearer than thirty feet (30') to any street curb. All garages must have garage doors. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.
(4)
(Reserved)
(c)
The following provisions shall be applicable to all land within Zone 9 and classified as R-1 Villa Single-Family Residential:
(2)
Floor area.
All dwelling units shall have a floor area of a minimum of one thousand two hundred (1,200) square feet and a maximum of two thousand seven hundred 2,700 square feet.
(3)
Garages.
Construction of each dwelling unit shall be accompanied by construction of a garage. All garages shall have capacity for not less than two (2) nor more than three (3) standard-sized passenger automobiles. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.
(d)
The following provisions shall be applicable to all land within Zone 9 and classified as R-6 Casita:
(2)
Floor area.
All dwelling units shall have a floor area of not less than one thousand five hundred (1,500) square feet.
(3)
Garages.
Construction of each dwelling unit does not have to be accompanied by construction of a garage. All garages shall have capacity for not more than two (2) standard-sized passenger motor vehicles.
(e)
The following provisions shall be applicable to all land within Zone 9 classified as C-2 General Commercial:
(1)
Uses permitted.
(A)
Reserved;
(B)
Reserved;
(C)
Reserved;
(D)
Public agency facilities and structures;
(E)
Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;
(F)
Theaters and auditoriums (except for drive-in theaters);
(G)
Reserved;
(H)
Assisted living facilities;
(I)
Office, professional and general businesses;
(J)
Medical facilities;
(K)
Health clubs, health spas, exercise/fitness centers;
(L)
Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications, and principally serving club members, their guests and resort guests;
(M)
Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.
(2)
The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:
(A)
Maximum building height.
The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.
(B)
Maximum area of building.
Building area shall not exceed sixty percent (60%) of the area of the lot.
(C)
Exterior walls.
All buildings or structures shall have one hundred percent (100%) masonry covering on all exterior walls, excluding doors and windows, except clubhouses which must have exterior walls of at least fifty percent (50%) masonry covering.
(D)
Landscaping.
Provision of landscaping between parking areas and main access areas, except for access driveways. All parking lots must be landscaped. See diagram 1 for example.
(E)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.
(3)
(Reserved)
(4)
For property and projects with unique development needs, the city encourages use of PD planned development zones, as described in division 4.
(5)
Conditional uses.
The following uses shall require a conditional use approval, in accordance with Part VIII Conditional Use Approvals of this article.
(B)
Multifamily residential
(C)
Personal storage building
(D)
Convenience store with a maximum of 8 gas pumps
(E)
Wireless communications tower
(F)
Contractor’s office - no outside storage
(G)
Self-service storage units
(H)
Research lab - non-hazardous
(I)
Community garden less than 1 acre
(J)
Farmer’s market less than 1 acre
(K)
Green plaza/park
(L)
Pavilion
(M)
Dog/animal park
(N)
Biking center
(O)
Kiosk
(P)
Church
(Q)
Library
(R)
Amphitheater
(S)
Office/warehouse
(T)
Temporary real estate sales office for new development
(U)
All uses allowed in the A-1 recreational classification
(f)
The following provisions shall apply to all land within Zone 9 classified as Lago Escondido Estate (Lago Estate), except as specified to the contrary on an approved plat, which specification shall control:
(2)
Floor area.
All dwelling units shall have a floor area of not less than four thousand (4,000) square feet and not more than nine thousand five hundred (9,500) square feet, exclusive of open porches, patios, garages, balconies and terraces.
(3)
Garages.
A maximum of two garages are permitted with a total capacity for not less than one (1) or more than four (4) standard-sized passenger motor vehicles per garage, but in no case less than two (2) total garaged parking spaces per lot. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained in such manner that the garage doors thereof shall not face the front of any other residence, and shall not be located nearer than twenty feet (20') to any street curb. All enclosed garages must have garage doors. Each dwelling unit shall also be allowed one additional garage sized for the storage of a golf cart.
(4)
Driveways.
No lot shall have more than two (2) points of ingress/egress for vehicles and one such point must connect to the street along such lot’s front lot line.
(5)
Exterior color schemes and materials.
The architectural control committee shall have the right to impose limitations on the exterior color and materials to be used on all improvements. The exterior walls (including chimney walls) of all improvements must have one hundred percent (100%) stone or stucco coverage and must use only earth-tone colors.
(Ordinance 07-09-18E, sec. 3.11, adopted 9/18/07; Ordinance 14-04-15A adopted 4/15/14; Ordinance 2018-19 adopted 9/18/18; Ordinance 2019-21, sec. VI, adopted 3/19/19; Ordinance 2020-01, sec. XX, adopted 10/15/19; Ordinance 2020-06, sec. V, adopted 12/10/19; Ordinance 2020-22 adopted 8/25/20; Ordinance 2021-01 adopted 11/17/20; Ordinance 2021-17 adopted 5/18/21; Ordinance 2021-36, sec. XV, adopted 9/21/21; Ordinance 2025-01 adopted 10/15/2024; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.412 Zone 10 Siena Creek.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 10 regardless of classification:
(1)
Building height.
The maximum height limit established is thirty-five (35) feet to the ridge point of the roof, sufficient for a two-story building with a pitched roof. An architectural feature such as a tower can exceed the height restrictions. Maximum building heights shall be measured vertically above the average existing natural terrain prior to grading.
(2)
Roof design.
There shall be no large, unbroken, single-pitched roof planes. Pitched roofs may be gabled, shed, hipped, or tie in to building masses and may be a maximum of 8 in 12 and a minimum of 4 in 12. Flat roofs are not permitted. Mansard roofs are not permitted. Allowable roof materials include clay tile, slate, concrete tile, and metal. The roof area of all two-story homes must include single-story elements. On both one and two-story residences, the roof profile should be richly varied with individual masses and asymmetrical design. The use of deep, heavy facias is encouraged.
(3)
Doors and windows.
All windows and exterior doors shall be of wood, steel, vinyl or aluminum construction. Glass may be coated or tinted to control solar heat gain, but reflective mirrored appearance shall not be allowed. Skylights shall have a low profile above the roof plane. The frames of skylights must be the same color as the roof.
(4)
Decks.
Decks that extend off the upper levels above grade should be designed as an integral element of the building and not an appendage. Columns supporting such elements must be over-scaled and include the use of stone or brick. Wood columns may be used as an integral element but must be a minimum of an 8" x 8" member or a combination of four (4) 4" X 4"'s.
(5)
Fireplaces and chimneys.
Fireplace masses should be integrated with and blend well with the materials and character of the home and must always be faced with stone, brick or stucco. In no case will exposed metal flues be allowed.
(6)
Accessory structures.
Accessory structures must be designed as integral elements of and be complementary to the main structure. Materials, colors and finishes must be similar on all such structures, and visually related by way of connecting walls, pergolas, terraces, or other landscape treatments. Accessory structures must meet all setback and easement requirements. Prefabricated storage buildings shall not be allowed within any designation.
(7)
Sports and tennis courts.
Private sports and tennis courts are prohibited.
(8)
Swimming pools and spas.
Private swimming pools and spas, if any, should be designed as being visually connected to the residence through the use of walls or courtyards and must be positioned with consideration for visual and noise impact with respect to adjacent lots, and public spaces. The pool equipment areas must be screened from view from all surrounding properties. The pool equipment screen must be opaque. Screening with evergreen plant material must be large enough at time of planting to form a solid hedge; architectural screening must be of material and color that is complementary to the house. Enclosure fencing for pools and spas must meet all applicable building and safety codes. Exposed pool foundations, pool skirting or patio foundation must be constructed of the same masonry material as the residence constructed. Above-ground pools are prohibited.
(b)
The following uses and regulations will apply to all land within Zone 10 and classified as R-1 Single-Family Residential:
(2)
Minimum setback distances.
Minimum setback distances from lot property lines are as follows:
(A)
Front (applicable to all lot boundaries that abut rights-of-way) 30'.
(B)
Side (applicable to all lot boundaries that abut rights-of-way) 15'.
(C)
Side (total of 15' with minimum one side of 5') 15'.
(D)
Rear (the greater distance of 15 feet from property line or the 60-foot LCRA water quality easement).
(3)
Slab elevation.
All improvement foundations shall be set at the minimum elevation as shown on the recorded plat and/or two (2) feet above base elevation.
(4)
Impervious cover.
The maximum lot coverage of impervious cover is sixty percent (60%).
(5)
Minimum dwelling unit size.
The minimum square footage permissible for any dwelling shall be three thousand (3,000) square feet of heated/air-conditioned space.
(6)
Maximum area of dwelling.
Notwithstanding uses otherwise permitted herein, no more than fifty percent (50%) of the total lot area will be used for the dwelling and other structures.
(7)
Driveways.
Each lot shall be accessed by only one driveway. Access drives must be located to preserve and protect important natural features, such as large or significant plant materials, trees, drainageways, and rock outcroppings. The driveway must be designed to allow for two uncovered parking spaces. The spaces shall be a minimum of thirty feet (30') from the front lot line and shall include substantial landscaping to screen the guest parking area from the street or neighboring property. The paved surface of a driveway shall be a maximum of fourteen feet (14') wide except for the turn-around near the garage. The driveway shall intersect the street at a right angle. Driveway paving should have flared aprons where it intersects the roadway pavement. Flared sections at the road may not exceed an 8-foot-wide radius. Where possible, a driveway should be flush with the finished grade. Driveway surfaces shall be a minimum of 4" thick concrete. Driveways shall be located where the least amount of cut or fill is required. Driveway material may be of natural gray concrete, integrally colored concrete, exposed aggregate concrete, pattern stamped concrete or natural materials such as such stone or brick.
(8)
Garages and garage doors.
Garage doors shall not face the street. For lots 1 through 6, no garage door may face the rear lot line. All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit. In all cases garages should be attached to the main residence at a minimum with an arbor or breezeway element. Garages will not be allowed to orient directly to the street and should be set back. No more than two (2) garage stalls will be allowed directly adjacent to each other. No more than three (3) doors will be permitted in an elevation. A maximum of four (4) stalls will be allowed.
(9)
Additional restrictions on accessory structures.
All accessory structures necessary to such primary use may occupy not more than fifty (50) percent of a required rear yard and may not be more than fifteen (15) feet in height. No accessory structure will be erected closer than fifteen (15) feet to the line of an abutting lot and no such building will occupy any portion of a required front or side yard.
(c)
The following uses and regulations will apply to all land within zone 10 and classified as R-1 single-family townhouse residential:
(2)
Minimum setback distances. Minimum setback distances from lot property lines are as follows:
(B)
As to R-1 residential townhome lots within lot 18:
(i)
Front 15'.
(ii)
Side 5'.
(iii)
Side Street yard setback 15'.
(iv)
Rear yard setback is at BMPE (Water Quality Easement) line.
(v)
When the side setbacks intersect with the front or rear setbacks, the restrictions associated with both types of setbacks apply, so the total would be 20' for front and side setbacks and 25' for front and rear setbacks.
(3)
Slab elevation.
All improvement foundations shall be set at the minimum elevation as shown on the recorded plat.
(4)
Impervious cover.
The maximum lot coverage is sixty percent (60%).
(5)
Minimum dwelling unit size.
The minimum square footage permissible for any dwelling shall be seventeen hundred (1,700) square feet of heated/air-conditioned space for a one-story townhouse and two thousand (2,000) square feet of heated/air-conditioned space for a two-story townhouse.
(6)
Maximum area of dwelling.
Notwithstanding uses otherwise permitted herein, no more than fifty percent (50%) of the total lot area will be used for the dwelling and other structures.
(7)
Driveways.
Each lot shall be accessed by only one driveway. Access drives must be located to preserve and protect important natural features, such as large or significant plant materials, trees, drainageways, and rock outcroppings. The driveway must be designed to allow for two uncovered parking spaces. The spaces shall be a minimum of fifteen feet (15') from the front lot line. The paved surface of a driveway shall be a maximum of fourteen feet (14') wide except for the turnaround near the garage. The driveway shall intersect the street at a right angle. Driveway paving should have flared aprons where it intersects the roadway pavement. Flared sections at the road may not exceed an 8-foot-wide radius. Where possible, a driveway should be flush with the finished grade. Driveway surfaces shall be a minimum of 4" thick concrete. Driveways shall be located where the least amount of cut or fill is required. Driveway material may be of natural gray concrete, integrally colored concrete, exposed aggregate concrete, pattern stamped concrete or natural materials such as such stone or brick. NOTE: Add this to list of non-conforming lots if they are created.
(8)
Garages and garage doors.
All lots shall provide for at least one garage of no less than 420 square feet per dwelling unit so as to accommodate two standard-size vehicles, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed and may face a street or side street.
(9)
Additional restrictions on accessory structures.
All accessory structures necessary to such primary use may occupy not more than fifty (50) percent of a required rear yard and may not be more than fifteen (15) feet in height. No accessory structure will be erected closer than fifteen (15) feet to the line of an abutting lot and no such building will occupy any portion of a required front or side yard.
(Ordinance 07-12-11F, sec. II, adopted 12/11/07; Ordinance 2020-01, secs. XXII, XXIII, adopted 10/15/19; Ordinance 2020-07 adopted 12/10/19; Ordinance 2021-17, secs. II, XXI–XXV–XXVII, adopted 5/18/21; Ordinance 2021-36, sec. XVI, adopted 9/21/21)
§ 14.02.413 Zone 11 The Trails.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within Zone 11 classified as Single-Family Residential ("R-1"):
(1)
Uses permitted.
(A)
Single-family dwelling;
(B)
No lot or no building erected or maintained on any lot will be used for manufacturing, industrial, business, professional, commercial, institutional or other nonresidential purposes, except for a business in which:
(i)
The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the lot;
(ii)
The business activity conforms to all covenants of the subdivision;
(iii)
The business activity does not involve regular visitation to the lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents in the property.
(2)
Commercial vehicles.
No commercial vehicle will be parked on any street, right-of-way or lot except within an enclosed structure which prevent such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. No trucks or vehicles of any size that transport flammable or explosive cargo may be kept on the lot at any time, except for the transportation of propane to a residence for residential consumption.
(3)
Parking.
No motor vehicles, mobile homes, or recreational vehicles may be driven or parked in the common areas, the common maintenance areas or an any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement, provided, however, that this restriction will not apply to driveways or streets intended for vehicular use which will be subject to the following limitations:
(A)
Lot owners must park all of their vehicles in their garage or upon the impervious driveway or parking apron of their property.
Editor’s note–Former subsection (3)(B), pertaining to parking of guest’s vehicles, was deleted by Ordinance 14-01-21B, sec. IV, adopted 1/21/14. Similar provisions can be found in article 12.03 of this code.
(4)
Garages and driveways.
All openings to garages must be situated within the setback lines. All lots shall provide for at least one (1) two-car garage of not less than four hundred (400) square feet per dwelling unit. Garages may be attached or detached. Porte-cochere-like structures attached to the main house and accessory structures with similar architectural features shall be allowed. No more than two (2) adjacent garage stalls will be allowed in the same plane, and no more than four (4) garage stalls will be allowed per lot except for those lots which exceed three (3) acres in size.
(5)
Setbacks.
All lots will have specified front, side and rear setbacks from the property line within which no vertical improvements may be placed. These setbacks are not uniform throughout the property and may vary according to size, shape, orientation or topographic condition of the lot. These setbacks will be specified in the plat and/or the deed restrictions for each lot. A driveway and garage apron may be placed on one (1) side yard setback to facilitate parking and the access to the garage, but such apron shall be no closer than ten feet (10') to the property line. No vertical improvements or view blocking landscaping may be placed outside the building setbacks.
Lot Type | Front | Rear | Each Side Yard |
|---|---|---|---|
Waterside Lots 17-B | 50' | 50' | 25' |
Waterside Lots 17-B | 50' | 50' | 25' |
Waterside Lots 18-1A | Per Plat | Per Plat | North 10' |
Waterside Lots 18-2A | Per Plat | Per Plat | South 25' |
Waterside, Phase II, Lots 54-57 | 50' | 50' | 25' |
Waterside Phase II Lots 58-64 | 25' | 50' | 5' |
(Lot Nos. 57-64) Boat docks may be built in rear setback | |||
Creekside | 50' | 50' | 25' |
Creekside II Phase III | 50' | 50' | 25' |
Ridgeline Phase III | 50' | 50' | 25' |
Morning Star Villa, Phase II | 25' | 25' | 10' |
Kelley & Alexis Lane Villas | 25' | 50' | 10' |
Trails Point - Megan Lane | Per Plat | Per Plat | Per Plat |
Trails End | As shown on the respective plat/replat | ||
(6)
Minimum and maximum dwelling unit area.
All lots will have a specified minimum and maximum for the construction of conditioned improvements. Conditioned improvements are those that are heated and air-conditioned. In Phases I, II and III the following is applicable:
Conditioned Area in Square Feet | ||
|---|---|---|
Lot Type | Minimum | Maximum |
Ridgeline | 3,000 | 6,000 |
Waterside | 3,000 | 8,000 |
Waterside Phase II | 3,000 | 8,000 |
Waterside Phase II (Nos. 58-64) Single story or split level only | 2,000 | 3,500 |
Creekside Lots 47-53 and 66-76 | 2,750 | 6,000 |
Creekside II, Phase III Lots 46,77-82 and 88-91 | 2,750 | 6,000 |
South Ridgeline, Phase III (single or split level* only) | 3,000 | 6,000 |
Morning Star Villas, Phase III (single story only) | 2,000 | 3,000 |
Kelley & Alexis Lane Villas, Phase III (single story only) | 2,000 | 3,000 |
Trails End | 2,000 | 3,000 |
Trails End Lots 21-26 (single story only) | 2,000 | 2,700 |
Trails Point (single story only) | 2,000 | 3,000 |
Trails Point Lot 5 (single story or split level* only) | 2,000 | 3,000 |
* Split level: A two story house where no more than one living area is below the entry level of the residence. |
(7)
Ground floor to second floor ratios.
Second floor building improvements cannot exceed 35% of the ground floor improvements. This applies to conditioned areas only.
(8)
Maximum building height.
The maximum building height shall be no more than thirty (30) feet measured from the mean elevation of the natural grade of the inclusive building area. For purposes of this section, “height” means the vertical distance from that point to the highest point of the coping of a flat roof or to the highest point of a gable on a pitched or hipped roof, or if none of the preceding, then to the highest point of the structure. “Grade” means the horizontal surface of the ground, where height is to be measured. Utility and mechanical structures, chimneys, cupolas, located on top of a building are not included in the calculation or measurement of height. (See Diagram 2 below.)
(9)
Roofing material.
All roofs shall be standing seam metal of natural colors with a nonreflective matte finish with no visible screws or fasteners. Galvanized finishes or colors such as blue, green, or red are not allowed. Clay tile roofs are allowed; wood shingles are prohibited. Mansard roofs are prohibited. The maximum roof pitch is 10 inches of rise in 12 inches of run.
(10)
Chimneys.
All chimneys shall be finished with a chimney cap compatible with the design of the residence. Spark arrestors are required.
(11)
Cut and fill.
Generally, a cut and fill ratio of sixty-five percent (65%) cut to thirty-five percent (35%) fill shall be allowed. The maximum vertical cut is six (6) feet. Exposed cuts should result in a clean, solid stone ledge of natural rock, retaining walls with an applied finish material or revegetated. Retaining walls that are returned to grade are required to have a finish material that also returns to grade. Slope gradients shall return to natural grade as quickly as practical using a combination of slope and retaining walls.
(12)
Air-conditioning units.
No air-conditioning apparatus will be installed on the ground in front of a residence nor will any air-conditioning apparatus or evaporative cooler be attached to any front wall or any window of a residence. All apparatus shall be screened so that it is not visible from adjoining property or streets. If vegetative buffers are used the plant material shall be large enough at the time it is planted to screen the air-conditioning unit from view.
(13)
Swimming pools.
Movable, above-ground swimming pools in excess of six feet (6') in diameter are prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature built into the ground. No swimming pools shall be constructed in front yards.
DIAGRAM 2  |
(14)
Lots 54 through 63 of the Trails of Lake LBJ, Phase Two
are not entitled to place boat docks, docks, or structures of any kind which extend past the 825' contour line of Lake LBJ.
(A)
Lots 54, 55, and 56 may not dredge, excavate or "dig" into their lots to create a boat dock, dock, or other similar type structure.
(B)
Lots 57 through 63 may dredge or excavate or "dig in" from the 825' contour line into the area of their property above the 825' contour line in order to construct and create a boat dock, dock, or other similar type construction.
(C)
No boat dock, dock or similar structure may exceed 900 square feet.
(b)
The following provisions shall be applicable to all land within Zone 11 classified as Lake Area Recreation ("LR-1").
(1)
This classification is intended to provide appropriate areas to be used for boat and personal watercraft slips and associated accessory uses for the benefit of the owners of property within Zone 11 or their guests.
(3)
Dry-Stacking.
Storage of boats by stacking is prohibited.
(4)
Patron vehicle parking.
A minimum of one parking space is required for every three (3) boat or personal watercraft slips.
(5)
Development Standards.
(A)
LCRA permit.
All improvements must obtain applicable permits from the Lower Colorado River Authority and otherwise comply with the Highland Lakes Marina Ordinance. All applicants for an LCRA permit within the corporate limits of Horseshoe Bay shall notify the city that the application has been submitted.
(B)
In addition to applicable requirements of the Highland Lakes Marina Ordinance, buffering or screening consisting of adequate open space and/or landscaping shall be required between any lake area recreation uses and single-family residences or other potentially incompatible uses and open space.
(C)
Covered areas shall be limited in height to a maximum of twenty feet measured from the highest existing natural grade on the lot. There are no setbacks required for covered area structures. Standing seam metal roofs are required with a pitch ranging between a minimum of 1:12 and a maximum of 3:12.
(D)
The covered boat and trailer storage (parking) area may be secured with a gated perimeter "wrought iron style" fence with a maximum height of 7 feet between pilasters consisting of stone, steel, or cedar posts.
(Ordinance 07-09-18E, sec. 3.13, adopted 9/18/07; Ordinance 2021-17, sec. II, adopted 5/18/21; Ordinance 2021-17, sec. XXIX, adopted 5/18/21; Ordinance 2021-17, sec. XXVIII, adopted 5/18/21; Ordinance 2021-17, sec. XXX, adopted 5/18/21; Ordinance 2021-17, sec. XXXI, adopted 5/18/21; Ordinance 2021-36, sec. XVII, adopted 9/21/21; Ordinance 2025-19 adopted 6/17/2025)
§ 14.02.414 Zone 12 Summit Rock Communities.
(a)
Applicable regulations.
(1)
Zoning and subdivision regulations.
The property shall be regulated for purposes of zoning and subdivision by chapter 10 and this chapter. Particular zoning classifications are set forth in this section. Where a general zoning item is not specifically addressed in this section but is addressed by this chapter, this chapter shall control. In the event of any conflict between this section and this chapter, this section shall control. Where an item is not specifically addressed in this section but is addressed by chapter 10 of this code, chapter 10 shall control. In the event of any conflict between this section and chapter 10 of this code, this section shall control.
(2)
Applicability of other regulations.
In the event of a conflict between this section and any other city ordinance, resolution, plan or policy that is applicable to the property, (A) this section shall control; and (B) such other ordinances, resolutions, plans, policies are deemed to be amended to the extent necessary to eliminate conflict as to the property. Notwithstanding the foregoing, development of the property shall be subject to ordinances that the city is required by state or federal law to adopt and apply uniformly to all property within its corporate limits, regardless of whether such ordinances conflict with this section.
(b)
Definitions.
(1) Bicycling. Family.
The following definitions in this chapter are hereby amended and restated as follows:
To ride or propel a device commonly known as a bicycle, unicycle, tricycle or similar non-motorized device; or to ride or propel a device commonly known as a scooter, with a deck designed to allow a person to stand or sit while operating the device, and includes such a device whether powered by electricity, gas, human or other power.
One or more persons related by blood, marriage, or adoption; or a group not all related by blood, marriage, adoption or guardianship not to exceed two persons per bedroom, occupying a dwelling unit.
(2) City inspector. Developer. PD concept plan. PD zone. Project. Project design standard. Property. Regulations.
The following definitions in chapter 10 are hereby amended and restated as follows:
The individual, or his/her designee, whether an employee of or contracted by the city to perform such services, with responsibility to review and approve construction plans for development projects. He/she is also responsible for overseeing the construction of the development to ensure that it meets the requirements of the project design standards.
Summit Rock Communities LLC, its successors and assigns. The terms “subdivider” and “developer” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation (or combination thereof), and/or any officer, agent, employee, servant and trustee thereof who performs or participates in the performance of any act toward the subdivision of land within the intent, scope and purview of this section and has been designated as a “developer” by the declarant.
Establishes the general guidelines for the PD zone by identifying the proposed land uses and intensities, thoroughfare locations, and open space boundaries and illustrates the integration of these elements into a master plan for the entire PD zone set forth as Exhibit A [attached to Ordinance 12-06-19A].
A planned development zone under this chapter.
The mixed-use development, which will include single-family residential land uses, multifamily, commercial, and retail land uses, together with recreational amenities and residential communities known as the Communities of Summit Rock.
The design standards for construction set forth herein as Exhibit B [attached to Ordinance 12-06-19A].
The approximately 1,584 acres of land currently located within the corporate boundaries of the city and is also the project.
The city’s subdivision and development regulations as may be modified by the terms of this section.
(3) Amenities. Amenity owner. Declarant. Development amenities owner. Paved. Summit Rock Architectural Committee.
The following definitions in the planned development are hereby amended and restated as follows:
All recreational and recreational facilities and properties and supporting facilities and properties owned by Horseshoe Bay Resort, Ltd., or its subsidiaries, successors or assigns, and operated by Horseshoe Bay Resort and Members Club Inc., or its subsidiaries, successors or assigns, including, but not limited to, eighteen (18) hole golf course, Smokehouse, maintenance facility, clubhouse, and other recreational facilities, present or future.
Horseshoe Bay Resort, Ltd., and any successor or assign thereof to which Summit Rock Communities, LLC specifically assigns all or part of the rights of the declarant by an express written assignment.
Summit Rock Communities LLC, and any successor or assign thereof to which Summit Rock Communities, LLC specifically assigns all or part of the rights of the declarant by an express written assignment.
Summit Rock Communities, LLC as the provider of the development amenities and the Master Association when the amenities are transferred for maintenance.
Roadway materials of hot-asphalt mix or concrete.
The architectural committee having jurisdiction over the Summit Rock Covenants, Conditions and Restrictions (CC&Rs).
(c)
Zone 12 – generally.
(1)
Standards
The following provisions shall be applicable to all land within zone 12 regardless of classification and the restrictions and standards described in section 14.02.402 are hereby amended and restated as follows:
(A)
Roof.
No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.
(B)
Docks.
Docks or other devices for swimming or boating on creeks, ponds and rivers may be installed in accordance with the project design standards in Exhibit B [attached to Ordinance 12-06-19A].
(C)
Exteriors.
All structures must have exterior walls of at least fifty percent (50%) masonry on the surface of the walls excluding door frames and window frames. The exterior portion of all walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed into the final masonry.
(D)
Gas tanks.
No liquefied petroleum gas, propane, or butane container or other tank used for the storage of gases or liquids for fuel shall be placed on any lot unless the same is architecturally concealed from view.
(E)
Fences.
No fence or wall exceeding seven feet (7') in height shall be built on any lot.
(F)
Yard lights.
Decorative electric yard lights for single-family residential lots shall not exceed six and one-half feet (6.5') in height and shall be maintained in a working manner so that the light shall burn all night every night.
(G)
Utilities.
All utilities and utility services on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure except for wires for any satellite dishes, broadband radio antennas, weather instruments, security devices, lightening arrestors, grounding rods, except as otherwise provided on any approved plat or plats filed of record covering such lot or as currently in place for property fronting RM 2147 and as permitted by Pedernales Electric Cooperative.
(H)
Sewer system.
Where a sanitary sewer system is made available to any lot on which a structure is located or being constructed, it is required that the structure be connected to and use such system, and no septic system shall be allowed without approval of an OSSF permit by the city.
(I)
Drainage.
Drainage structures shall always have a net drainage opening area of sufficient size to permit free flow of water in accordance with the requirements of LCRA Highland Lakes Watershed Ordinance, as amended.
(J)
Parking.
(i)
The owner of any lot shall provide appropriate paved space for off-street parking for the owner’s vehicles.
(ii)
No motor vehicles, mobile homes, boats or recreational vehicles may be driven or parked in any yard, or in any common areas, the common maintenance areas or on any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement. No boat and/or boat trailer, motorcycle, or recreational vehicle shall be permitted to remain overnight on any property, street or driveway exposed to public view.
(iii)
Lot owners, guests and invitees of any owner will be allowed to park their vehicles along the street in front of the owner’s property provided that such persons:
(K)
Easements.
Within easements reserved, as shown on an applicable plat, no structure, fence, planting, or other material shall be placed on or permitted to remain which might damage or interfere with the installation and maintenance of utilities except as otherwise approved by the city or which might change direction of flow of drainage channels in the easements or which might obstruct or retard the flow of water through drainage channels except as otherwise permitted by the LCRA Highland Lakes Ordinance, as amended.
(L)
No drilling.
In relation to oil, gas, minerals and gravel, soil and rocks, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be permitted upon or on any lot.
(M)
Commercial vehicles.
No commercial vehicle will be parked on any street, right-of-way, or residential lot except within an enclosed structure which prevents such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. No vehicle of any size which normally transports inflammatory, explosive, or otherwise hazardous cargo may be kept at any time, except where such vehicle is temporarily delivering, loading or unloading its cargo.
(N)
Electrical power.
Subject to developer’s receipt of any temporary use permit from the city, no source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.
(O)
Occupancy of structures.
Subject to any temporary use permit issued by the city to the developer and/or amenity owner for any temporary structures, no structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is approved by the city.
(P)
Roofing materials.
Only roofing materials which are fireproof and which are consistent with the exterior design, color and appearance of other improvements are allowed.
(Q)
Driveways.
Except lots in C-2, C-3, A-1 and R-2 or R-4, no lot shall have more than one (1) point of ingress/egress for vehicles and such point must connect to the street along such lot’s front lot line. A-1, R-2, and R-4 driveways may be shared between units. R-2 and R-4 multiple units may be accessed by private driveways within common areas connected to streets. Such private multiple unit access driveways must be no less than 20-feet wide.
(R)
Swimming pools.
Movable, above-ground swimming pools in excess of six feet (6') in diameter are strictly prohibited. All swimming pools in excess of six feet (6') in diameter must be of a permanent nature, built into the ground and surrounded by a fence enclosure with self-closing and self-latching gates and otherwise comply with state law. No swimming pools shall be constructed in front or side yards except as follows: No swimming pools shall be constructed in the front yard (i.e., they are permitted in the rear and side yards) of lots 23-A through 26-A or lots 27-A through 30-A of Summit Rock Phase Four as may be hereinafter amended.
(S)
Chimneys.
All chimneys shall be finished with a chimney cap compatible with the design of the residence. Spark arrestors are required.
(T)
Uses permitted.
For lots classified as any R-1 designation, and except for any common areas and those portions of zone 12 which are or have been dedicated or conveyed to the city, other governmental or quasi-governmental authority, or utility service provider: (i) no lot shall be used for any purpose other than construction and occupation thereon of the permitted number of dwelling units on the lot, including such accessory structures as are customarily incidental to those uses and not in conflict with any applicable law; and (ii) except in connection with the rental of any dwelling unit by the owner thereof for residential purposes or use by any owner of any dwelling unit in connection with any home occupation, no part of any lot in the following classifications R-1 Estate Single-Family Residential, R-1 Villa Single-Family Residential Only, R-2 Villas and R-4 Multifamily Residential, shall ever be used or caused to be used or allowed or authorized in any way, for commercial, technology, mercantile or other such nonresidential purposes.
(U)
Alternative transportation.
All means of alternative transportation devices shall be permitted on public and private streets.
(2)
Utility service.
The Water and Wastewater Agreement dated November 29, 2011 between the city and Summit Rock Communities LLC states the terms under which the city will provide water and wastewater utility service to Summit Rock Communities LLC. The agreement of the city to provide utility service under the terms of such agreement applies to all property in zone 12 Summit Rock except for the 12.95 acre C-2 Commercial Tract identified as A-3 in the Map Product Inventory included as Exhibit A to the Concept Plan [attached to Ordinance 12-06-19A].
(d)
Zone 12 land use classifications.
Zone 12 shall consist of the following land classifications, and the dimension and area standards within section 14.02.463(d)(4) are hereby superseded by the provisions in this subsection.
(1)
R-1 Cabin Single-Family Residential Only.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than sixty [percent] (60%) of the total lot area shall be used for the dwelling and other enclosed structures.
(E)
Minimum dwelling unit size.
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,400 sf |
Two story | 1,700 sf |
(F)
Garage/carports/paved parking area.
All lots shall provide for either a paved parking area or one garage or one (1) carport of no less than two hundred and ten (210) square feet per dwelling unit so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport or garage shall have a minimum width, as measured from inside column, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered and all garages shall be enclosed.
(2)
R-1 Cottage Single-Family Residential Only.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size.
Excluding garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,700 sf |
Two story | 2,000 sf |
(F)
Garages.
All lots shall provide for at least one (1) garage of no less than five hundred and fifty (550) square feet per dwelling unit so as to accommodate two standard-sized vehicles and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.
(3)
R-1 Estate Single-Family Residential Only.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line;
(iii)
A rear yard shall be maintained of at least twenty-five (25) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size.
Excluding garage, covered porches, covered contiguous patios or other similar appendages:
One story | 2,500 sf |
Two story | 2,800 sf |
(F)
Garages.
All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit so as to accommodate two standard-sized vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained as side entry/load in such manner that the garage doors thereof shall not face the front of any other residence of any street, and shall not be located nearer than thirty feet (30') to any street curb. All garages shall be completely enclosed.
(4)
R-1 Golf Single-Family Residential Adjacent to Golf Course.
(A)
Purpose.
The purpose of the R-1 Golf classification is to serve as a transitional zoning designation abutting the golf course and adjoining R-1 Single-Family residential areas.
(C)
Uses not permitted.
Other than a residential structure on a replatted lot in this classification, no structure higher than four feet (4') above natural grade on an R-1 Golf Single-Family Residential Lot Adjacent to Golf Course property that is transferred by a warranty deed or quitclaim deed from the golf course owner to a lot owner for the purpose of extending lot owners rear lot line.
(D)
Additional provision applicable to all property in this classification.
Upon transfer of property by golf course owner to the lot owner for the purpose of extending a lot owner’s rear lot line, both properties shall be replatted into one lot, and there shall be a note on the plat that the additional property is restricted to landscaping and outdoor recreational use only.
(E)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(F)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line;
(iii)
A rear yard shall be maintained of a least twenty-five (25) feet from the rear lot line to the nearest building line.
(G)
Maximum area of dwelling:
Notwithstanding uses permitted herein, no more than fifty percent (50%) of the total lot area shall be used for the dwelling and other structures.
(H)
Minimum dwelling unit size.
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
One story | 2,500 sf |
Two story | 2,800 sf |
(I)
Garages.
All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit so as to accommodate two standard-sized vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained as side entry/load in such manner that the garage doors thereof shall not face the front of any other residence of any street, and shall not be located nearer than thirty feet (30') to any street curb.
(5)
R-1 Family Homesteads (8–12 acre tracts).
(A)
Uses permitted.
(i)
Any uses permitted in the R-1 areas;
(ii)
Tract can be divided into no less than three-quarter (3/4) acre lots, such divided tracts of which are to be zoned R-1;
(iii)
Casita maximum of four (4) per acre and maximum of 10 per tract;
(iv)
Accessory structures necessary to such use located on the same tract;
(v)
Compound.
(B)
Maximum building height.
No dwelling unit erected on any acre lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
The principal structure and any casita shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size.
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
Main House | |
|---|---|
One story | 1,700 sf |
Two story | 2,000 sf |
Guesthouse | |
|---|---|
One story | 550 sf |
Two story | 1,000 sf |
(F)
Garages.
Main house shall provide for at least one (1) two-car garage and golf cart storage of no less than five hundred and fifty (550) square feet per dwelling unit so as to accommodate two standard-sized vehicles and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed. A guesthouse shall provide for at least one (1) carport of no less than two hundred and ten (210) square feet per guesthouse so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport shall have a minimum width, as measured from inside column, of then [ten] feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered.
(6)
R-1 Villa Single-Family Residential Only.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least ten (10) feet from the rear lot line to the nearest building line.
(D)
Minimum dwelling unit size.
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,700 sf |
Two story | 2,000 sf |
(E)
Garages.
All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit so as to accommodate two standard-size vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.
(7)
R-2 Villas.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size (per unit).
Excluding garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,700 sf |
Two story | 2,000 sf |
(F)
Garages.
All units shall provide for at least one (1) garage of no less than four hundred (400) square feet per dwelling unit so as to accommodate one standard-sized vehicle and one (1) golf cart and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be completely enclosed.
(8)
R-4 Cabin Multifamily Residential.
(A)
Uses permitted.
(i)
Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;
(ii)
Two or more dwelling units;
(iii)
Shared common area drive and parking off main interior road;
(iv)
Accessory structures necessary to such use located on the same lot.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories, or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a two-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of fifteen (15) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling.
No more than sixty (60%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size (per unit).
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,400 sf |
Two story | 1,500 sf |
(F)
Carport.
All units shall provide for at least one (1) carport of no less than two hundred and ten (210) square feet per dwelling unit so as to accommodate one standard-sized vehicle and such structure shall be connected to the main structure. The connection may be by a breezeway. Each carport shall have a minimum width, as measured from inside column, of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All carports shall be covered.
(9)
R-4 Multifamily Residential Condominiums, Townhomes and Apartments.
(A)
Uses permitted.
(i)
Any use permitted in the R-1 area that meets the requirements of the R-1 classification and any use permitted in the R-2 area;
(ii)
Three or more dwelling units only when in the C-3 classification;
(iii)
Shared common area drive and parking off main anterior road;
(iv)
Accessory structures necessary to such use located on the same lot.
(B)
Maximum building height.
No dwelling unit erected on any lot shall have more than four (4) stories, or exceed a maximum height of forty-eight feet (48') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of fifty-five feet (55') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement, may be allowed as an addition to a four-story dwelling unit where necessary due to topographical considerations on such lot.
(C)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(i)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces;
(ii)
A principal structure shall provide total side yards of not less than ten (10) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of fifteen (15) feet from the side street line;
(iii)
A rear yard shall be maintained of at least fifteen (15) feet from the rear lot line to the nearest building line.
(D)
Maximum area of dwelling:
No more than sixty percent (60%) of the total lot area shall be used for the dwelling and other structures.
(E)
Minimum dwelling unit size (per unit).
Excluding carport, garage, covered porches, covered contiguous patios or other similar appendages:
One story | 1,200 sf |
Two story | 1,700 sf |
(F)
Parking.
All multifamily dwellings or structures must provide a minimum of two (2) parking spaces for each dwelling unit or apartment. Such parking spaces shall be ten feet (10') wide and twenty feet (20') long. Under no circumstances will any parking be permitted within the setback areas adjacent to streets or on the streets.
(10)
C-2 Commercial.
(A)
Uses permitted:
(i)
Retail or wholesale stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail or wholesale business conducted on the premises and which is compatible with the uses permitted below;
(ii)
Automobile parking areas;
(iii)
Public agency facilities and structures;
(iv)
Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;
(v)
Theaters and auditoriums (except for drive-in theaters);
(vi)
Hotel, motel, or commercial lodging facility, except for an RV park;
(vii)
Assisted living facility;
(viii)
Office, professional and general business;
(ix)
Medical facility;
(x)
Health club, health spa, exercise/fitness center;
(xi)
Clubhouses, golf and tennis pro shops and attendant facilities, located in and surrounded by R-1 classifications;
(xii)
Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.
(B)
The following provisions shall be applicable to all land within this zone classified as C-2 general commercial:
(A)
Maximum building height.
The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot, except clubhouses which shall be limited to thirty-two (32) feet.
(B)
Maximum area of building.
Building area shall not exceed sixty percent (60%) of the area of the lot.
(C)
Landscaping.
Provision of landscaping between parking areas and main access areas, except for access driveways. All parking lots must be landscaped. See diagram 1 for example.
(D)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.
(C)
(Reserved)
(D)
Texas Accessibilities Standard.
As to any buildings within C-2 classification which are commercial facilities open to the public, the owner of such building shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.
(E)
Conditional uses.
The following uses shall require a conditional use approval, in accordance with Part VIII Conditional Use Approvals of this article.
(ii)
Multifamily residential
(iii)
Personal storage building
(iv)
Convenience store with a maximum of 8 gas pumps
(v)
Wireless communications tower
(vi)
Contractor’s office - no outside storage
(vii)
Self-service storage units
(viii)
Research lab - non-hazardous
(ix)
Community garden less than 1 acre
(x)
Farmer’s market less than 1 acre
(xi)
Green plaza/park
(xii)
Pavilion
(xiii)
Dog/animal park
(xiv)
Biking center
(xv)
Kiosk
(xvi)
Church
(xvii)
Library
(xviii)
Amphitheater
(xix)
Office/warehouse
(xx)
Temporary real estate sales office for new development
(11)
C-3 Commercial.
(A)
Uses permitted.
(i)
Any use permitted in R-4 Multifamily Only and C-2 Commercial;
(ii)
Master planning of all of the following uses is required, along with Summit Rock Architectural Committee and city approval:
a.
Regional hospital;
b.
A heliport and medical flight services;
c.
Medical offices;
d.
Medical facilities such as a rehabilitation center or long-term acute care center;
e.
Large scale retail and professional buildings;
f.
Hotel/motel;
g.
High tech manufacturing;
h.
Higher education and private school campuses;
i.
Accessory structures to any of the foregoing permitted structures and uses.
(B)
Prohibited uses and structures.
Any except as otherwise provided in this section, any activity which produces nuisances as described in the city’s ordinances is prohibited. Noise produced by helicopters and ambulances providing service associated with medical facilities shall not be construed to constitute a nuisance. Use of the heliport for purposes other than transporting patients, personnel, or supplies is prohibited.
(C)
Minimum lot size.
Area: 10 acres
(D)
Minimum perimeter building setbacks.
Abutting a: | Residential Use | Nonresidential Use |
|---|---|---|
100 feet | 40 feet |
(E)
Minimum perimeter buffer zone.
Abutting a: | Residential Use | Nonresidential Use |
|---|---|---|
50 feet, landscaped or naturally vegetated | 20 feet, landscaped or naturally vegetated |
(F)
Architectural controls.
(i)
Height.
a.
A hospital building shall be limited to 160 feet above the highest natural grade under the slab.
b.
A hotel building, a parking structure and a rehabilitation center, long-term acute care center, or other medical facility buildings shall be limited to 70' above the highest natural grade under the slab
c.
All other structures in this district shall have a maximum of three (3) stories, and shall be limited to 45' above the highest natural grade under the slab.
(ii)
Exterior walls.
The exterior portions of the walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in final structural application, excepting woods that are commonly used without such finishes, so that all such materials shall have a finished appearance.
(iii)
Spacing.
Commercial structures, excluding accessory structures, shall be spaced a minimum of thirty (30) feet apart.
(iv)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable public space is required for retail operations and professional and office buildings. All required parking spaces are to be 10 feet wide by 20 feet long.
(v)
Lighting.
a.
In areas where necessary, and specifically for the heliport, heliport walkway, and emergency room receiving area, lighting in excess of 4 footcandle power, as required by state and federal regulations, shall be permitted. The heliport shall be lit only when it is in operation.
b.
Street and parking lot lighting shall be subject to the standards established elsewhere by city ordinances.
c.
No lighting shall project across the property line or into adjacent roadways.
(vi)
Landscaping.
Provision of a landscape barrier between parking and main access, except for access driveways. All parking lots must be landscaped.
(vii)
Maximum area of buildings.
The ground floor of a building or structure shall not exceed 50,000 square feet or be less than 6,000 square feet, except hospital, parking structures, hotels, long-term acute care centers, or other medical facility buildings which shall not exceed 45,000 square feet. Maximum building area shall not exceed 65 percent of the area of the lot
(viii)
Roofs.
Elsewhere in its ordinances, the city requires a minimum roof pitch for all nonresidential structures of 4 inches in height to 12 inches in length. In this district, hospital buildings and parking structures are exempt from this requirement.
(G)
Hours of operation.
Hotels, medical and long-term care facilities in this district shall be allowed to operate 24 hours a day seven days a week.
(H)
Boundaries.
The boundaries of this district are defined in the map attached to Ordinance 12-06-19A.
(I)
Texas Accessibilities Standard.
As to any buildings within C-3 classification which are commercial facilities open to the public, the owner of such building shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.
(J)
Conditional uses.
The following uses shall require a conditional use approval, in accordance with Part VIII Conditional Use Approvals of this article.
(ii)
Multifamily residential
(iii)
Personal storage building
(iv)
Convenience store with a maximum of 8 gas pumps
(v)
Wireless communications tower
(vi)
Contractor’s office - no outside storage
(vii)
Self-service storage units
(viii)
Research lab - non-hazardous
(ix)
Community garden less than 1 acre
(x)
Farmer’s market less than 1 acre
(xi)
Green plaza/park
(xii)
Pavilion
(xiii)
Dog/animal park
(xiv)
Biking center
(xv)
Kiosk
(xvi)
Church
(xvii)
Library
(xviii)
Amphitheater
(xix)
Office/warehouse
(xx)
Temporary real estate sales office for new development
(12)
A-1 Recreation.
(A)
Purpose.
This classification is intended to establish and preserve attractive recreational facilities including golf course, driving ranges, natural or artificial hazards for the game of golf, tennis courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the intermixture of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for required off-street parking and for buffering from residential classifications.
(B)
Uses permitted.
(i)
Golf courses including tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, golf cart barn and golf course maintenance facilities;
(ii)
Golf academies;
(iii)
Tennis courts, related facilities or clubhouses;
(iv)
Swimming pools, related facilities or clubhouses;
(v)
Property owner’s association facilities and meeting facilities;
(vi)
Parks;
(vii)
Accessory structures and uses incidental to the foregoing;
(13)
DR Development Reserve.
(A)
Purpose.
The purpose of the DR Development Reserve classification is to function as a holding zone, on property which there is no immediate or anticipated use until such time as development is proposed for the property. Such planned development will require an amendment to this section.
(C)
No subdivision of land.
No land in the DR zone can be subdivided without first obtaining a rezoning for the property, consistent with the uses and zoning permitted under an amendment to this section.
(14)
GUI Governmental, Utility or Institutional.
(A)
Purpose.
This classification is intended to establish appropriate areas for uses that provide important community services, buffering from any adjacent residential classifications and necessary, adequate off-street parking.
(B)
Uses permitted.
(i)
Facilities owned and/or operated by the federal, state, or local government or political subdivisions thereof (e.g. municipal water districts, fire stations, etc.);
(ii)
Schools, either public or private, nonprofit;
(iii)
Churches;
(iv)
Uses required by both public and private utilities;
(v)
Accessory uses incidental to any of the foregoing permitted uses.
(e)
Amendments to preliminary plats, phased preliminary plats and PD concept plan.
(1)
Revisions to approved preliminary plats and phased preliminary plats may be made in accordance with chapter 10 of this code, as amended by this section.
(2)
Notwithstanding section 14.02.467, PD concept plans are considered part of the PD Ordinance. Any amendment to a PD concept plan shall be considered a zoning change, and shall be processed as such, unless the changes are provided for in the PD Ordinance. The following changes may be made without the necessity of instituting the proceedings necessary for a zoning change:
(A)
Changes in the lot size or configuration;
(B)
Changes in a local street width, length or alignment;
(C)
Changes in a utility or access easement;
(D)
Changes in street layouts; or
(E)
Adjustments to the amount of parkland or open space within any phase other than phase 1 to not less than twenty-five percent (25%) of the gross site acreage.
(f)
Amendments to subdivision chapter.
Division 9 of the subdivision chapter permits the city council to vary the development standards set forth in chapter 10. This section hereby amends and restates or deletes the following provisions of the subdivision chapter as noted herein.
References to the Subdivision Chapter | Action: | |
|---|---|---|
1. | All references to the term “Ordinance” in Chapter 10 | shall hereby be amended to mean “the Subdivision Chapter as amended and modified by the PD Ordinance.” |
2. | All references to the term “General Design Standards of the City” in Chapter 10 | shall hereby be amended to mean “the Project Design Standards as described in Appendix B to the PD Ordinance.” |
3. | hereby amended and restated as follows: “1. Conflicting Orders. If any other City order as to development standards, including the Subdivision Ordinance, is in conflict with this Ordinance, this PD Ordinance shall control.” | |
4. | hereby amended and restated as follows: “All improvements required by this Ordinance shall be constructed and installed in accordance with the Project Design Standards as set forth in Appendix B to the PD Ordinance”. | |
5. | hereby amended and restated as follows: “All construction shall be complete within a timely manner but not later than ten (10) years after approval of final plat, and in accordance with the terms and specifications contained herein. To ensure such timely completion, the Developer shall file a construction bond, payment and performance bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured. | |
a. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction. | ||
b. The Developer and City Council may agree that construction of the roads, streets, street signs, utilities, drainage structures and other infrastructure construction be undertaken in phases. In that case, to ensure such timely completion, the Developer shall file a construction bond or other type of financial assurance acceptable with the City. If a Developer chooses to file a construction bond, said bond shall be executed by a surety company authorized to do business in this State, and made payable to the Mayor of the City or his/her successors in office as an additional insured. Unless the City Council determines a lesser amount, the amount of the bond shall be equal to the estimated cost of construction of roads, streets, street signs, utilities, required drainage structures and all other infrastructure construction. | ||
c. The construction bond shall be submitted to the City Council with the final plat. | ||
d. The construction bond for a phased project shall remain in full force and in effect until all the roads, streets, street signs, underground utilities, required drainage structures and other infrastructure construction are completed for that phase to the satisfaction of the Director of Public Works and the City Council has released the construction bond. | ||
e. In the event any or all of the streets, roads, drainage and drainage structures, as constructed by the Owner, fail to meet the requirements of the foregoing specifications, and the said Owner fails or refuses to correct the defects called to his/her attention by the City Council, the unfinished improvements shall be completed at the cost and expense of Owner as provided. | ||
f. The City may draw on the construction bond and pay the cost of completing the unfinished improvements if the City determines that the Owner has breached the obligations secured by the construction bond or the two (2) year time period for each phase for the construction of all required improvements has expired. The City shall refund the balance of the construction bond, if any, to Owner. The Owner shall be liable for the cost that exceeds the amount covered by the construction bond, if any.” | ||
6. | Article 10.03 Section 10.03.043(b) Construction and Maintenance Bonds | hereby deleted in this PD Ordinance with respect to the Property or Project. |
7. | hereby amended and restated as follows: “Where a discrepancy exists between the requirements established in this PD Ordinance and the requirements of the building, fire, electrical, mechanical or any other applicable code, or any state or federal law, then the more restrictive requirements shall apply.” | |
8. | hereby amended and restated as follows: “The City has the authority to withhold the issuance of a building permit for the erection of any building on a newly subdivided parcel of land for which no performance bond is in place until all the requirements of this Subdivision Chapter have been complied with, including installation of, and acceptance by, the City of all public improvements and facilities for the areas designated.” | |
9. | Article 10.03, Section 10.03.122(2)(C) Preliminary Plats - General Provisions | Is hereby amended and restated as follows: “c. Name of the subdivision, The Communities of Summit Rock.” |
10. | Article 10.03, Section 10.03.122(2)(G) Preliminary Plats - General Provisions | Is hereby amended and restated as follows: “g. The location and approximate dimensions, description, and name of all proposed streets, subject to City and County approval and applicable 9-1-1 requirements, common areas, parks, public areas, playgrounds or other similar uses, reservations, easements, visibility easements or rights-of-way, blocks, lots and watercourses.” |
11. | hereby amended and restated in its entirety as follows: | |
“1. Minor Revision to Approved Preliminary Plats. The Development Services Manager may administratively approve minor revisions to approved Preliminary Plats. A minor revision is one that (“Minor Revision”): | ||
(a) Changes the lot size or configuration; | ||
(b) Adjusts the number of lots in the overall Project to no more than 1,600; | ||
(c) Changes a local street width, length or alignment; | ||
(d) Changes a utility or access easement; | ||
(e) Changes street layouts in any phase other than Phase 1 (as defined in the PD Ordinance); or | ||
(f) Adjusts the amount of parkland or open space within any phase other than Phase 1 to not less than twenty-five percent (25%) of the gross site acreage. | ||
2. Major Revisions to Approved Preliminary Plats. The City Council may approve major revisions to approved Preliminary Plats. A major revision is any revision other than a Minor Revision.” | ||
12. | Article 10.03 Section 10.03.126(c)(3) Phased Preliminary Plat | is hereby amended and restated as follows: “c. Name of the subdivision is The Communities of Summit Rock” |
13. | Article 10.03 Section 10.03.126(d) Phased Preliminary Plat | is hereby amended and restated in its entirety as follows: “4. The overall layout of a phased preliminary plat, as contained in the PD Concept Plan labeled as “Master Plan” and “Overall Phasing Map” has been approved by City Council, shall be attached to and filed in the permanent records of Development Services. All subsequent final plats shall be in accordance with the approved phased preliminary plat. Provided, however, that the Development Services Manager may authorize Minor Revisions to the approved phased preliminary plat where the Development Services Manager determines such adjustments are allowable hereunder and consistent with the intent and general layout of the approved phased preliminary plat. Where the final plat deviates from the approved phased preliminary plat other than as to Minor Revisions, such final plat shall not be approved until it reflects the originally approved phased preliminary plat other than as to Minor Revisions, or a phased preliminary plat has been approved in accordance with this section. However, the City Council shall not change such approved overall layout unless the subdivider agrees to such change.” |
14. | Article 10.03, Division 9 Planned Development Districts | [is hereby amended and restated as follows:] “1. In certain instances, the purposes of this Ordinance may be achieved in the development of planned units which do not conform in all respects with the land use pattern designated in the Comprehensive Development Plan, or the subdivision requirements of this Ordinance. A Planned Development District (PD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. 2. For purposes of this Ordinance, a Planned Development District shall have the same meaning as provided for as a Planned Development Zone in the Zoning Chapter. (f) A statement related to the adequacy or inadequacy of the public facilities and utilities and whether such facilities and utilities will be expanded. (g) A statement of the proposed method of financing the development in sufficient detail to evidence the probability that the Developer will be able to finance or arrange to finance the development.” |
15. | is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. | |
16. | is hereby amended and restated as set forth in Appendix B of this PD Ordinance. | |
17. | is hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. | |
18. | is hereby amended and restated as follows: “1. Within the Project boundaries and to the extent it does not violate any other law or regulation, Developer shall have discretion as to the design of the private street entrance signage, boulevard directional signage, sub-section entry signage, portal entry signage, as well as other types of private roadway markings. 2. Although the City will attempt to keep all other traffic and safety signage in conformance with the aesthetics of the Project, all other traffic and safety signs shall be designed in accordance with and conform to the Texas Manual on Uniform Traffic-Control Devices, as amended.” | |
19. | Article 10.03, Section 10.03.424(a) Street Improvements | is hereby amended as follows: “1.a. All streets shall be constructed in accordance with the Project Design Standards set forth in Appendix B of the PD Ordinance.” |
20. | are hereby deleted in its entirety in this PD Ordinance with respect to the Property or Project. | |
21. | Article 10.03, Section 10.03.424(h)(2) Street Improvements | is hereby amended and restated as follows: “b. Construction shall be in accordance with the Project Design Standards.” |
22. | is hereby amended and restated as follows: “2.a. For lots backing up to Highway 2147, a screening wall of at least six (6) feet in height shall be provided and maintained along the property line of any subdivision of single-family or multifamily lots where the rear of such lots abuts any arterial thoroughfare or a major collector street.” | |
23. | is hereby amended and restated as follows: “All channel alterations and storm sewer construction shall comply with the LCRA Highland Lakes Ordinance, as amended.” | |
(g)
Penalties and enforcement.
To the extent not otherwise modified by the provisions contained in this section, the provisions contained in division 5, penalties and enforcement of this chapter pertain to zone 12.
(h)
Zoning map amended.
That the official zoning district map of the city hereto adopted be and is hereby amended to reflect the zoning changes made as shown on Exhibit A Concept Plan Map 1 Zoning [attached to Ordinance 12-06-19A].
(Ordinance 12-06-19A adopted 6/19/12; Ordinance 12-12-11A adopted 12/11/12; Ordinance 2018-19 adopted 9/18/18; Ordinance 2019-06 adopted 11/13/18; Ordinance 2019-21 adopted 3/19/19; Ordinance 2020-01 adopted 10/15/19; Ordinance 2020-06 adopted 12/10/19; Ordinance 2021-36, sec. XVIII, adopted 9/21/21; Ordinance 2025-02 adopted 10/15/2024; Ordinance 2025-18 adopted 5/20/2025)
§ 14.02.415 Zones 16 and 18.
Zone 16 (Amenities Land) and Zone 18 (Nonsubdivision Tracts) were described in the original comprehensive development plan. The city has zoned these properties with the zone adjacent to the particular properties and depicted such lands within such zones on the zone map, and has amended the comprehensive development plan to delete the zones, as appropriate.
(Ordinance 07-09-18E, sec. 3.15, adopted 9/18/07)
§ 14.02.416 Zone 13 Caprock.
(a)
Tract BBB-2A of Horseshoe Bay West Plat No. W15.67 is a unique zone within the City, being an area around which the community and City of Horseshoe Bay were founded, and being an area which the citizens of Horseshoe Bay hope to see develop in the high-quality manner as they have heretofore developed;
(b)
Tract BBB-2A of Horseshoe Bay West Plat No. W15.67 is not subject to the restrictive covenants of any existing subdivision whereas the majority of the other zones within the City are subject to such restrictions, creating a perception that fewer safeguards exist to protect the high quality of development within the zone. The owners of Tract BBB-2A and the City have agreed since the inception of the temporary moratorium, and continue to agree that a Master Plan for the Zone is the best method to ensure quality of development;
(c)
Tract BBB-2A is a vacant tract of land (legal description - Tract BBB-2 A of Horseshoe Bay West Plat No. W15.67, Horseshoe Bay, Llano County, Texas) at the northwest comer of Horseshoe Bay Blvd. and Hi Circle North. However, the plans for development in the Zone is still being determined and have not been finalized. The owners of the property in Tract BBB-2A continue to assure the City that a Master Plan for development will be presented to the Council as soon as possible and before February 20, 2024;
(d)
Since enactment of the temporary moratorium the City Council has adopted a zoning ordinance, a building permit ordinance and a subdivision ordinance that applies to the entirety of the City. The City Council is prepared to enact a Zoning Amendment at this time Tract BBB-2A but in reliance on the property owner's request that the City wait for the Master Plan, the Council is willing to postpone such action at this time;
(e)
Representatives of the City Council have met and will continue to meet with principal developers and land owners in Tract BBB-2A to engage in discussions that may lead to development under a Master Plan acceptable to the City and the developers, which may include establishment of one or more Planned Development Districts, but developers and land owners need additional time to complete the Master Plan and present it to the City, so that the developers and owners of Tract BBB-2A consent to an additional extension of the temporary moratorium to apply to all of the remaining property in said zones;
(f)
Additional time is needed and the temporary moratorium should be extended to allow the City Council time to both develop further suitable land use regulations and to work with the principal developers and land owners in Tract BBB-2A in order to ensure that the development in Tract BBB-2A fulfills the goals of such developers and land owners and is in the best interest of the City.
(Ordinance 06-04-27 adopted 4/27/06; Ordinance 06-08-22C adopted 8/22/06; Ordinance 06-12-12F adopted 12/12/06; Ordinance 07-04-17A adopted 4/17/07; Ordinance 07-08-13 adopted 8/13/07; Ordinance 07-09-18E, secs. 3.16, adopted 9/18/07; Ordinance 07-12-11A adopted 12/11/07; Ordinance 08-03-11A adopted 3/11/08; Ordinance 10-03-16B adopted 3/16/10; Ordinance 12-02-21E adopted 2/21/12; Ordinance 14-02-18C adopted 2/18/14; Ordinance 16-02-16C, sec. II, adopted 2/16/16; Ordinance 2018-08 adopted 2/20/18; Ordinance 2020-18 adopted 7/21/20; Ordinance 2022-11 adopted 4/19/22; Ordinance 2022-25 adopted 9/20/2022; Ordinance 2022-25 adopted 9/20/2022)
§ 14.02.417 (Reserved)
Editor’s note–Former section 14.02.417 pertaining to zone 14 HSB Blvd. Corridor was deleted in its entirety by Ordinance 2019-21, sec. V, adopted 3/19/19. Prior to the deletion this section derived from the following: Ordinance 06-04-27 adopted 4/27/06; Ordinance 06-08-22C adopted 8/22/06; Ordinance 06-12-12F adopted 12/12/06; Ordinance 07-04-17A adopted 4/17/07; Ordinance 07-08-13 adopted 8/13/07; Ordinance 07-09-18E, sec. 3.17, adopted 9/18/07; Ordinance 07-12-11A adopted 12/11/07; Ordinance 08-02-19D adopted 2/19/08; Ordinance 08-03-11A adopted 3/11/08; Ordinance 10-03-16B adopted 3/16/10; Ordinance 12-02-21E adopted 2/21/12; Ordinance 12-12-11B, sec. II(a)–(g), adopted 12/11/12; Ordinance 14-02-18C adopted 2/18/14; Ordinance 16-02-16C, sec. II, adopted 2/16/16; Ordinance 2018-08 adopted 2/20/18. All of the Planned Development (PD) authorizations below have been assigned to the individual tracts (lots) in Zone 4A Horseshoe Bay:
Tract 1
Tract CCC-1 of Horseshoe Bay Plat No. 21.16, with PD Authorization from Ordinance No. 07-10-16E;
Tract 2
Lot 28005-A of Horseshoe Bay Plat No. 28.44 and Tract J-9 of Horseshoe Bay Plat No. 28.48 - PD Authorization - None
Tract 3
Tract J-5 of Horseshoe Bay Plat No. 28.36 - PD Authorization - None
Tract 4
Tract J-7 of Horseshoe Bay Plat No. 28.49 - PD Authorizations:
1.
Maximum building height:
Thirty-five (35) feet above grade.
2.
Area of building:
Ground floor area of a building or structure shall not exceed 30,000 square feet. Building area shall not exceed sixty percent (60%) of the area of the lot.
3.
Spacing:
Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member and Guest Service Areas and Break-out Areas of associated use with their principal commercial structure.
4.
Fencing height:
Fences for recreational uses may have a maximum height of ten (10) feet above the playing surface.
5.
Building setbacks:
Three (3) fifteen (15) foot areas as depicted in the Concept Plan.
6.
Landscape buffer:
A five (5) foot landscape buffer including water features will be provided.
Tract 5
Lot 28043-C of Horseshoe Bay Plat No. 28.52 with PD Authorizations:
1.
Building setbacks:
Setbacks shall be a minimum often (10) feet, except that the front yard setback shall be twenty (20) feet.
2.
Parking:
Off-site parking shall be allowed to be counted in fulfilling parking requirements.
3.
Building area shall not exceed eighty percent (80%) of the area of the lot.
4.
The street will be dedicated to public use by a note on the replat.
5.
Building height:
Building height shall be a maximum of one story
Tract 6
Lot 28026-A of Horseshoe Bay Plat No. 28.51 with PD Authorization: Surface parking lot
Tract 7
Lot 28026-A of Horseshoe Bay Plat No. 28.50 with PD Authorization: Surface parking lot
Tract 8
Lot 15061-A of Horseshoe Bay Plat No. 15.70 with PD Authorizations:
1.
Surface parking and garage parking up to three (3) stories and thirty (30) feet above grade. There will only be one entrance or exit off Port Street, and the entrance or exit will be prior to the cul-de-sac on Port Street. The city will have the right to approve the architectural appearance and landscaping.
Tract 9
Tract J-8 of Horseshoe Bay Plat No. 28.51 with PD Authorizations:
1.
Maximum building height:
Thirty-five (35) feet above the highest natural contour.
2.
Floor area:
Ground floor area of building or structure shall not exceed 30,000 square feet.
3.
Spacing:
Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member Guest Service Areas and Break-out Areas of associated use with their principal commercial structure. Off-site parking shall be allowed in fulfilling parking requirements
4.
Parking:
Parking spaces will be provided at the various facilities, except for the Lazy River. For the Lazy River off-site parking shall be allowed to be counted in fulfilling parking requirements.
5.
Fencing height:
Fences for recreational uses may have a maximum height of ten (10) feet above playing surface.
6.
Landscaping buffer:
A five (5) foot landscape buffer including water features will be provided adjacent to the Courtside Townhouses.
Tract 10
Tract BBB-3 Horseshoe Bay Plat No. 15.27 with PD Authorization: Surface parking lot
Tract 11A
Lot 15041-A, Horseshoe Bay Plat No. 15.63 with PD Authorization: Surface parking
Tract 11B
Tract AAA-5 Horseshoe Bay Plat No. 64.2 with PD Authorization: Surface parking, and may be a parking garage up to 3 stories above grade
Tract 12
6.10 acres of Tract AAA-2A, Horseshoe Bay, Plat No. 64.3 recorded in Volume 15, Page 56 Llano County, only 4.13 acres of which lies beyond the 825' contour of Lake Lyndon B. Johnson with PD Authorizations:
1.
Members Club Complex
2.
Height:
Maximum building height of forty-five (45) feet above grade.
3.
Area:
Ground floor area of a building or structure shall not exceed 40,000 square feet. Building area shall not exceed eighty five percent (85%) of the area of the lot.
4.
Spacing:
Commercial structures shall be spaced a minimum of thirty (30) feet apart, excluding accessory structures, i.e. Resort Member and Guest Service Areas and Break-Out Areas of associated use with their principal commercial structure.
5.
Parking:
Off-site parking may be counted in fulfilling parking requirements.
6.
Fencing height:
Fences for recreational uses may have a maximum height of eight (8) feet above playing surface.
7.
Building setbacks:
None required.
8.
Developer shall have the right to build beyond the 825'foot contour line of Lake Lyndon B. Johnson, subject to other legal requirements.
Tract 13
Tract 14
Lot 15030 Horseshoe Bay, Plat No. 15.1 - PD Authorization: None
§ 14.02.418 Zone 15 Airport.
(a)
This zone is intended to provide facilities for the operation of airplanes from an airport surrounded by residential uses. Accessory uses are limited to noncommercial aviation activities and services dependent upon direct access to airport facilities. The site should also contain adequate space for required off-street parking and for buffering from residential zones. All structures within this zone must be constructed according to the city’s building ordinance and be architecturally and aesthetically compatible with each other. The following provisions shall be applicable to all land within Zone 15, regardless of classification:
(b)
Uses permitted.
(1)
(Reserved)
(2)
The taking off and landing of airplanes;
(3)
Structures and facilities for the supply and fueling of airplanes by persons or entities authorized by the owner of the airport facilities;
(4)
Office and storage facilities for the operation and maintenance of the airport;
(5)
Hangars for the shelter of airplanes;
(6)
Servicing of airplanes by airplane owners or their representatives;
(7)
By owners of the airport facilities: sales of aviation fuel and oil; rental of hangar, ramp, and vehicular parking spaces to area residents on a contracted basis; rental of ramp tie-down space on a temporary basis to transient aircraft.
(8)
On R-1 Single-family zoned lots, one single-family residence.
(9)
On C-2 General Commercial zoned lots, a commercial hangar or an airport operations hangar, with a maximum building height of 35 feet.
(c)
Uses prohibited.
(1)
Use of airplanes that exceed a certified gross take-off weight of one hundred twenty-five thousand (125,000) pounds.
(2)
The accessing, occupying, or using for any purpose other than accessing, taking off, and landing of airplanes, of the area on and within fifty (50) feet of a runway located within this zone. Except for the operators of the airport facilities or their agents in the discharge of their duties, the prohibited uses shall include, but not be limited to walking, jogging, roller-skating, bicycling, and use of golf carts and any other motor vehicle other than an airplane.
(e)
The following provisions shall be applicable to all land within Zone 15 classified as AM-1 Airport Mixed Use:
(1)
Uses permitted:
(B)
Single-family dwellings with the same development provisions as those of R-1 lots in Zone 4A Horseshoe Bay;
(C)
Single-family dwellings with airplane hangars for airplane and vehicle storage only on the same lot, with replatting of more than one lot usually being required, with the same development provisions as those of R-1 lots in Zone 4A Horseshoe Bay;
(D)
Hangars on individual lots only, on Lot Nos. 1001-1005, 1007-1012, 2060, and 2061, of Horseshoe Bay Plat No. 1.1;
(E)
Landscaping only;
(F)
Accessory structures necessary to such use located on the same lot.
(2)
Uses prohibited.
All uses prohibited in subsection (c) of this section and airplane hangars on individual lots.
(3)
Maximum building height.
The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot.
(4)
Maximum area of building.
Building area shall not exceed sixty percent (60%) of the area of the lot.
(5)
Exterior walls.
All buildings or structures must have exterior walls of fifty percent (50%) masonry covering on the total of all exterior walls, excluding doors and windows. Front and side exterior walls shall be 100% masonry. The exterior portions of the walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in final structural application, excepting acceptable woods that are commonly used without such finishes, so that all such materials shall have a finished appearance. No plywood, pressboard, particleboard, or similar type of material shall be used on any exterior wall or any structure.
(Ordinance 07-09-18E, sec. 3.18, adopted 9/18/07; Ordinance 08-11-18B, sec. II(a), adopted 11/18/08; Ordinance 08-11-18B, sec. II(b), adopted 11/18/08; Ordinance 2019-21, sec. II, adopted 3/19/19; Ordinance 2021-36, sec. XIX, adopted 9/21/21)
§ 14.02.419 Zone 16 Lake Areas and LA Lake Area.
(a)
Objectives of zone.
(1)
Ensure that development on Lake LBJ and its waterways in the city limits occurs in a manner that is consistent with the uses that normally occur on the recreational lakes;
(2)
Ensure development does not adversely affect the ecology, scenic values or navigability of Lake LBJ or its waterways; and
(3)
Provide limitations on the types of boat docks that can be located over the lake.
(4)
Provide standards intended to prevent any use or development within the zone which will have any negative effects on the lake’s quality while encouraging recreational use of the lake, which adds to its usability and attractiveness.
(b)
The following provisions shall be applicable to all land within Zone 16 to be permanently classified as LA Lake Area:
(1)
Permitted uses.
(A)
Boat docks without any type of living area above the dock, including an outdoor fireplace, indoor or outdoor kitchen, and living quarters, not to exceed fifteen (15) feet in height, unless attached to the existing residence and on an area recessed into the land, where they can be the same height as the residence.
(B)
Boathouses as defined in this article shall not have any temporary or permanent walled and/or roofed enclosures above any first level roof over the slip. Except for zone 7 peninsula, the boathouse may not exceed fifteen (15) feet in height from the walk or pier to the peak of the roof or the top of the handrail if a deck is located on top of the boathouse. Boathouses located underneath a part of the house with living quarters above are considered a part of the residential structure. A boathouse shall not be permitted on or contiguous to a lot without a residential building.
(C)
Jet ski ramps.
(D)
Seawalls or retaining walls.
(E)
Swimming areas.
(F)
Boat slips, provided that no boat slips shall be permitted on or contiguous to a lot without a residential building.
(G)
Day docks.
(H)
Other uses similar to those listed in this section.
(Ordinance 10-04-20C, sec. (c), adopted 4/20/10; Ordinance 10-06-15A, sec. V, adopted 6/15/10; Ordinance 16-09-20I, sec. a, adopted. 9/20/16; Ordinance 16-09-20I, sec. b, adopted. 9/20/16)
§ 14.02.420 Zone 17 The Hills.
(See section 14.02.402, standards applicable to all property in all zones.)
(a)
The following provisions shall be applicable to all land within zone 17 classified as RR Rural Residential.
(1)
No business or professional service of any nature shall be conducted on any tract. No buildings or structure intended for or adapted to business or professional purposes, and no apartment house, double house, flat building, lodginghouse, roominghouse, hotel, hospital or sanitarium shall be erected, placed, permitted or maintained on any tract. No room or rooms in any dwelling nor any accessory building, or any part thereof, may be rented or leased to others.
(2)
No air-conditioning condensing unit and fan, evaporative cooler or other object, which is unsightly, shall be placed upon or above the roof of any dwelling or other building unless architecturally concealed from view as reflected in the plans submitted.
(3)
No propane or other tank used for storage of gas or liquids for fuel shall be placed on any tract unless the same is architecturally concealed from view. In the event natural gas is made available to any tract, then the owner thereof shall properly connect with the source of natural gas and discontinue the use of propane gas.
(4)
No subdivision of the tracts shall be permitted.
(5)
No building, structure, wall, fence, garage, carport, accessory building or landscaping shall be maintained on any tract in such a manner as in the opinion of the board may obstruct traffic sight lines and/or create traffic hazards.
(6)
All driveways shall have minimum width of ten (10) feet and meet all minimum standards for driveway construction as specified by the board. Where driveway access enters any street or road at points where landscaping, boundary structures or other visual barriers are located which may create a potential traffic hazard, such driveway access shall be installed and maintained so as to provide adequate sight lines from the vehicle onto such street or road.
(7)
No mobile home, trailer of any kind, RV or boat shall be kept, placed or maintained on any tract except in a carport, garage or in an outside storage area screened from view from streets and roads. None of these structures shall be used for occupancy either temporarily or permanently. A mobile home or a trailer may be used temporarily for storage of materials during construction, and shall be removed promptly after construction is completed.
(8)
Uses permitted.
(A)
A single-family dwelling, including an attached carport or garage;
(B)
Accessory structures, including: (i) one structure for farming and/or ranching purposes provided the total square footage of the structure (excluding casita) does not exceed two (2) times the square footage of the authorized or completed (whichever is greater) dwelling on said tract, excluding the carport or garage; (ii) one attached or detached casita per tract provided such casita shall not exceed one-half (1/2) of the square footage of the authorized or completed (whichever is greater) dwelling on said tract. In addition, the accessory structures may include one or more covered semi-enclosed areas or sheds not exceeding in the aggregate two (2) times the area of the carport or garage attached to the dwelling.
(9)
Maximum building height.
Thirty (30) feet above the lowest elevation beneath the structure to the highest point of the roof or any projection.
(10)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setback shall conform to a minimum depth of fifty (50) feet from the front lot line or edge of the road pavement, whichever is greater, to the nearest projection of any portion of the dwelling or accessory structure.
(B)
Side yard setbacks shall be twenty-five (25) feet from each side property line. Corner lots shall conform to a minimum depth of fifty (50) feet from the side property line or edge of the road pavement, whichever is greater.
(C)
Except as provided below, rear yard setbacks shall be at least twenty-five (25) feet from the rear lot line to the nearest building line.
(11)
Minimum dwelling size.
All primary dwellings shall require not less than twelve hundred (1,200) square feet of living area measured from the outside walls of the principal dwelling. Should the dwelling be more than one (1) story in height, the ground floor living area of such dwelling shall not be less than one thousand (1,000) square feet.
(13)
Property being rezoned.
The RR rural residential zoning provisions apply to the following property - for those tracts or lots that are vacant and when annexed were zoned A-1 recreational in zone 3 Horseshoe Bay West are hereby zoned RR rural residential, and for those tracts or lots that are developed and when annexed were zoned R-1 single-family residential in zone 3 Horseshoe Bay West are hereby zoned RR rural residential:
(3.29 Acres), Llano County Property ID 50056 - as more fully described in deed recorded in volume 1176, page 38, official public records of Llano County, Texas |
(0.19 Acres), Llano County Property ID 50057 - as more fully described in deed recorded in volume 1176, page 38, official public Records of Llano County, Texas |
(2.599 Acres), Llano County Property ID 5312 - as more fully described in deed recorded in volume 1376, page 942, official public records of Llano County, Texas |
(0.5 Acres), Llano County Property ID 5261 - Tract 2 (3.304 Acres), Llano County Property ID 5108 - Tract 1 (10.962 Acres), Llano County Property ID 10215 - Tract 28 (12.47 Acres), Llano County Property ID 52008 - Tract 3 (8.05 Acres), Llano County Property ID 5651 - Tract 4 |
(2.0 Acres), Llano County Property ID 5738 - Tract 5 |
(19.114 Acres), Llano County Property ID 5816 - Tract 6 through 9 (0.5 Acres), Llano County Property ID 6103 - Tract 8 |
(4.984 Acres), Llano County Property ID 6277 - Tract 10 (4.968 Acres), Llano County Property ID 7749 - Tract 11 (4.926 Acres), Llano County Property ID 7888 - Tract 12 (4.885 Acres), Llano County Property ID 7988 - Tract 13 (7.59 Acres), Llano County Property ID 8096 - Tract 14 (9.537 Acres), Llano County Property ID 8199 - Tract 15 (19.59 Acres), Llano County Property ID 8339 - Tract 16 (12.469 Acres), Llano County Property ID 8427 - Tract 17 (5.512 Acres), Llano County Property ID 8515 - Tract 18 (5.02 Acres), Llano County Property ID 8596 - Tract 19 (5.0 Acres), Llano County Property ID 52233 - Tract 26 (5.0 Acres), Llano County Property ID 10153 - Tract 27 |
(9.39 Acres), Llano County Property ID 6018 - Lot 8 (5.98 Acres), Llano County Property ID 6129 - Lot 9 (7.62 Acres), Llano County Property ID 6233 - Lot 10 (5.69 Acres), Llano County Property ID 7707 - Lot 11 (6.13 Acres), Llano County Property ID 7845 - Lot 12 (5.0 Acres), Llano County Property ID 7952 - Lot 13 (5.0 Acres), Llano County Property ID 8055 - Lot 14 (5.0 Acres), Llano County Property ID 68303 - Lot 15 (0.47 Acres), Llano County Property ID 8162 - Lot 15 (5.02 Acres), Llano County Property ID 5063 - Lot 1 (5.798 Acres), Llano County Property ID 6249 - Lot 10 (5.92 Acres), Llano County Property ID 7721 - Lot 11 (6.75 Acres), Llano County Property ID 7858 - Lot 12 (8.87 Acres), Llano County Property ID 64874 - Lot 13 (0.5 Acres), Llano County Property ID 7966 - Lot 13 (0.5 Acres), Llano County Property ID 8069 - Lot 14 (6.93 Acres), Llano County Property ID 65887 - Lot 14 (8.99 Acres), Llano County Property ID 8180 - Lot 15 (6.82 Acres), Llano County Property ID 8313 - Lot 16 (5.05 Acres), Llano County Property ID 8409 - Lot 17 (5.0 Acres), Llano County Property ID 8494 - Lot 18 (5.03 Acres), Llano County Property ID 8579 - Lot 19 (10.02 Acres), Llano County Property ID 9712 - Lot 22 (8.12 Acres), Llano County Property ID 9799 - Lot 23 |
(7.493 Acres), Llano County Property ID 69813/69814 - Lot 3 (7.493 Acres), Llano County Property ID 5370 - Lot 3 |
(10.88 Acres), Llano County Property ID 5494 - Lot 4 (8.23 Acres), Llano County Property ID 5616 - Lot 5 (5.05 Acres), Llano County Property ID 5783 - Lot 6 (6.12 Acres), Llano County Property ID 5906 - Lot 7 (5.05 Acres), Llano County Property ID 6033 - Lot 8 (5.17 Acres), Llano County Property ID 6144 - Lot 9 (0.5 Acres), Llano County Property ID 5230 - Lot 2 |
(10.46 Acres), Llano County Property ID 67523 - as more fully described in deed recorded in volume 1346, page 875, official records of Llano County, Texas |
(0.5 Acres), Llano County Property ID 9614 - Lots 20 and 21 |
(16.68 Acres), Llano County Property ID 68701 - as more fully described in deed recorded in volume 738, page 271, official records of Llano County, Texas |
(9.13 Acres), Llano County Property ID 32402 - Lot 24 (10.44 Acres), Llano County Property ID 32420 - Lot 25 (7.312 Acres), Llano County Property ID 32440 - Lot 26 (0.5 Acres), Llano County Property ID 32458 - Lot 27 (4.84 Acres), Llano County Property ID 32465 - Lot 27 (6.69 Acres), Llano County Property ID 32477 - Lot 28 (6.01 Acres), Llano County Property ID 32494 - Lot 29 (7.53 Acres), Llano County Property ID 32509 - Lot 30 (5.98 Acres), Llano County Property ID 32525 - Lot 31 (5.32 Acres), Llano County Property ID 32542 - Lot 32 (5.12 Acres), Llano County Property ID 32557 - Lot 33 |
(5.29 Acres), Llano County Property ID 27251 - Lot 36 (5.09 Acres), Llano County Property ID 32612 - Lot 37 |
(16.6 Acres), Llano County Property ID 32574 - Lots 34 and 35 (5.0 Acres), Llano County Property ID 27285 - Lot 38 |
(5.0 Acres), Llano County Property ID 27335 - Lot 41 (6.01 Acres), Llano County Property ID 27349 - Lot 42 (5.0 Acres), Llano County Property ID 27364 - Lot 43 (5.0 Acres), Llano County Property ID 27379 - Lot 44 (5.0 Acres), Llano County Property ID 27405 - Lot 46 (5.0 Acres), Llano County Property ID 27303 - Lot 39 (5.0 Acres), Llano County Property ID 27317 - Lot 40 (5.0 Acres), Llano County Property ID 27392 - Lot 45 |
(1.14 Acres), Llano County Property ID 55559 - as more fully described in deed recorded in volume 1281, page 305, official public records of Llano County, Texas |
(1.42 Acres), Llano County Property ID 50055 - as more fully described in deed recorded in volume 1176, page 0038, official public records of Llano County, Texas |
(0.190 Acres), Llano County Property ID 50057- as more fully described in deed recorded in volume 1176, page 0038, official public records of Llano County, Texas |
(4.998 Acres), Llano County Property ID 8675 - as more fully described in deed recorded in volume 360, page 140, official public records of Llano County, Texas |
(5,0 Acres), Llano County Property ID 10153 - as more fully described in deed recorded in volume 1542, page 4132, official public records of Llano County, Texas |
(Ordinance 16-09-20H, sec. b, adopted 9/20/16; Ordinance 2019-21, sec. IV, adopted 3/19/19; Ordinance 2021-17, secs. II, XXXII–XXXIV, adopted 5/18/21; Ordinance 2021-36, sec. XX, adopted 9/21/21)
§ 14.02.421 Zone 18 The Parks at Horseshoe Bay.
(a)
Applicable regulations.
(1)
Zoning and subdivision regulations.
The property shall be regulated for purposes of zoning and subdivision by the city’s zoning and subdivision ordinances. Particular zoning classifications are set forth in this PD section. Where a general zoning item is not specifically addressed in this PD section but is addressed by the city’s article 14.02 zoning ordinance, the city’s article 14.02 zoning ordinance shall control. In the event of any conflict between this PD section and the city’s article 14.02 zoning ordinance, this PD section shall control. In the event of any conflict between this PD section and the city’s article 10.03 subdivision ordinance, this PD section shall control.
(2)
Applicability of other regulations.
In the event of a conflict between this PD section and any other city ordinance, resolution, plan or policy that is applicable to the property, (A) this PD section shall control; and (B) such other ordinances, resolutions, plans, policies are deemed to be amended to the extent necessary to eliminate conflict as to the property. Notwithstanding the foregoing, development of the property shall be subject to ordinances that the city is required by state or federal law to adopt and apply uniformly to all property within its corporate limits, regardless of whether such ordinances conflict with this PD section.
(b) Alternate transportation devices City inspector Declarant PD concept plan PD zone Phase 1 Project Project design standards Property Regulations Screening wall
Definitions.
means devices such as scooters, golf carts or alternate vehicles, and including any device whether powered by electricity, gas, petroleum products, human or other power. Alternative transportation devices shall be permitted on all public and private streets with posted limits of 30 miles per hour or less within the property as may be permitted by state statute.
means the individual, or his/her designee, whether an employee of or contracted by the city to perform such services, with responsibility to review and approve construction plans for development projects. He/she is also responsible for overseeing the construction of the development to ensure that it meets the requirements of the project design standards.
means Midcom Management, LLC and Midcom Management #2, LLC. The terms “subdivider” and “declarant” are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation (or combination thereof), and/or any officer, agent, employee, servant and trustee thereof who performs or participates in the performance of any act towards the subdivision of land within the intent, scope and purview of this PD section . The declarant shall also be defined as the builder if he or she is responsible for the construction of buildings and/or other structures of permanent improvements.
establishes the general guidelines for the PD zone by identifying the proposed land uses and intensities, thoroughfare locations, and open space boundaries and illustrates the integration of these elements into a master plan for the entire PD zone.
means a planned development zone under the city’s article 14.02 zoning ordinance.
means those tracts in designation a as indicated on exhibit “B” [attached to Ordinance 2017-07] and detailed in the phasing legend.
means the mixed-use development, which will include recreational, commercial, retail, and unknown future land uses, known as The Parks at Horseshoe Bay. Existing developments within the outer boundary of the project include a vet clinic on a 4.22 acre tract as well as assisted living and memory care facilities on an approximately 2.05 acre tract.
means the design standards for construction set forth herein as exhibit “C” [attached to Ordinance 2017-07].
means the approximately 113.852 acres of land which is owned by declarant (107.58 acres) and Garrett Craig an existing veterinary clinic (4.22 acres) and LLVI, LP an assisted living and memory care facility (2.05 acres) incorporated into the Project and currently located within the corporate boundaries of the city and more fully described in exhibit “A” attached to [Ordinance 2017-07] and incorporated herein and is intended to be developed as the project.
means the city’s zoning and subdivision development regulations as may be modified by the terms of this PD section.
means a solid opaque wall, constructed of rock, stone, brick, stucco or other masonry materials or a landscape berm approved by the city, not less than a six foot average in height measured at the highest finished grade, and designed by a licensed engineer and constructed in accordance with the project design standards.
(c)
Zone 18 generally; standards.
The following provisions shall be applicable to all land within zone 18 regardless of classification and the restrictions and standards described in section 14.02.402 of the city’s zoning ordinance are hereby amended and restated as follows:
(1)
Roof:
No air-conditioning unit or evaporative cooler shall be placed upon or above the roof of any dwelling or other building except and unless the same is architecturally concealed from view.
(2)
Gas tanks:
No liquefied petroleum gas, propane, or butane container or other tank used for the storage of gases or liquids for fuel shall be placed on any lot unless the same is architecturally concealed from view.
(3)
Fences:
No fence or wall exceeding seven feet (7') in height shall be built on any lot unless specifically required by state law for protection of utility infrastructure.
(4)
Utilities:
All utilities and utility service on all lots shall be installed underground and no above-surface utility wires will be installed on any lot outside any structure except for wires for any satellite dishes, broadband radio antennas, weather instruments, security devices, lightening arrestors, grounding rods, except as otherwise provided on any approved plat or plats filed of record covering such lot or as currently in place for property fronting RM 2147 and as permitted by Pedernales Electric.
(5)
Sewer system:
Where a sanitary sewer system is made available to any lot on which a structure is located or being constructed, it is required that the structure be connected to and use such system and no septic system shall be allowed.
(6)
Drainage:
Drainage structures shall always have a net drainage opening area within ponds or streams of sufficient size to permit free flow of water in accordance with the requirements of LCRA Highland Lakes Watershed Ordinance, as amended.
(7)
Parking:
(A)
The owner of any lot shall provide appropriate paved space for off-street parking for the uses on the lot.
(B)
No motor vehicles, mobile homes, boats or recreational vehicles may be driven or parked in any yard or common areas, the common maintenance areas or on any easement unless such motor vehicle, mobile home or recreational vehicle is in use for maintaining such area or easement. No boat and/or boat trailer, motorcycle, or recreational vehicle shall be permitted to remain overnight on any property, street or driveway exposed to public view.
(8)
Easements:
Within easements reserved, as shown on an applicable plat, no structure, fence, planting, or other material shall be placed on or permitted to remain which might damage or interfere with the installation and maintenance of utilities except as otherwise approved by the city or which might change direction of flow of drainage channels in the easements or which might obstruct or retard the flow of water through drainage channels except as otherwise permitted by the LCRA Highland Lakes Ordinance, as amended.
(9)
No drilling:
In relation to oil, gas, and minerals, no mining, exploring, drilling, development, refining, quarrying, or other operations of a related nature shall be upon or in any lot.
(10)
Commercial vehicle:
No commercial vehicle will be parked on any street, right-of-way, or lot except within an enclosed structure which prevents such view thereof from adjacent lots and streets, unless such vehicle is temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity or the loading or unloading of its cargo. No vehicle of any size which normally transports inflammatory, explosive, or otherwise hazardous cargo may be kept at any time, except where such vehicle is temporarily delivering, loading or unloading its cargo.
(11)
Electrical power:
Subject to declarant’s receipt of any temporary use permit from the city for which a conditional use permit is required, no source of electrical energy will be brought to any lot or used upon any lot unless and until the city has issued a building permit for the erection of the permanent improvements to be located on said lot.
(12)
Occupancy of structures:
Subject to any temporary use permit issued by the city to the declarant for any temporary structures for which a conditional use permit is required, no structure will be occupied or used for the purpose for which it is designed or built or for any other purpose until a certificate of occupancy is approved by the city.
(13)
New construction:
Subject to any temporary use permit issued by the city to the declarant for any temporary structures for which a conditional use permit is required, construction of new buildings only shall be permitted on lots within zone 18, it being the intent of this provision to prohibit the moving of any existing building or structure onto any lot and remodeling or converting same into use; provided however, the foregoing shall not be construed as prohibiting remodeling of, or construction of additions to, existing buildings that previously have been constructed. Mobile homes, manufactured housing, and all similar housing units are expressly prohibited.
(14)
Roofing materials:
Only roofing materials which are fire-proof and are of high grade and quality and which are consistent with the exterior design, color and appearance of other improvements shall be allowed such as tile, cement, and standing seam metal. No visible flat roofs and/or visible tar and gravel roofs shall be permitted on any building or structure constructed on any lot.
(15)
Driveways:
No lots shall have more than two (2) points of ingress/egress for vehicles and such points must connect to the street along such lot’s front lot line.
(16)
Floodplain easement:
No construction of any improvements shall be permitted in the area of a lot designated on an approved plat as “floodplain easement.” The public shall be entitled to access in all such easements for the purpose of utilizing hiking and jogging trails located thereon.
(17)
Signage:
All signage shall comply with the city’s sign ordinance.
(18)
Streets and roadways:
Prior to the city’s issuance of any building permits, the Project must comply with any and all Texas Department of Transportation requirements relating to the approval of curb cuts on to Highway 71 and/or RR 2147.
(19)
Exteriors:
All structures must have exterior walls of at least one hundred (100%) masonry on the surface of the walls excluding door frames and window frames. No vinyl or similar material, plywood, pressboard, or particle board shall be used on any exterior wall or any structure.
(d)
Zone 18 land use classifications.
(1)
C-2 commercial.
The following provisions shall be applicable to all land within zone 18 classified as C-2 commercial:
(A)
Uses permitted.
(i)
Reserved;
(ii)
Public agency facilities and structures;
(iii)
Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides;
(iv)
Theaters and auditoriums (except for drive-in theaters);
(v)
Bed and breakfast;
(vi)
Assisted living facilities including rehabilitation center or long-term acute care center;
(vii)
Office, professional and general businesses;
(viii)
Medical facilities;
(ix)
Veterinary clinic, only 1 is allowed within the development;
(x)
Health clubs, health spas, exercise/fitness centers;
(xi)
Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.
(B)
Architectural controls.
The following provisions shall be applicable to all land within zone 18 classified as commercial (C-2):
(i)
Maximum building height.
The maximum building height shall be thirty-five (35) feet above the highest natural contour of the applicable lot; provided, however, no structures shall exceed three stories in height.
(ii)
Maximum area of building cover.
Building area shall not exceed fifty percent (50%) of the area of the lot.
(iv)
Area of building.
Notwithstanding uses permitted herein, the ground floor of a building or structure shall not exceed ten thousand (10,000) square feet or be less than three thousand (3,000) square feet. Building area shall not exceed fifty percent (50%) of the area of the lot.
(v)
Landscaping.
Provision of landscaping between parking areas and the main access areas, except for access driveways. All parking lots must be landscaped. All landscaping must be protected from vehicular damage by either wheel stops or curbs. (See diagram 1 for example.)
Diagram 1. Parking Lot Landscape Standards  |
a.
Landscaped areas shall be provided at all driveway entrances and landscape islands after every 10th parking stall.
b.
Low lying shrubs (less than 2 ft. in height) shall be used when placed in a vision triangle.
c.
Visual relief screen shall be provided to break up the visual expanse of the parking lot near streets and along property lines.
d.
Landscape islands shall be a minimum of 9' wide and 15' long.
e.
Endcap islands shall be a minimum of 9' wide and 30' long.
f.
Continuous buffer landscaping shall be provided when abutting residential uses.
g.
Landscaping is an essential element of the master plan for the project. Each site development plan submitted to the city shall include the installation and placement of appropriate landscaping. Each lot on which a building is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and attractive condition to front and side yard areas situated outside fences or walls. Preservation of existing vegetation in addition to the introduction of plants native to the Project shall be considered in establishing the landscaping.
(vi)
Spacing.
Commercial structures, excluding accessory structures, shall be spaced a minimum of thirty (30) feet apart.
(vii)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long.
(viii)
Comply with all city building and construction ordinances and regulations.
(ix)
Exterior walls.
All buildings or structures must have exterior walls of one hundred percent (100%) masonry which consists of stone or stucco covering on the total of all exterior walls. No vinyl, plywood, pressboard, particle board, or similar type of material shall be used on any exterior wall or any structure.
(C)
Minimum setback distances.
Minimum setback distances from perimeter property lines are as follows:
(D)
Hours of operation.
Bed and breakfast, medical and long-term care facilities in this district shall be allowed to operate 24 hours a day seven days a week.
(E)
Texas Accessibilities Standard:
As to any buildings within C-2 classification which are commercial facilities open to the public, the owner of such buildings shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building and such expense shall be borne by the owner of such building.
(F)
Conditional uses.
The following uses shall require approval in accordance with Part VIII Conditional Use Approvals of this article.
(ii)
Multifamily residential
(iii)
Personal storage building
(iv)
Convenience store with a maximum of 8 gas pumps
(v)
Wireless communications tower
(vi)
Contractor’s office - no outside storage
(vii)
Self-service storage units
(viii)
Research lab - non-hazardous
(ix)
Community garden less than 1 acre
(x)
Farmer’s market less than 1 acre
(xi)
Green plaza/park
(xii)
Pavilion
(xiii)
Dog/animal park
(xiv)
Biking center
(xv)
Kiosk
(xvi)
Church
(xvii)
Library
(xviii)
Amphitheater
(xix)
Office/warehouse
(xx)
Temporary real estate sales office for new development
(2)
A-1 Recreational.
(A)
(B)
Texas Accessibilities Standard.
As to any buildings within A-1 classification which are commercial facilities open to the public, the owner shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.
(3)
DR Development reserve.
This land is being held for future rezoning and development, and any plans for any DR zoned tract will first need to be reviewed by the planning and zoning commission and approved by the city council as an amendment to this PD section.
(Ordinance 2017-07 adopted 3/21/17; Ordinance 2018-19 adopted 9/18/18; Ordinance 2020-01 adopted 10/15/19; Ordinance 2020-06, sec. IX, sec. 12/10/19; Ordinance 2021-36, sec. XXI, adopted 9/21/21; Ordinance 2023-18 adopted 4/4/2023; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.422 Zone 19 Monarch Ridge
(a)
The following provisions, and section 14.02.402, standards applicable to all properties in all zones, shall be applicable to all land within Zone 19 regardless of classification:
(1)
Spaces between buildings.
Where more than one building or a multiple dwelling is located on a lot, the following spaces and passageways shall be provided and maintained:
(A)
There shall be at least ten (10) feet between every single-family dwelling, two-family dwelling, multiple dwelling, and any other building on the same lot. These regulations do not apply to required spaces between accessory structures and other buildings on the same lot, which requirements are otherwise provided for herein.
(B)
There shall be a passageway at least ten (10) feet in width extending from a street to one entrance of each dwelling unit in a multiple dwelling, unless there is an entrance to the dwelling unit open onto the street or into a hallway opening onto the street.
(C)
Where dwellings or a group of dwellings are arranged around a common area, the average width of the common area shall not be less than twenty (20) feet. Such an area may serve as the passageway for rear buildings or as the space between buildings.
(2)
Side yard setback-reverse corner lots.
In the case of a reverse corner lot, there shall be a side yard setback on the street side of the corner lot of not less than the front yard requirements for the lots in the rear of such corner lot.
(3)
Flat roofs.
No visible flat roofs shall be permitted on any building or structure constructed on any lot.
(4)
Image corridor and dark skies.
All standards applicable to the image corridor district overlay and dark skies outdoor lighting standards.
(5)
Minimum one-half acre lot size.
Minimum one-half acre lot size may be reduced by ten percent (10%) for R-1 homes as long as the total number of R-1 lots does not exceed 340 and GH lots do not exceed 140.
(b)
The following provisions shall be applicable to all land within Monarch Ridge classified as R-1 Single-Family Residential:
(2)
Maximum building height.
No dwelling unit erected on any lot shall have more than two (2) stories or exceed a maximum height of thirty-five feet (35') from the highest point on the first floor slab, exclusive of towers and chimneys, or exceed a maximum height of forty-two feet (42') from the lowest point on the first floor slab, inclusive of towers and chimneys. A sub floor, basement or similar improvement may be allowed as an addition to a two-story Dwelling Unit where necessary due to topographical considerations on such Lot.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setbacks shall conform to a minimum depth of twenty-five (25) feet from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
A principal structure shall provide total side yards of not less than fifteen (15) feet with not less than five (5) feet on one (1) side. Corner lots shall maintain a minimum setback of twenty-five (25) feet from the side street line.
(C)
A rear yard shall be maintained of at least twenty (20) feet from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses otherwise permitted herein, no more than thirty-five percent (35%) of the total lot area may be used for improvements limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, dwelling and other structures, covered and uncovered patios, driveways, and sidewalks.
(5)
Minimum dwelling unit size.
All residences located in Monarch Ridge shall require not less than the following number of square feet, excluding carport, garage, covered porches, covered contiguous patios or other similar appendages, on the lots as specified below.
(6)
Garages.
All lots shall provide for at least one garage of no less than 550 square feet per dwelling unit to accommodate two standard-sized vehicles and one golf cart, and such structure shall be connected to the main structure. The connection may be by a breezeway. Each garage shall have a minimum width, as measured from inside walls of ten feet (10') per car and a minimum depth for each car of twenty-one feet (21'). All garages shall be designed, erected, constructed, installed or maintained as side entry/load in such manner that the garage doors thereof shall not be located nearer that thirty-five feet (35') to any street curb. All garages shall be completely enclosed.
(c)
The following provision shall be applicable to all land within Monarch Ridge classified as GH Garden Home:
(2)
Maximum building height.
The maximum building height shall be thirty-five feet (35') above the highest natural contour of the applicable lot, exclusive of towers and chimneys, or exceed a maximum height of forty-two [feet] (42') from the lowest point on the first floor slab, inclusive of towers and chimneys.
(3)
Minimum yard requirements.
Except as specified to the contrary on an approved plat, which specification shall control, the following shall apply:
(A)
Front yard setback shall conform to a minimum depth of twenty feet (20') from the front lot line to the closest structural projection, including porches, but not including eaves, overhangs, planters or fireplaces.
(B)
A principal structure shall provide a total side yard setback of not less than ten feet (10'), with not less than five feet (5') on one (1) side. Corner lots shall maintain a minimum setback of ten feet (10') from the side street line; and
(C)
A zero lot line can have a zero feet setback on one side with a ten feet (10') set back on the other side.
(D)
A rear yard shall be maintained at least fifteen feet (15') from the rear lot line to the nearest building line.
(4)
Maximum area of dwelling.
Notwithstanding uses otherwise permitted herein, no more than sixty-five percent (65%) of the total lot area may be used for improvements limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, dwelling and other structures, covered and uncovered patios, driveways, and sidewalks.
(5)
Minimum dwelling unit size.
All residences shall have not less than 1,800 square feet of living space, excluding carport, garage, covered porches and contiguous patios.
(6)
Garages and carports.
All lots shall provide for at least one garage of no less than 450 square feet per dwelling unit and such structure shall be connected to the main structure. The connection may be by a breezeway.
(d)
The following provisions shall be applicable to all land within Zone 19 Monarch Ridge classified as C-2 General Commercial:
(1)
Uses permitted.
Retail or wholesale stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail or wholesale business conducted on the premises and which is compatible with the uses permitted below.
(A)
Section 14.02.402(a)(13)(A)-(B) requiring commercial projects larger than 15,000 square feet will not require a variance for medical facilities including, but not limited to, any public or private hospital, urgent care clinic, outpatient care center or specialized care centers, medical training facilities, health care facility, physician's office, dispensary, ambulatory surgical center, or similar facilities where medical or dental care is provided to any person.
(B)
Automobile parking areas: Shared parking is allowed in order to meet parking requirements. Further, the development services director may allow for a reduction in parking requirements in addition to the shared parking spaces allowance of 10% and in accordance Urban Land Institute Shared Parking 3rd edition.
(C)
Public agency facilities and structures.
(D)
Restaurants, tea rooms and cafes, including those offering on- and off-premises sale of alcoholic beverages, where the law provides.
(E)
Assisted living facility.
(F)
Office, professional and general business.
(G)
Medical facility and associated offices.
(H)
Health club, health spa, exercise/fitness center.
(I)
Clubhouses, including restaurants with those offering on- and off-premises sale of alcoholic beverages, where the law provides, golf and tennis pro shops and attendant facilities located in and surrounded by R-1 classifications.
(J)
Accessory structures to be located on the same lot as may be reasonably necessary and appropriate.
(2)
Maximum building height.
The maximum building height shall be forty-five feet (45') above the highest natural contour of the applicable lot and have a maximum of three stories.
(3)
Maximum area of building.
Notwithstanding uses otherwise permitted herein, no more than 85% of the total lot area may be used for improvements limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.
(4)
Minimum area of building.
The ground floor of a building or structure shall not be less than 4,000 square feet.
(5)
Landscaping.
Provision of landscaping between parking areas and main access areas, except for access driveways. All parking lots must be landscaped according to the Image Corridor Overlay District.
(6)
Parking.
A minimum of one (1) parking space per 250 square feet of net rentable space is required. All required parking spaces are to be 10 feet wide by 20 feet long in conformance with the image corridor overlay district and dark skies lighting ordinance.
(7)
Exterior walls.
All buildings or structures must have exterior walls of fifty percent (50%) masonry covering the total of all exterior walls, excluding doors and windows. The exterior portion of all walls that are not masonry shall be painted or stained immediately upon completion or shall have color mixed in the final structural application, excepting acceptable woods that are commonly used without such finishes, so that all such materials shall have a finished appearance. No plywood, pressboard, particle board or similar type of material shall be used on any exterior wall or any structure and in conformance with the image corridor overlay district.
(8)
Roof construction.
All roofs on buildings and structures on any lot shall be clay or concrete tile or standing seam metal with no visible screws or fasteners and shall be properly installed on a suitable slope.
(9)
Hours of operation.
Medical and long-term care facilities in this district shall be allowed to operate 24 hours a day, seven days a week.
(10)
Texas accessibilities standard.
As to any buildings within this classification which are commercial facilities open to the public, the owner of such building shall confirm that such construction plans have been certified as to their compliance with the Texas Accessibilities Standard requirements and registered with the Texas Department of Licensing and Registration (TDLR). An inspector certified by TDLR shall conduct a final compliance inspection of the building, and such expense shall be borne by the owner of such building.
(e)
The following provision shall be applicable to all land within Zone 19 Monarch Ridge classified as A-1 Recreational.
(1)
This classification is intended to establish and preserve attractive recreational facilities including golf courses, driving ranges, natural or artificial hazards for the game of golf, tennis courts, pickleball courts, and other recreational facilities, and to protect the integrity of such areas by prohibiting the mixing of uses that are incompatible with the game of golf and other recreational uses. The site should also contain adequate space for the required off-street parking and for buffering from residential classifications.
(2)
Uses permitted.
(A)
Golf courses including but not limited to tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair. Service and storage facilities, and golf course maintenance facilities;
(B)
Golf academies, including but not limited to instructional facilities, driving ranges, golf greens, tees and fairways;
(C)
Tennis courts, pickleball courts, related facilities or clubhouses;
(D)
Swimming pools, gym/workout area, basketball courts, and related facilities or clubhouses;
(E)
Property owners' association facilities and meeting facilities.
(F)
Parks.
(G)
Accessory structures and uses incidental to the permitted uses.
(Ordinance 2023-17 adopted 3/21/2023)
§ 14.02.461 Purpose of planned development zones.
The purpose of a planned development (PD) zone is to provide for the development of land as an integral unit for single or mixed use in accordance with an approved PD concept plan. Uses, regulations and other requirements in a PD ordinance may vary from the provisions of the existing zone the property is located in. The use of PD zones is one way to implement the goals and objectives of the comprehensive plan. PD zones are also intended to encourage flexible and creative planning and to ensure the compatibility of land uses within a single project. PD zones that are triggered by a large scale project, a high density or high intensity rezoning request, the need for a mix of land uses, or that propose new types of designs or development, need to meet one or more of the following purposes:
(1)
To provide for a mix of residential and/or commercial uses and amenities within a single project when such a mix is desirable and in the best interest of the community;
(2)
To encourage the creative development of land, provide locations for well-planned developments or meet other objectives of the comprehensive plan;
(3)
To provide for increased recreation and open space opportunities for public use;
(4)
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, hills, viewscapes, and wildlife habitats; or
(5)
To meet or exceed the present standards of this article.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.462 Nature of PD zones and minimum standards.
(a)
Each PD shall be a freestanding zone in which land uses and intensities of land use are designed to fit the physical features of the site and to achieve compatibility with existing and planned adjacent uses. Minimum standards for residential and/or nonresidential uses proposed for the PD must be incorporated within a PD ordinance adopted by the city council as a rezoning request. In adopting the PD ordinance, the city council may incorporate minimum standards by making reference to the existing zone that the PD is located in.
(b)
To the extent that a PD concept plan and PD ordinance create standards or impose restrictions or duties which differ from those imposed by other city ordinances, rules or regulations, the standards, restrictions or duties imposed by the PD concept plan and PD ordinance, adopted pursuant to this division, shall supersede such other provisions to the extent of any conflict or inconsistency. Any inconsistency or conflict shall be identified by the applicant at the time of application for the PD zone.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.463 Land use.
(a)
An application for a PD zone shall specify the use or the combination of uses proposed and the location of all authorized uses in the PD ordinance shall be consistent with the PD concept plan.
(b)
Residential and/or commercial uses.
Unless otherwise provided by the PD ordinance, the following standards shall apply to all residential and/or commercial uses within a PD zone:
(1)
Drainage.
Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams with a natural appearance wherever possible.
(2)
The following items shall be addressed in the PD ordinance for a PD containing residential and/or commercial uses:
(A)
Density, including height, number of stories, and size of buildings and other structures;
(B)
The percentage of a lot that is occupied;
(C)
The size of yards, courts, and open space;
(D)
The location and use of buildings, other structures, and land;
(E)
The bulk of buildings;
(F)
Landscaping;
(G)
Fencing, walls, and screening;
(H)
Steep slope protection;
(I)
Exterior construction and design;
(J)
Lighting in compliance with the city’s outdoor lighting ordinance;
(K)
Parking and loading;
(L)
Amenities;
(M)
Ingress/egress; and
(N)
Traffic impact and flow.
PD zone applicants are encouraged to discuss with the city manager and development services director these items early in the process, preferably prior to the preparation of a PD concept plan. |
(3)
Open space standards.
A minimum of twenty percent (20%) of the gross land area within the entire PD zone shall be devoted to open space. Open space for PD zones may be satisfied by either public or a combination of public and private open space.
(5)
Dimensional and area standards.
Dimensional and area standards for uses shall be the most restrictive standards authorized by the city’s zoning regulations for the same or similar uses, unless other standards are approved by city council.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.464 Concept plan required.
(a)
PD concept plan.
The PD concept plan is mandatory, and is intended to be used as the first step in the PD process. It establishes general guidelines for the PD zone by identifying the proposed land uses and intensities, street and utility locations, and open space. It also illustrates the integration of these elements into a master plan for the PD zone. The PD concept plan is incorporated in the PD ordinance and together they establish the development standards for the PD zone. The concept plan shall be submitted along with the PD rezoning request, and both shall be processed simultaneously. If the PD rezoning application is approved, the PD concept plan shall be incorporated and made a part of the PD rezoning ordinance.
(b)
Compliance with approved plan.
No development shall begin and no building permit shall be issued for any land within a PD zone until a PD ordinance that is consistent with the PD concept plan has been approved. Each PD zone shall be developed, used, and maintained in compliance with the approved PD concept plan. Compliance with the PD ordinance shall be required as a condition for issuance of any certificates of occupancy in the PD zone. The subdivision platting regulations of chapter 10 subdivision regulations must also be complied with as required and must be in conformance with the approved PD concept plan.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.465 Establishment of PD zone and concept plan.
(a)
The procedures for establishing a PD zone are the same as for any other type of rezoning request, except that the application shall also include the following:
(1)
A PD concept plan;
(2)
The proposed PD zone development standards in the PD ordinance;
(3)
Identification of an existing zone, if any, whose regulations shall apply to the proposed PD zone;
(4)
A general statement setting forth how the proposed PD zone will relate to the comprehensive plan;
(5)
The total acreage within the proposed PD zone; and
(6)
If the development is to occur in phases, a conceptual phasing plan that identifies the currently anticipated general sequence of development, including the currently anticipated general sequence for installation of utilities and streets to serve the development.
(b)
Proposed PD development standards.
Proposed PD district development standards in the PD ordinance shall be reviewed, and if the PD zoning application is approved, such standards shall control. Such proposed development standards are those listed in section 14.02.463(b)(2) of this article and shall include, but shall not be limited to: uses; building setbacks; lot dimensions and sizes; and utility and street standards. Any graphic depictions used to illustrate such standards shall be considered as regulatory standards. In the event of any conflict, the more stringent standards shall apply.
(c)
Other city development standards apply.
Except to the extent provided by the PD concept plan and the PD ordinance, development within the PD zone shall be governed by all of the ordinances, rules, and regulations of the city in effect at the time of such development, including the standards of any zone identified in the application. In the event of any conflict between the PD concept plan and PD ordinance and the then-current ordinances, rules, and regulations of the city, the terms, provisions, and intent of the PD concept plan and PD ordinance shall control.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.466 Project design.
It is the intent of these regulations to encourage outstanding project design for PD zones. The following standards will be used to evaluate project design:
(1)
The arrangement of all uses and improvements should preserve and enhance the natural character of the site and should reflect the natural capabilities and limitations of the site as well as the characteristics and limitations of adjacent property.
(2)
Development must be compatible with the neighborhood relative to architectural design, scale, bulk and building height.
(3)
Buildings, transportation improvements, open space, and landscaping, must be designed with consideration for natural conditions and views, and be arranged to produce an efficient, functionally organized, and coordinated development.
(4)
Vegetative communities, high quality native trees, high quality soil resources, critical habitat area and steep slopes should be maintained as open areas and wildlife habitat. Creeks and streams should be enhanced as amenities.
(5)
Open space should be enhanced through provision of amenities.
(Ordinance 16-09-20J adopted 9/20/16; Ordinance 2023-18 adopted 4/4/2023)
§ 14.02.467 Amendment of concept plan.
PD concept plans are considered part of the PD ordinance. Any major amendment to a PD concept plan shall be considered a zoning change, and shall be processed as such. The city manager in consultation with the director of development services shall determine if an amendment is major or minor, and if minor, the change only requires the city manager’s approval.
(Ordinance 16-09-20J adopted 9/20/16)
§ 14.02.511 Effect of interpretation.
In interpreting and applying the provisions of this article, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this article to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this article imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, or otherwise contains more stringent regulations, the provisions of this article shall govern.
(Ordinance 07-09-18E, sec. 5.1, adopted 9/18/07)
§ 14.02.512 Stop orders.
Whenever any work is being done contrary to the provisions of this article, the development services department may order the work stopped by notice in writing (referred to as a “stop work order”) served on any persons engaged in or causing such work to be done. The stop work order shall be posted on the property adjacent to the activity in question, and any such person shall forthwith stop work until authorized by the city to proceed with the work.
(Ordinance 07-09-18E, sec. 5.2, adopted 9/18/07)
§ 14.02.513 Permit revocation.
A violation of this article shall authorize the development services manager to cancel any permit depending in whole or in part on any approval under this article. If a permit is canceled, no further work shall be done on the project made the subject of the permit until the violation has been cured and new submittals under this article, as required by the development services manager, have been made and approved in accordance with the provisions of this article and a new permit has been issued.
(Ordinance 07-09-18E, sec. 5.3, adopted 9/18/07)
§ 14.02.514 Penalties and injunctive relief.
Any person violating this article, upon conviction, is punishable by a fine in accordance with the following:
(1)
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
(2)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(3)
Civil remedies.
Nothing in this article shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this article, and to seek remedies as allowed by law, including, but not limited to the following:
(A)
Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(B)
A civil penalty up to one thousand dollars ($1,000.00) a day (with each day constituting a separate offense and separate violation) when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
(C)
Other available relief.
(4)
Injunctive relief.
Any person violating this article is subject to suit for injunction as well as prosecution for criminal violations.
(Ordinance 07-09-18E, sec. 5.4, adopted 9/18/07)
§ 14.02.041 Application Deadlines.
Consideration of an application by the City Council, Planning and Zoning Commission, or the Board of Adjustment in accordance with the provisions below shall occur at a regularly scheduled or special call meeting that includes required public hearings with timely notice no sooner than thirty (30) days nor more than sixty (60) days after receipt of an application formally determined to be complete by the Development Services Director. In no case shall an application be formally determined to be complete that does not include all application fees and deposits required by the Horseshoe Bay Code of Ordinances.
(Ordinance 2025-26 adopted 8/26/2025)
§ 14.02.042 Application Amendments.
Amendments to any application following the formal determination of a complete application by the Development Services Director but before a public hearing has been noticed or placed on a published agenda shall be deemed to be a withdrawal of that otherwise complete application, requiring a new application along with new forms and applicable fees. Consideration of that new application will be determined in accordance with the application deadline provisions in the section immediately above. This provision shall not preclude an applicant from submitting supplemental information at a public hearing so long as it is consistent with the existing application and does not propose any substantive amendments.
(Ordinance 2025-26 adopted 8/26/2025)
§ 14.02.043 Denial of Similar Applications and Withdrawal Requests
No application for approval or an appeal sought pursuant to any provision of this chapter shall be accepted if substantially the same application on the same property has been denied in any prescribed forum within the preceding twenty-four (24) month period without a formal waiver of that requirement by the City Council in an open session following a finding of a specific justification. Once an application or appeal pursuant to any provision of this chapter has been noticed in accordance with the provisions of this chapter or has been included on an agenda in accordance with the requirements of the Local Government Code, a withdrawal of that application shall be treated as a denial in determining when a substantially similar application can be resubmitted.
(Ordinance 2025-26 adopted 8/26/2025)
§ 14.02.044 Conflict with Other Applicable Provisions.
Whenever the provisions of this chapter conflict with those contained in another City ordinance, regulation, or standard, the most stringent or restrictive requirement shall be deemed to be applicable. However, the provisions of this chapter are not intended to enforce, repeal, supersede, or otherwise interfere with restrictions placed upon property by covenant, deed, easement, or any other private agreement.
(Ordinance 2025-26 adopted 8/26/2025)
§ 14.02.071 Intent of provisions.
(a)
Within the zone classifications established by this article or amendments thereto, there may exist lots, structures, uses of land and structures, projects, and characteristics of use which were lawfully in existence and operating before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the zone in which they are located. It is the intent of this article to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this article are met.
(b)
Nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same zone, except as otherwise provided herein.
(c)
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the zones involved.
(Ordinance 07-09-18E, sec. 2.1, adopted 9/18/07)
§ 14.02.072 Nonconforming status.
(a)
Any use, platted lot or structure which does not conform with the regulations of this article on the effective date hereof or any amendment hereto, except as expressly provided for herein, shall be deemed a nonconforming use, lot or structure provided that:
(1)
Such use, platted lot or structure was in lawful existence prior to the adoption of the zoning ordinance;
(2)
Such use, platted lot or structure was in existence at the time of annexation to the city, was a legal use of the land at such time, and has been in regular and continuous use since such time; or
(3)
The provisions of section 10.03.044(a) apply to these lots.
(b)
Any other use, platted lot, or structure which does not conform with the regulations of the zone in which it is located on the effective date of this article or any amendment thereto, and except as provided in section 14.02.073 below, shall be deemed to be in violation of this article, and the city shall be entitled to enforce fully the terms of this article with respect to such use, platted lot, or structure.
(Ordinance 07-09-18E, sec. 2.2, adopted 9/18/07)
§ 14.02.073 Continuing lawful uses and structures.
(a)
A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it is annexed.
(b)
A nonconforming structure occupied by a nonconforming use may be reoccupied within six (6) months by a conforming use, following cessation of the nonconforming use, without losing its nonconforming structural status.
(Ordinance 07-09-18E, sec. 2.3, adopted 9/18/07)
§ 14.02.074 Abandonment of nonconforming uses.
(a)
If a nonconforming use is abandoned, any future use of the premises shall be in conformity with the provisions of this article, as amended, prior to the time the use was abandoned.
(b)
A nonconforming use shall be deemed abandoned in the following circumstances:
(1)
The use ceases to operate for a continuous period of six (6) months; or
(2)
Where the use occupies a structure, the structure remains vacant for a continuous period of six (6) months; or
(3)
In the case of a temporary use, the use is moved from the premises; or
(4)
When a nonconforming structure previously occupied by a nonconforming use is not reoccupied within six (6) months by a conforming use, following cessation of the nonconforming use.
(Ordinance 07-09-18E, sec. 2.4, adopted 9/18/07)
§ 14.02.075 Changing nonconforming uses.
(a)
A nonconforming use shall not be changed to another nonconforming use.
(b)
A nonconforming use may be changed to a conforming use; provided that, once such change is made, the use shall not be changed back to a nonconforming use.
(c)
A conforming use located in a nonconforming structure may be changed to another conforming use.
(Ordinance 07-09-18E, sec. 2.5, adopted 9/18/07)
§ 14.02.076 Expansion of nonconforming uses and structures.
(a)
A nonconforming use may be extended throughout the structure in which it is located, provided that:
(1)
No alteration shall be made to the structure occupied by the nonconforming use, except those required by law to preserve the integrity of the structure; and
(2)
The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.
(b)
A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.
(c)
A nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, except to provide additional off-street parking or loading areas required by the zoning ordinance.
(Ordinance 07-09-18E, sec. 2.6, adopted 9/18/07)
§ 14.02.077 Restoration of nonconforming structure.
(a)
If more than fifty percent (50%) of the total appraised value of a nonconforming structure, as determined from the records of the Llano or Burnet County Appraisal District (as may be applicable), has been destroyed, it may be rebuilt only in conformity with the standards of this article.
(b)
If less than fifty percent (50%) of the total appraised value of a nonconforming structure, as determined from the records of the Llano or Burnet County Appraisal District (as may be applicable), has been destroyed, it may be reconstructed to its original dimensions.
(c)
If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use, the nonconforming use may be re-established subject to the limitations on expansion set forth in this division.
(Ordinance 07-09-18E, sec. 2.7, adopted 9/18/07)
§ 14.02.078 Right to proceed preserved.
§ 14.02.111 Functions of planning and zoning commission and board of adjustment.
The city council of the City of Horseshoe Bay hereby creates a planning and zoning commission and a board of adjustment. The planning and zoning commission shall have all the rights, powers, privileges and authority authorized and granted to a planning and zoning commission and the board of adjustment shall have all the rights, powers, privileges and authority authorized and granted to a board of adjustment through the statutes of the State of Texas authorizing and granting home rule cities the power of zoning and subdivision regulation including, but not necessarily limited to, those found in chapters 211 and 212 of the Texas Local Government Code, as may be amended.
(Ordinance 2017-05 adopted 2/21/17)
§ 14.02.151 General.
Upon adoption of this article, the City Council hereby creates the Planning and Zoning Commission, hereafter sometimes referred to as the "PZC" which shall function according to the following criteria that establish membership and operating procedures.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.152 Authority of the planning and zoning commission.
(a)
The PZC shall have all the rights, powers, privileges and authority authorized and granted by the City Council and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in chapter 211 and 212 of the Texas Local Government Code, as may be amended.
(b)
The PZC shall be an advisory body and adjunct to the City Council and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning district boundaries, zoning ordinance amendments, zoning designations for newly annexed areas, and the approval of plats of subdivisions.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.153 Creation and terms of office.
(a)
The PZC shall consist of five (5) regular members and up to three (3) alternate members, all of whom shall be residents and registered voters of the city. An alternate member may serve in the event of absence or disqualification of a regular member. The Chair of the Board shall notify an alternate member or members if their attendance will be required. Alternate members have the same authority as regular members when serving in that role, only for the meeting at which they serve.
(b)
Each year in December, City Council will appoint members to fill expiring terms as necessary and outlined in the City Council Rules of Procedure.
Members' terms of office shall be staggered as follows: Three (3) of the five (5) regular members on the Commission shall serve for a term of office of two (2) years beginning January 1 of odd years, and the other two (2) regular members shall serve for a term of office of two (2) years beginning January 1 of even years. There shall be a limit of two consecutive terms that a regular member may serve on the Commission. A partial term to which a person is appointed shall not be counted as a full two-year term for the purposes of this article. There are no term limits for alternate members.
(c)
Any vacancy(ies) on the PZC shall be filled for the unexpired term(s) via appointment by a simple majority vote of the City Council for the remainder of the term. In any case of a tie vote, the City Council would vote again, until the replacement member(s) is (are) selected.
(d)
A PZC member's position is automatically considered vacant if the member is absent for:
(1)
Three (3) consecutive, regular meetings; or
(2)
Four (4) meetings (cumulative) during the preceding twelve (12) month period.
Exceptions may be granted if the member has first obtained a written leave of absence from the Chair of the PZC and absences are due to unusual circumstances beyond the member's control (such as sickness of the member or someone in the member's immediate family). City Council has the final authority to make exceptions.
(e)
Members of the PZC may be removed from office at any time by a simple majority vote of the City Council.
(f)
The members of the PZC shall regularly attend meetings and public hearings of the PZC, shall serve without compensation, and shall not hold any other office within, or serve as an employee of, the city while serving on the PZC. The PZC shall meet a minimum of once per month, at least three (3) weeks prior to the next regularly scheduled City Council meeting. If there have been no applications filed for review by the PZC, the Development Services Director shall notify the Chair and no meeting shall be required for that month.
(g)
The City Council shall appoint a Chair from among the membership of the PZC. The PZC shall elect from among its membership a Vice Chair. Each officer shall hold office for one (1) year or until replaced. The PZC, at its first meeting each year shall select the Vice Chair.
(h)
The PZC shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules and bylaws shall include, among other items, provisions for the following:
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.154 Voting procedures.
(a)
The PZC will follow the parliamentary procedure adopted by the City Council, such as Robert's Rules of Order, Newly Revised, and procedures shall not be in conflict with the laws applicable to the PZC.
(b)
Quorum.
A quorum shall consist of three (3) members of the PZC. Motions shall carry with a simple majority vote; however, in no case shall less than three (3) votes in favor or against a motion constitute a majority.
(c)
Voting.
All PZC members, including the Chair, shall be entitled to one vote each upon any question when a quorum is present. Voting procedures shall be in accordance with the parliamentary procedures adopted by the PZC.
(d)
Conflict of interest.
A member shall not vote or participate in any deliberations regarding a matter before the PZC if the member has any personal financial interest in or any property within five hundred feet (500') of the property in question, whether such interest is direct, indirect, financial or otherwise. A member may disqualify him/herself, and in any case where the question of a member's interest is raised, the Chair shall rule on whether the member shall be disqualified.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.155 Meetings.
(a)
The Planning and Zoning Commission shall meet at city hall or in some other specified location as may be designated by the presiding Chair and coordinated through the Development Services department.
(b)
Meetings shall be conducted in accordance with the Texas Open Meetings Act.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.156 Establishing ETJ.
Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city's corporate limits and established extraterritorial jurisdiction (ETJ) are hereby adopted, and the PZC, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority granted by and through said statutes and any lawfully executed agreements by the city pertaining to regulation of subdivisions in the city limits and ETJ.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.157 Joint meetings.
Whenever the City Council and the PZC are required by the laws of the state to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the City Council and the PZC are hereby authorized to hold joint public hearings after publishing a public hearing notice in the official newspaper of the city and in such other publication as the City Council may require. The public notice shall be published fifteen (15) days before the date set for the public hearing.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.191 General.
Upon adoption of this article, the City Council hereby creates the Board of Adjustment, hereafter sometimes referred to as the "BOA" which shall function according to the following criteria that establish membership and operating procedures.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.192 Authority of the board of adjustment.
The BOA shall have the authority granted under chapter 211 of the Texas Local Government Code and those established herein, to exercise powers and to perform duties including the following:
(1)
Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this article;
(2)
Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;
(3)
Authorize, in specific cases, a variance from the terms of this article if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this article would result in unnecessary hardship, and so that the spirit of this article is observed, and substantial justice is done. Unnecessary hardship is defined by Texas Local Government Code 211.009(b-1);
(4)
In exercising its authority under this article, the BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.193 Limitations on authority of BOA.
(a)
The BOA may not grant a variance authorizing a use other than those permitted in the zone and classification for which the variance is sought, except as provided below.
(b)
The BOA shall have no power to grant or modify conditional use approvals authorized under this article.
(c)
The BOA shall have no power to grant a zoning amendment. In the event that a written request for a zoning amendment is pending before the P&Z or the City Council, the BOA shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment application.
(d)
The BOA may grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat, or final plat, where required, is pending on the agenda of the P&Z and, where applicable, by the City Council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to requesting a hearing by the BOA.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.194 Creation and terms of office.
(a)
The BOA shall consist of five (5) regular members and up to five (5) alternate members, all of whom shall be residents and registered voters of the city. An alternate member may serve in the event of absence or disqualification of a regular member. The Chair of the Board shall notify an alternate member or members if their attendance will be required. Alternate members have the same authority as regular members when serving in that role, only for the meeting at which they serve.
(b)
Each year in December, the City Council will appoint members to fill expiring terms as necessary and outlined in the City Council Rules of Procedure.
Members' terms of office shall be staggered as follows: Three (3) of the five (5) regular members on the Board shall serve for a term of office of two (2) years beginning January 1st of even years, and the other two (2) regular members shall serve for a term of office of two (2) years beginning January 1st of odd years. There shall be a limit of two consecutive terms that a regular member may serve on the Board. A partial term to which a person is appointed shall not be counted as a full two-year term for the purposes of this article. There are no term limits for alternate members.
(c)
Any vacancy(ies) on the BOA shall be filled for the unexpired term via appointment by a simple majority vote of the City Council for the remainder of the term. In any case of a tie vote, the City Council would vote again, until the replacement member(s) is (are) selected.
(d)
A BOA member's position is automatically considered vacant if the member is absent for:
(1)
Three (3) consecutive, regular meetings; or
(2)
Four (4) meetings (cumulative) during the preceding twelve (12) month period.
Exceptions may be granted if the member has first obtained a written leave of absence from the Chair of the BOA and absences are due to unusual circumstances beyond the member's control (such as sickness of the member or someone in the member's immediate family). City Council has the final authority to make exceptions.
(e)
Members of the BOA may be removed from office at any time by a simple majority vote of the City Council.
(f)
Members of the BOA shall regularly attend meetings and public hearings of the BOA, shall serve without compensation, and shall not hold any other office within, or serve as an employee of, the city while serving on the BOA. The BOA shall meet a minimum of once per month. If there have been no applications filed for review by the BOA, the Development Services Director shall notify the Chair and no meeting shall be required for that month.
(g)
The City Council shall appoint a Chair from among the membership of the BOA. The BOA shall elect from among its membership a Vice Chair. Each officer shall hold office for one (1) year or until replaced. The BOA, at its first meeting each year shall select the Vice Chair.
(h)
The BOA shall have the power to make rules, regulations and bylaws for its own governance, which shall conform to those set forth by the City Council, and such rules, regulations and bylaws shall be subject to approval by the City Council. Such rules and bylaws shall include, among other items, provisions for the following:
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.195 Voting procedures.
(a)
The concurring vote of at least seventy-five percent (75%) of the BOA (4 out of 5 members) is necessary to:
(b)
The BOA will follow the parliamentary procedure adopted by the City Council, such as Robert's Rules of Order, Newly Revised, and procedures shall not be in conflict with the laws applicable to the BOA.
(c)
Quorum.
A quorum shall consist of four (4) members of the BOA. Motions shall carry with a simple majority vote; however, in no case shall less than three (3) votes in favor or against a motion constitute a majority.
(d)
Voting.
All BOA members, including the Chair, shall be entitled to one vote each upon any question when a quorum is present. Voting procedures shall be in accordance with the parliamentary procedures adopted by the BOA.
(e)
Conflict of interest.
A member shall not vote or participate in any deliberations regarding a matter before the BOA if the member has any personal financial interest in, or any property within five hundred feet (500') of, the property in question, whether such interest is direct, indirect, financial or otherwise. A member may disqualify him/herself, and in any case where the question of a member's interest is raised, the Chair shall rule on whether the member shall be disqualified.
(Ordinance 2025-06 adopted 1/21/2025)
§ 14.02.196 Meetings.
§ 14.02.221 Variances.
(a)
Presumption.
There shall be a presumption against variances.
(b)
The BOA may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the BOA shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the BOA shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.
(Ordinance 07-09-18E, sec. 2.20, adopted 9/18/07)
§ 14.02.222 Conditions required for variance.
(a)
No variance shall be granted without first having given public notice as required by section 14.02.225(c) of this article, and having held a public hearing on the written variance request in accordance with this article and unless the BOA makes written findings:
(1)
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the land; and
(2)
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and
(4)
That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this article; and
(5)
That the granting of the variance constitutes a minimal departure from this article; and
(6)
That the subject circumstances or conditions are not self-imposed, are not based solely on economic gain or loss, and do not generally affect most properties in the vicinity of the property.
(b)
Such findings of the BOA, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the BOA meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety and welfare may be secured and that substantial justice may be done.
(Ordinance 07-09-18E, sec. 2.21, adopted 9/18/07)
§ 14.02.223 Findings of undue hardship.
(a)
In order to grant a variance, the board of adjustment must make written findings that an undue hardship exists, using the following criteria:
(1)
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property; and
(2)
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zone; and
(3)
That the relief sought will not injure the permitted use of adjacent conforming property; and
(4)
That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
(b)
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss.
(c)
No variance may be granted which results in undue hardship upon another parcel of land.
(d)
The applicant bears the burden of proof in establishing the facts that may justify a variance.
(Ordinance 07-09-18E, sec. 2.22, adopted 9/18/07; Ordinance 2021-36, sec. V, adopted 9/21/21)
§ 14.02.224 Special exceptions for nonconforming uses.
(a)
Upon written request of the property owner, the BOA may grant special exceptions for nonconforming uses in accordance with the following standards:
(1)
Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming; or
(2)
Expansion of the gross floor area of a nonconforming structure provided that such expansion does not decrease any existing setback; or
(3)
Change from one nonconforming use to another, reconstruction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.
(b)
In granting special exceptions under this section, the BOA may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of the zoning ordinance.
(Ordinance 07-09-18E, sec. 2.23, adopted 9/18/07)
§ 14.02.225 Procedures.
(a)
Application and fee.
An application for a variance or special exception under this division shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee, a site plan and such additional information as may be requested in writing in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.
(b)
Review and report by the city.
The development services staff shall visit the site where the proposed variance or special exception will apply and the surrounding area, and shall report his or her findings to the BOA.
(c)
Notice and public hearings.
The BOA shall hold a public hearing for consideration of the written variance request. One notice of a variance public hearing shall be published by the applicant in the official newspaper of the city and in such other publication as the city council may require. The notice of the public hearing shall include the purpose of the variance request with sufficient information to identify the street address, the size of the property and the details of the proposed development, and the time and the place of the public hearing. The applicant shall provide a copy of the public notice prior to publication and mailing for review by the development services director to determine that sufficient information is provided. The public notice must be approved by the development services director prior to publication in the official newspaper of the city and in such other publication as the city council may require and mailing. Notices that are not approved by the development services director for publication and mailing will not be considered as valid legal notices for this section. The public notice shall be published before fifteen (15) days of the date set for the hearing. In addition, written notice meeting the time requirement above shall be mailed by the applicant by first class mail to the owners of property within two hundred feet (200') of the lot boundary as indicated by the county appraisal district that the property is located. The development services department will post public hearing notice sign(s) as required on the affected property.
(d)
Special conditions.
The BOA may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception. Violation of any such condition, limitation or safeguard shall constitute a violation of this article.
(Ordinance 07-09-18E, sec. 2.24, adopted 9/18/07; Ordinance 2021-36, sec. VI, adopted 9/21/21; Ordinance 2024-07 adopted 1/16/2024)
§ 14.02.226 Finality of decisions and judicial review.
All decisions of the BOA are final and binding. However, any person aggrieved by a decision of the BOA may present a verified petition which states that the decision of the BOA is illegal, in whole or in part, and specifying the grounds of the illegality to a court of competent jurisdiction. Such petition must be presented within ten (10) days after the date the decision is filed in the city secretary’s office. Subject to the provisions of chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the BOA.
(Ordinance 07-09-18E, sec. 2.25, adopted 9/18/07)
§ 14.02.261 Policy and review criteria.
(a)
The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zones except:
(1)
To correct any error in the regulations or map;
(2)
To recognize changed or changing conditions or circumstances in a particular locality;
(3)
To recognize changes in technology, the style of living, or manner of conducting business;
(4)
To change specific property to uses in accordance with the approved comprehensive plan; or
(5)
To make changes in order to implement policies within the comprehensive plan.
(b)
In making a determination regarding a written requested zoning change, the council shall consider the following factors:
(1)
The recommendation from the planning and zoning commission regarding how the proposed zoning relates to the future land use recommended in the city’s adopted future land use map shown in appendix C, except for the 32 l lots listed in appendix D that are technically in conflict with the FLUM but retain their current zoning designation;[1]
[1]
Editor's Note: Appendixes C and D are included as attachments to this exhibit.
(2)
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole;
(3)
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;
(4)
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unavailable for development;
(5)
The recent rate at which land is being developed in the same zoning classification as the written request, particularly in the vicinity of the proposed change;
(6)
How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved;
(7)
Whether the proposed change treats the subject parcel of land in a manner which is not significantly different from decisions made involving other, similarly situated parcels; and
(8)
Any other factors which will substantially affect the public health, safety, morals, or general welfare.
(Ordinance 07-09-18E, sec. 2.26, adopted 9/18/07; Ordinance 2019-04, sec. II, adopted 11/13/18)
§ 14.02.262 Authority to amend ordinance.
(a)
The council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zones specified on the applicable zoning map. Any ordinance regulations or zone boundary amendment may be requested by the council or, in writing, by the owner of real property or the authorized representative of an owner of real property. Upon such request, the item(s) shall be posted on the next available council agenda after proper application, staff processing, and notification has been made.
(b)
Consideration for a change in any zone boundary line or special zoning regulation may be initiated only by the property owner or the owner’s authorized agent or by the council on its own motion when it finds that public benefit will be derived from consideration of such matter. Proof of authorization by the property owner must be submitted with the zoning application. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership or verification that he or she is acting as an authorized agent for the property owner.
(Ordinance 07-09-18E, sec. 2.27, adopted 9/18/07)
§ 14.02.263 Application.
(a)
Each application for rezoning or for an amendment or change to the existing provisions of this article shall be made in writing on an application form available at the city in the development services department, filed with the city, and shall be accompanied by payment of the appropriate fee. The application shall also be accompanied by additional information materials, such as plans, maps, exhibits, legal description of property, architectural elevations, information about proposed uses, as deemed necessary by the development services manager in order to provide sufficient information for review and action.
(b)
All zoning change requests shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of a land owner’s agent to file the change request.
(Ordinance 07-09-18E, sec. 2.28, adopted 9/18/07)
§ 14.02.264 Submission date and completeness of application.
(a)
For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for a zoning change request, that contains all elements and information required by this article, is first submitted to the development services department. No application shall be deemed officially submitted until the development services manager determines that the application is complete and a fee receipt is issued by the city.
(b)
Zoning change request applications that do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a city council agenda until the proper information is provided to and verified as complete by the development services department.
(Ordinance 07-09-18E, sec. 2.29, adopted 9/18/07)
§ 14.02.265 Public hearing and notice.
For zoning or rezoning requests, the planning and zoning commission and the city council each shall hold at least one public hearing on each zoning application. One notice of a zoning or rezoning public hearing shall be published by the applicant in the official newspaper of the city and in such other publication as the city council may require. The notice of the public hearing shall include the purpose of the zoning or rezoning request with sufficient information to identify the street address, the size of the property and the details of the proposed development, and the time and the place of the public hearing. The applicant shall provide a copy of the public notice prior to publication and mailing for review by the development services director to determine that sufficient information is provided. The public notice must be approved by the development services director prior to publication in the official newspaper of the city and in such other publication as the city council may require and mailing. Notices that are not approved by the development services director for publication and mailing will not be considered as valid legal notices for this section. The public notice shall be published before fifteen (15) days of the date set for the hearing. In addition, written notice meeting the time requirement above shall be mailed by the applicant by first class mail to the owners of property within two hundred feet (200') of the lot boundary as indicated by the county appraisal district that the property is located. The development services department will post public hearing notice sign(s) as required on the affected property.
(Ordinance 16-06-21B, sec. V, adopted 6/21/16; Ordinance 2024-07 adopted 1/16/2024)
§ 14.02.266 Failure to appear.
Failure of the applicant or representative to appear before the city council for a public hearing on their request without an approved postponement from the development services manager, shall constitute sufficient grounds for the city council to table or deny the application.
(Ordinance 07-09-18E, sec. 2.31, adopted 9/18/07)
§ 14.02.267 City council action.
(a)
After a public hearing is held before the City Council regarding a zoning application, amendment, or boundary change, the City Council may approve the request in whole or in part, deny the request in whole or in part, or continue the application to a future meeting, specifying the City Council meeting to which it is to be continued.
(b)
If the City Council denies the request, then no other substantially similar zoning application may be filed for all or part of the subject tract of land, or in the case of a text amendment request submitted by a property owner or citizen, for that portion of the ordinance, for a period of 24 months following the denial. See section 14.02.043 above. In the instance that the request for a proposed amendment to the text of this article was initiated by the City Council, there shall be no waiting period before a substantially similar request can be reconsidered.
(Ordinance 07-09-18E, sec. 2.32, adopted 9/18/07; Ordinance 2025-26 adopted 8/26/2025)
§ 14.02.268 Protests.
For zoning requests, a favorable vote of three fourths (3/4) of all members of the city council (i.e., four of the five city council members) shall be required to approve any change in zoning when written objections are received by the city secretary, duly signed and acknowledged by owners of twenty percent (20%) or more of the land area covered by the proposed change, or the land area within two hundred feet (200') of the subject property, in compliance with the provisions of section 211.006 of the Texas Local Government Code.
(Ordinance 07-09-18E, sec. 2.33, adopted 9/18/07)
§ 14.02.269 Final approval and ordinance adoption.
Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the development services manager for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared or formally adopted until a correct description and all required exhibits have been submitted to the development services department.
(Ordinance 07-09-18E, sec. 2.34, adopted 9/18/07)
§ 14.02.301 Purpose and description.
A conditional use is a land use which, because of its unique nature, is compatible with the permitted land uses in a given zone only under certain conditions. Such conditions include a determination that the external effects of the conditional use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. A conditional use approval may also be sought for any temporary use not permitted in the zoning district in which it is proposed but shall not be used to grant relief from development standards that can be approved as zoning variances by the board of adjustment. This division sets forth the standards used to evaluate proposed conditional uses and the procedures for approving conditional use applications.
(Ordinance 07-09-18E, sec. 2.35, adopted 9/18/07; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.302 Conditional use approval required.
No conditional use shall be established, and no building permit shall be issued for any use designated as a conditional use within a zone until approved in accordance with the provisions of this division. An application for a conditional use approval shall be accompanied by a site plan. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards.
(Ordinance 07-09-18E, sec. 2.36, adopted 9/18/07; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.303 Status of conditional uses.
The following general rules apply to all conditional uses:
(1)
The designation of a use in a zone as a conditional use does not constitute an authorization or assurance that such use will be approved.
(2)
Approval of a conditional use shall authorize only the particular use for which the approval is issued.
(3)
No use authorized by a conditional use approval shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new conditional use in accordance with the procedures set forth in this division.
(4)
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the city Code of Ordinances, or any permits required by regional, state and federal agencies.
(Ordinance 07-09-18E, sec. 2.37, adopted 9/18/07; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.304 Application for conditional use approval.
(a)
Application requirements.
An application for a conditional use approval may be submitted by the property owner or by the property owner's designated representative to the city. The application shall be accompanied by a site plan. If a zoning amendment is required or requested in writing, such application shall accompany the application for a conditional use approval.
(b)
Subdivision approval.
If the proposed use requires a division of land, an application for subdivision approval pursuant to the city's subdivision ordinance shall be submitted in conjunction with the application for a conditional use approval. Approval of the conditional use shall not become effective until final approval of the subdivision application; provided that if the land is to be divided in phases, the approval of the conditional use shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
(c)
Expiration.
As opposed to a zoning change or variance, a conditional use approval shall expire in one calendar year if a building permit has not been issued that incorporates that approval. Conditional use approvals shall also expire upon abandonment, either voluntary or involuntary, of one calendar year or longer. A new conditional use application and approval is required to remedy any expiration.
(Ordinance 07-09-18E, sec. 2.38, adopted 9/18/07; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.305 Procedures for approval of conditional uses.
(a)
Upon receipt of the recommendation from the development services director, the council shall conduct a public hearing, after which the council shall approve, approve subject to modification, or deny the application. If the appropriateness of the use cannot be assured at the location, the council shall deny the application and provide the reasons for such denial. One notice of a conditional use permit public hearing shall be published by the applicant in the official newspaper of the city and in such other publication as the city council may require. The public notice shall be published before fifteen (15) days of the date set for the hearing. In addition, written notice meeting this same deadline shall be mailed by the applicant by first class mail to the owners of property within two hundred feet (200') of the lot boundary as indicated by the county appraisal district that the property is located. The development services department will post public hearing notice sign(s) as required on the affected property.
(b)
The notice of the public hearing shall include the purpose of the conditional use approval request with sufficient information to identify the street address, the size of the property, the details of the proposed development, and the time and the place of the public hearing. The applicant shall provide a copy of the public notice prior to publication and mailing for review by the development services director to determine that sufficient information is provided. The public notice must be approved by the development services director prior to publication in the official newspaper of the city and in such other publications as the city council may require in addition to the required mailing. Notices that are not approved by the development services director for publication and mailing will not be considered as valid legal notices for this section.
(Ordinance 16-06-21B, sec. VI, adopted 6/21/16; Ordinance 2024-07 adopted 1/16/2024; Ordinance 2025-02 adopted 10/15/2024)
§ 14.02.306 Standards for approval of conditional use.
(a)
Factors for consideration.
When considering applications for a conditional use approval, the council shall, on the basis of the site plan and other information submitted, evaluate the impact of the conditional use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The council shall specifically consider the extent to which:
(1)
The proposed use at the specified location is consistent with the policies embodied in the adopted comprehensive plan;
(2)
The proposed use is consistent with the general purpose and intent of the applicable zone regulations;
(3)
The proposed use meets all supplemental standards specifically applicable to the use;
(4)
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity; and
(5)
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to the following:
(A)
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire;
(B)
Off-street parking areas, loading areas, and pavement type;
(C)
Refuse and service areas;
(D)
Utilities with reference to location, availability, and compatibility;
(E)
Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses;
(F)
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the zone;
(G)
Required yards and open space;
(H)
Height and bulk of structures;
(I)
Hours of operation;
(J)
Exterior construction material, building design, and building facade treatment;
(K)
Roadway adjustments, traffic-control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets; and
(L)
Provision for pedestrian access/amenities/areas.
(b)
Conditions.
In approving the application, the council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of the comprehensive development plan and this article. Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the site plan for final approval. The development services manager shall verify that the site plan incorporates all conditions set forth in the ordinance authorizing the conditional use, and shall sign the plan to indicate final approval. The city shall maintain a record of such approved conditional uses and the site plans and conditions attached thereto.
(c)
Prohibition on variances.
In conformity with the authority of the council to authorize conditional uses, the council may waive or modify specific standards otherwise made applicable to the use by this article, to secure the general objectives of this division, provided, however, that no variance shall be included as part of a conditional use approval application.
(d)
Expiration and extension.
Termination of approval of a conditional use for failure to commence development and approval of an extension of the time for performance for a conditional use approval shall be governed by this article.
(e)
Amendment.
No proposed or existing building, premises or land use authorized as a conditional use may be established, enlarged, modified, structurally altered, or otherwise changed in a material way when it is substantive element of a conditional use approval, unless such amendment is authorized in accordance with the standards and procedures set forth in this division, and the conditional use approval and associated site plan are amended accordingly.
(Ordinance 07-09-18E, sec. 2.40, adopted 9/18/07; Ordinance 2025-02 adopted 10/15/2024)