Shady Shores City Zoning Code
ARTICLE 2
1 ZONING CLASSIFICATIONS
§ 2.1.001 Zoning classifications.
(a)
Required:
The Town of Shady Shores is hereby defining districts. The use heights and regulations are uniform within each District.
R-1350-1 Residential District
R-1500-3/4 Residential District
R-1800-1/2 Residential District
R-2000-1/2 Residential District
H-1200-4400 Historical District
PD-Planned Development District
(b)
Maps:
(1)
Zoning Map -
Each area of land in the Town of Shady Shores zoned under this ordinance or any pre-existing ordinance shall be shown on the zoning map of the Town of Shady Shores, Texas.
(2)
Planning Map -
Town of Shady Shores, as a portion of the comprehensive plan established for planning growth and development within the Town, attached hereto is a planning map, indicating future land use and zoning within the Town.
(3)
FEMA Flood Insurance Rate Map (FIRM) -
A map created by the NFIP for floodplain management and insurance purposes. The FIRM shows the Town of Shady Shores’ base flood elevations, flood zones and floodplain boundaries.
(c)
Regulations Applicable to all Areas of the Town:
(1)
All consideration possible will be given to the preservation of the natural environment. Placement of dwellings and other improvements will be planned with a minimum number of trees to be removed.
(2)
Area Regulations:
(A)
Required front, side & rear yards:
(B)
Side Yard:
For the purpose of side yard regulations, one (1) main building and one (1) or more accessory buildings shall be considered as one (1) building when occupying one (1) lot; provided, however, there shall be a minimum of ten (10) feet between the sides of the buildings on the same lot.
(i)
On corner lots there shall be a side yard of not less than fifteen (15) feet, or the minimum side yard required by the district in which the lot is located, whichever is greater, on the street side of the lot. In the case of side street or reversed frontage (where corner lot faces an intersecting street) there shall be a side yard on the street side equal to the front yard on the lots in the rear.
(ii)
No accessory building on a corner lot shall be located all or in part in the front or side yard setback areas adjacent to a public street.
(C)
Setback and Side Yard Measurements:
All setback and side yard minimum requirements are measured from the property lines of the lot.
(D)
Height Limit:
No main or miscellaneous (chimneys monuments, cupolas, domes, spires, standpipes, false mansards, and other similar structures) structure shall exceed the height of thirty-five (35) feet measured from the foundation of the house on lots that are at least 1/4 acre and are within 100 yards of lakefront area.
(i)
Basis of Height Measurements:
The height of a building shall be measured from the finished floor.
(E)
Lot Area:
On any lot held under separate distinct ownership from adjoining lots at the time of passage of this ordinance, such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be of less area than required by the regulations relating to lot area; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than forty (40) percent of the total area of the lot.
(F)
Drainage:
Subdivisions and lots shall have a registered engineer’s storm drainage plan prepared to provide drainage to standards required by the Town Engineer, and with the approval of the Town Council. The subdivision or lot must then be developed in strict conformity with the drainage plan, and maintained in compliance with the drainage plan by the owner.
(G)
Manufactured Houses, Mobile Homes, Travel Trailers & Construction Trailers:
No manufactured house, mobile home, travel trailer, construction trailer, or similar structure shall be moved into the Town of Shady Shores and used as a dwelling or otherwise unless:
(H)
Parking:
There shall be provided, in connection with every use permitted, off-street parking spaces in accordance with the provisions of Article 3.3.
(I)
Sewage Requirements:
Unless served by the Lake Cities Municipal Utility Authority, each residence and each dwelling unit shall be provided with and connected to a properly constructed and adequate aerobic system or septic tank of not less than 500 gallon capacity, and with not less than 200 feet of lateral lines. And, such aerobic system shall be built and maintained in accordance with any and all rules and recommendations of the Department of Public Health of the State of Texas as authorized by the Texas Health and Safety Code, Chapter 366, and the same shall meet or exceed the minimum requirements of the Federal Housing Administration. A satisfactory percolation test is required prior to the issuance of a building permit. All must comply with Town of Shady Shores Ordinance 197-9-2007, as amended [article 13.02 of the Code of Ordinances].
(J)
Type of Materials:
(i)
Exterior wall construction for residential structures shall consist of a minimum of 75% standard masonry construction with no single wall face of any residence containing less than 50% of its exposed surface of standard masonry construction, excluding windows and doors, as defined in Article 1.1.
(ii)
Exterior wall construction for accessory buildings shall meet the requirements of Article 2.1(K) [Article 2.1(c)(2)(K).]
(iii)
Airplane hangars built on residential lots shall be built using colors to coordinate with the main structure and with the lower 1/3 of each wall, excluding doorways, to be consistent with the main structure masonry.
(iv)
Agricultural buildings must be constructed of new materials meeting the building code of the Town, or the specific provisions of this ordinance. They may not be architecturally compatible with the principal residence if the accessory building meets the requirements of a Type 1 Accessory Building.
(K)
Accessory Building Regulations:
All accessory buildings must be of one of the types listed below. A building permit is required for all accessory buildings prior to the commencement of construction. All accessory buildings shall meet the following requirements:
(i)
The building, (except a Carport on a lot of less than 1/2 acre) shall be located behind the residence, and shall not be located within the rear or the side yard setback areas of the rear yard. A structure with a roof, without walls, for the storage of, vehicles, trailers, boats and/or farm implements, may be classed as either a Type 1 or Type 2 Accessory building, but is only permitted to be located on properties with Agricultural Tax Exemptions or on properties of more than 5 acres or under 1/2 acre.
(ii)
Detached garages built to replace garages which are enclosed or converted to living space as required herein shall be constructed of brick, stone, cementitious materials or a combination thereof in proportions similar to those on the principal building and the detached garage shall be architecturally compatible with the principal building as determined by the city engineer or designee.
(iii)
All Accessory Buildings maximum height and square footage limits shall be as set forth below in (vii) [subsection (viii)].
(iv)
Masonry is as defined in Article 1.1 DEFINITIONS (62) Standard Masonry Construction of this Zoning Ordinance.
(v)
Type 1 Accessory Buildings.
This type or class of accessory building consists of accessory buildings that support the agricultural use of the property as defined or permitted in areas with Agricultural Tax Exemptions (or a lot size of not less than 5 acres), such as barns, loafing sheds, private stables or tool/equipment sheds. Electricity and water connections are permitted. Use as living quarters is prohibited. If toilet and/or shower facilities are provided, adequate wastewater disposal must be provided and approved by the Town building inspector.
(1)
Maximum Size:
The maximum number of square feet of usable enclosed area is regulated by lot size, below in (vii) [subsection (viii)].
(3)
Construction:
The building’s construction materials must be of material defined by the Town Building Codes. The Type 1 Accessory Building does not have to comply with "Standard Masonry Construction" and may be constructed of wood and/or factory painted or colored sheet metal, including standing metal seam products. Corrugated metal is not allowed.
(4)
Maximum Height:
The height of the building shall not exceed 24 feet in height, or the height of the main building, whichever is less.
(vi)
Type 2 Accessory Buildings.
This type or class of accessory building consists of accessory buildings that are not classed as Type 1 Accessory Buildings or Type 3 Accessory Buildings. Type 2 accessory buildings include but are not limited to a shop or recreation building, swimming pool cabana, boat storage, detached garage for boat, recreational vehicle and motor vehicle storage, home office, tool/equipment storage, greenhouse or stable. Type 2 Accessory buildings may not be used for living quarters, or commercial purposes and may not be used as rental property. No Type 2 Accessory building will be permitted unless there is a principal residential dwelling on the property. A carport for the storage of vehicles, trailers, boats and/or farm implements classed as a Type 2 Accessory building is only permitted to be located on properties that are less than 1/2 acre or on properties not less than 5 acres in size, or on lots that are between 1/2 acre and 5 acres with Agricultural exemptions.
(1)
Maximum Size:
The maximum number of square feet of usable enclosed area of the Accessory building is regulated by lot size, below in (vii) [subsection (viii)]. The covered floor space of all structures on the property, including all accessory buildings and the principal residence may not exceed the maximum lot coverage of the property. Porch areas may not exceed an additional 20% of the total usable enclosed area.
(2)
Maximum Height:
The height of the building shall not exceed the height regulated by lot size, below in Article (vii) [subsection (viii)], or the height of the main building, whichever is less.
(3)
Location:
Type 2 Accessory buildings must be located not less than the minimum front and rear setback and side yard requirements from the property lines, as required in the zoning district in which the accessory building is to be located.
(4)
Construction:
The building’s construction materials must be substantially similar in color, composition and design as that of the residential building, the lower 1/3 of each wall excluding doorways must be brick or masonry, and generally meet the requirements for the principal residential building. Corrugated sheet metal siding is expressly prohibited. Roofing material must also be substantially similar in color, composition and design as that of the residential building and comply with the Town’s building codes. For accessory buildings in excess of 300 square feet, including, but not limited to, detached garages each exterior wall shall be constructed with not less than the lower one third (1/3) of the wall as masonry construction[.]
(5)
Foundation:
A concrete foundation is required for all Type 2 Accessory buildings, with the exception of "Greenhouses."
(vii)
Type 3 Accessory Buildings.
Type 3 Accessory buildings include pre-fabricated buildings and buildings on skids used for the storage of tools, lawn care equipment, and similar storage related to the residential dwelling on the property.
(1)
Maximum Size:
300 square feet.
(2)
Location:
A Type 3 Accessory building must be located not less than the minimum front and rear setback and side yard requirements from the property lines, as required in the zoning district in which the accessory building is to be located.
(3)
Maximum Height:
12 feet in height.
(4)
Construction:
Accessory buildings of 300 square feet or less may be of non-masonry construction or may be of all metal with baked-on or pre-painted surface.
(viii)
LOT SIZE DETERMINES THE TYPE AND SIZE OF ACCESSORY BUILDINGS.
(1)
Less than 1/2 acre:
One Type 2 (not to exceed 700 square feet and 16 feet in height) or one Type 3 accessory building.
(2)
1/2 acre to less than 1 acre:
One Type 2 (not to exceed 1500 square feet and 16 feet in height) or one Type 3 accessory building.
(3)
1 to less than 2 acres:
One Type 1 or Type 2 (not to exceed 2000 square feet and 16 feet in height) and one Type 3 accessory building.
(4)
2 to less than 5 acres:
The total of all accessory structures should not to exceed 4500 square feet and 16 feet in height with a maximum of three (3) accessory structures of Type 1, 2 and/or 3.
(5)
5 acres or more:
Not more than four (4) type 1 or type 2 Accessory buildings. The total cumulative floor space of all accessory buildings, (Type 1, 2, and/or 3) may not exceed ten [percent] (10%) of the lot size. The height of Type 1 and Type 2 accessory buildings may not exceed 24 feet. Type 3 may not exceed 12 feet in height. The building materials do not have to match the principal residence.
(Ordinance 256-5-2013 adopted 5/16/13; Ordinance 279-07-2015, secs. II, IV, adopted 7/13/15; Ordinance 302-06-2017, sec. 2.3.II, adopted 7/10/17; Ordinance 344-04-2021 adopted 4/12/21)