Permitted uses allowed in all single-family residential zoning districts:

(A)

Single-family, built on lot, dwellings;

(B)

Home occupation;

(C)

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

(D)

Water supply reservoirs, pumping plants and towers;

(E)

Accessory structures and uses customarily incidental to the above uses and located on the same lot therewith, not involving any conduct of any business or commercial enterprise; and

(F)

Churches.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Carports are not permitted in any zoning district. A fully-enclosed garage is required. See § 156.063 of this chapter for garage requirements by zoning district.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019) Penalty, see § 156.999

(A)

No wall, fence, planter or hedge in excess of two feet high shall be erected or maintained nearer to the front lot line than the front building setback line, nor on corner lots nearer to the street side lot line than the building setback line parallel to the side street. No rear fence, wall or hedge and no side fence, wall or hedge located between the side building line and the interior lot line (or located on the interior lot line) shall be more than six feet high. For multifamily districts (MF-1 and MF-2) adjacent and contiguous to single-family districts (SF-1 through SF-6), perimeter fences along shared district boundaries may not exceed eight feet height from grade.

(B)

No object or thing which obstructs sight lines at elevations between two and six feet above the roadways and within the triangular area formed by intersecting street property lines and a line connecting them at points 25 feet from the intersection of the street lines (or extensions thereof) shall be placed, planted or permitted to remain on corner lots. Wood fences are prohibited on lot lines contiguous or abutting a golf course where the wood fence would be visible from the golf course. All fences contiguous or abutting a golf course shall not obstruct sight lines of the golf course and shall be constructed of panels of a metal product manufactured for the purpose of residential fencing and shall be a minimum of four feet and a maximum of six feet in height.

(C)

Fencing materials not allowed are chain link, hog wire, barbed wire, vinyl, rebar, rolled wire, cable, mesh netting, rolled picket or similar materials; except that, Small-Animal Fencing, as that term is defined herein, may be used if its principal fencing support structure consists of metal. Small-animal fencing means metal fencing with opening spacing between the wires no more than two inches by three inches that matches the color and architecture of the principal fencing to which it is attached. Approved small-animal fencing may not exceed 50 percent of the height of the approved or existing principal fencing.

(D)

Should a non-conforming fence or non-conforming portion of a fence be damaged by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with this chapter.

(E)

A fence permit will be issued by the City upon completion of a Type II Residential Permit Application and submittal of required fees in accordance with the Master Rate Schedule as adopted by resolution of the City of Woodcreek. A copy of an approved Type II Residential Fence Permit must be visibly displayed during active construction and until completion of any fence permitted by the City. This permit will expire 60 days from date of issuance.

(F)

Penalty. Any person violating any provision of this section shall be subject to the penalties and provisions set forth in § 10.99 of this Code of Ordinances.

(Ord. 00-65N, 6-1-2005; Ord. 16-218, 1-13-2016; Ord. 16-227, 9-22-2016; Ord. 19-252, 2-13-2019; Ord. 19-255, 3-13-2019)

Above-ground pools are not permitted in any zoning district.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

(A)

Each dwelling unit shall have a hard surface driveway, providing a minimum of three off-street parking areas, each measuring ten feet by 20 feet.

(B)

It shall be unlawful for anyone to store vehicles not in operating condition in open view for more than seven days. Such vehicles must be stored in completely enclosed buildings or removed to an authorized storage area. Since streets are narrow and provide limited parking area, residential off-street parking requirements are essential. Each dwelling unit shall have a hard surface driveway, providing a minimum of three off-street parking areas, each area measuring ten feet by 20 feet.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019; Ord. 19-257, 3-13-2019)

Cross reference— Penalty, see § 156.999

(A)

Garage and yard sales shall be limited to the personal belongings of the occupants of the residence, specifically those of the owners or renters living at the residence, along with immediate family and two additional residents of the City.

(B)

Garage sales may only be conducted during the hours of sunrise to sunset.

(C)

Such sales shall be limited to City residents and to duration no longer than three days. There shall be no more than two sales at a location by the same owner/resident in a single calendar year. Participation in the community garage sale event does not count towards this total.

(D)

Auctions require a special event permit and must be held by a licensed auctioneer.

(E)

Sign regulation (See section 152.43(P) for garage sale signs and section 152.26(C) for right-of-way signs).

(1)

Garage sale signs shall not be posted on any property within the City limits or the ETJ, other than the posting locations designated by the City and the property that is the site of the garage sale. An exception may be made if the garage sale host receives explicit permission to post additional signage on neighbor(s) lot(s). The City should be notified of any additional signs placed on any private lots other than the location of the sale. All signs must be removed in a timely manner or a fine may be imposed (See section 152.26 (C)(8)).

(2)

A permit is required to post in any or all of the locations designated by the City. The application for the permit may be found on the City's website.

(3)

A garage sale sign may not exceed four square feet and may be erected no more than two days prior and one day after the garage sale.

(4)

Garage sale signs on posted locations designated by the City may cost no more than $5.00 per sign as part of the permit process. This fee schedule is only applicable to residents and only for garage sale signs. All non-residents and all other signs will follow the regular right-of-way sign permit fee as outlined in section 152.26(C) of the Code of Ordinances.

(5)

Penalties for violation of right-of-way signs (See section 152.99). It is a violation of section 152.26 to place or otherwise locate a sign upon the City's rights-of-way without express written authorization as set forth herein. Any person who violates section 152.26 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1.00 and not to exceed $200.00. Each incident of violation of section 152.26 of this chapter shall constitute a separate offense.

(F)

Rain check policy. If a resident must cancel the sale due to inclement weather, they must notify the City on the next business day in order to reschedule the sale. If they fail to notify the City on the next business day, the sale will be charged to the annual limit of garage sales allowed for that resident at that location.

(G)

It shall be the duty of the persons conducting the garage sale to remove all accessories to the sale after its completion and restore the premises to the state and condition that existed prior to the sale.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019; Ord. No. 22-320, 11-9-2022)

Cross reference— Penalty, see § 156.999

Home occupation must comply with all the following criteria.

(A)

The occupation shall produce no alteration or change in the character or exterior appearance of the principle building from that of a dwelling unit for human habitation.

(B)

Such use shall be incidental and secondary to the use of the premises for residential purposes and shall not utilize an area exceeding 20 percent of the gross floor area of the dwelling unit.

(C)

The occupation use shall be carried on solely by a member(s) of the family residing on the premises.

(D)

The occupation shall not create additional vehicular traffic.

(E)

There shall be no storage of merchandise on the property (on the outside of buildings) connected with the business, except one vehicle used in the business. Merchandise may be stored within the vehicle. Such vehicle shall be no larger than a passenger van or pickup truck. If the vehicle is used for storage purposes, such storage shall be contained within the vehicle and the merchandise shall not be visible.

(F)

The occupation shall be conducted entirely within a dwelling unit which is the bona fide residence of the practitioner.

(G)

No equipment or materials associated with the occupation shall be displayed or stored outside of buildings.

(H)

The occupation shall not produce wastewater runoff outside the dwelling unit or on property surrounding the dwelling unit.

(I)

The occupation shall not interfere with permitted uses in the neighborhood, nor make the adjoining premises unsuitable for such permitted uses.

(J)

The occupation shall not consist of the following uses: industrial, utility, manufacturing, repairing, maintaining, fabrication, laboratory or other similar uses.

(K)

No occupational use shall be allowed which creates any ultra-hazardous risk or condition on the premises or to surrounding neighbors or their property, or any other health or fire hazard, whether regulated by statute or rule promulgated by any administrative body of the state, by the federal government, by the City or which would constitute a common-law nuisance.

(L)

The occupation shall not produce, nor result in, any external noise or vibration.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

Cross reference— Penalty, see § 156.999

(A)

General.

(1)

All floor space is calculated exclusive of garage, porches, patios, driveways, terraces and other similar additions. Maximum building height for all structures is 30 feet.

(2)

Bi-level buildings shall have a minimum living area as calculated at the midpoint between the requirements of one and two stories.

(B)

Districts.

(1)

SF-1, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area:

1.

One story: 1,500 square feet; and

2.

Second story: 500 square feet,

(b)

Minimum setbacks:

1.

Front and back: 25 feet

2.

Interior sides: seven and one-half feet; and

3.

Side street: ten feet.

(c)

Two-car garage, not less than 400 square feet (20x20).

(2)

SF-2, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area:

1.

One story: 1,000 square feet:

2.

Second story: 500 square feet

(b)

Minimum setbacks:

1.

Front: 25 feet;

2.

Interior sides: seven and one-half feet; and

3.

Side street: ten feet.

(c)

Two-car garage, not less than 400 square feet (20x20)

(3)

SF-3, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area:

1.

One story: 1,000; and

2.

Second story: 200 square feet.

(b)

Minimum setbacks:

1.

Front: ten feet;

2.

Rear: 15 feet;

3.

Interior lot lines: zero;

4.

Side street: five feet.

(c)

Two-car garage, not less than 400 square feet (20x20)

(4)

SF-4, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area: 900;

(b)

Minimum setbacks: zero lot lines;

(c)

No garage required; and

(d)

Short-term rentals allowed.

(5)

SF-5, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area: 1,000;

(b)

Minimum setbacks:

1.

Front: 20 feet;

2.

Rear: 15 feet;

3.

Side: seven and one-half; and

4.

Side street: ten feet.

(c)

One-car garage not less than 200 square feet (10x20).

(6)

SF-6, Single-Family Residence. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum square feet living area: 1,000;

(b)

Minimum setbacks:

1.

Front: 25 feet;

2.

Rear: 25 feet;

3.

Side: five feet; and

4.

Side street: ten feet.

(c)

Two-car garage not less than 400 square feet (20x20).

(7)

TH/C, Townhouse and Condominium Residence. Multiple-dwelling units with one family per dwelling unit. Zoning can include single-family dwelling, duplex, townhouses, condominiums:

(a)

Minimum square feet living area:

1.

One story: 1,000 feet; and

2.

Two story: 1,200 feet.

(b)

Minimum setbacks:

1.

Front and back: 25 feet;

2.

Interior lot lines: seven and one-half feet; and

3.

Side street: 15 feet.

(c)

Two-car garage not less than 400 square feet (20x20).

(8)

DU-1, Two-Family Duplex. Two single-family dwelling units limited to no more than one building per lot occupied by no more than two families. Zoning can include single-family dwelling or two-family duplex:

(a)

Minimum square feet living area per individual unit:

1.

One story: 1,000 feet; and

2.

Two story: 1,200 feet.

(b)

Minimum setbacks:

1.

Front and back: 25 feet;

2.

Interior: seven and one-half feet; and

3.

Side street: 15 feet.

(c)

One car garage not less than 200 square feet (10x20) per individual unit

(9)

4PLX, Four-Plex. Four single-family dwelling units limited to no more than one building per lot occupied by no more than four families. Zoning can include single-family dwelling, two-family dwelling or four-family four-plex:

(a)

Minimum square feet living area per individual unit: 800;

(b)

Minimum setbacks:

1.

Front and back: 25 feet;

2.

Interior lot lines: seven and one-half feet; and

3.

Side street: 15 feet.

(c)

One-car garage per individual unit not less than 200 square feet (10x20).

(10)

Multi-Family Residences. (See § 156.064 of this chapter for additional information on multi-family residences.)

(11)

MF-1, Multi-Family Residence. Maximum units per acre: 14.

(13)

MF-2, Multi-Family Residence. Maximum units per acre: 16.

(14)

RR, Rural Residence District. One-family dwelling with no more than one residence per lot occupied by no more than one family:

(a)

Minimum lot: one acre;

(b)

Minimum square feet living area:

1.

One story: 1,500; and

2.

Two story: 2,000.

(c)

Minimum setbacks:

1.

Front and back: 25 feet;

2.

Interior sides: seven and one-half; and

3.

Side street: 15 feet.

(d)

Two-car garage not less than 400 square feet (20x20).

(15)

PUD, Planned Unit Development. Planned unit development with planned diverse land uses, such as housing, recreation and shopping in one contained development, and allowing for cluster development and alternative design standards. Minimum site areas: inside City, ten acres recommended.

(16)

MH-1, Manufactured Housing Subdivision.

(a)

Minimum lot: 7,200 feet;

(b)

Minimum square feet living area: 1000;

(c)

Minimum setbacks:

1.

Front and back: 25 feet;

2.

Interior lot lines: seven and one-half feet; and

3.

Side street: 15 feet.

(d)

Property and areas of the City zoned MH-1 may be planned, used, approved, platted and occupied as a manufactured housing subdivision with lots sold and conveyed to individual lot owners. Land and areas of the City zoned MH-1 and having an approved subdivision plan may be used for manufactured housing.

(17)

Personal care facility. See § 156.065 of this chapter.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(Ord. 00-65N, 6-1-2005; Ord. 06-103, 10-20-2006; Ord. 06-103A, 1-10-2007; Ord. 10-135, 1-13-2010; Ord. 10-139, 2-10-2010; Ord. 14-194, 6-11-2014; Ord. 19-255, 3-13-2019)

(A)

Purpose.

(1)

To provide a buffer use between the high traffic of RR12, which makes development of land abutting RR12 unattractive for single-family housing, and the single-family development of interior land; and

(2)

To permit higher density development of property not suitable for single-family development, but to protect adjacent single-family development from any negative impact of the higher density use.

(B)

Permitted uses.

(1)

Single-family homes, duplex units, four-plex units or apartment complexes meeting the minimum requirements of this zone. All uses within this zone shall require approval of a site plan by the Planning and Zoning Commission and City Council prior to the issuance of a building permit; and

(2)

Use of the land for purposes secondary to the primary residential use, such as swimming pools, basketball courts or similar uses, shall require that adjacent property be sheltered from noise and light resulting from said uses. Review of said shelter shall be a part of the site review required before a building permit is granted.

(C)

Requirements. The intent of the following requirements is to require yard setbacks which are directly related to the height of the buildings developed on the property and thereby to mitigate the effect of higher buildings upon adjacent single-family properties.

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

General. As the City's zoning regulations must comply with the Federal Fair Housing Act, being 42 U.S.C. §§ 3601 et seq., and state laws prohibiting discrimination of the handicapped and elderly, this section clarifies what the City, by law, must allow and addresses the federal and state restrictions in place.

(B)

Definition.Personal Care Facility means a facility that provides supervised living arrangements for persons with physical or mental disability, which by reason of federal or state law, is not subject to limitations set forth in deed restrictions or single-family zoning districts.

(1)

This definition includes a community-based residential home operated by:

(a)

The Texas Health and Human Services Commission;

(b)

A community center operated under Tex. Health and Safety Code Ch. 534, which provides services to disabled persons;

(c)

A non-profit corporation; or

(d)

Any entity certified by the; Texas Health and Human Services Commission as a provider under the intermediate care facilities for the mentally retarded program.

(2)

This definition includes homes for the handicapped as defined in 42 U.S.C. § 3602(h).

(C)

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

(1)

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

(a)

The structure shall comply with provisions of the Fire Code, Electrical Code and Building Code that are applicable to nursing homes.

(b)

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

(c)

There shall be not less than 50 square feet of living space within a sleeping room for each occupant assigned to such room.

(d)

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

(e)

The structure and operations shall comply with the standards established by the Health and Human Services Commission as licensing standards for personal care facilities for a Type B facility.

(2)

The home must meet all applicable state licensing requirements;

(3)

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

(4)

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

(Ord. 00-65N, 6-1-2005; Ord. 19-255, 3-13-2019)

(A)

Notwithstanding the foregoing, or any other provisions of this section of Woodcreek's Code of Ordinances, building across lot lines on multiple lots may be allowed if, and only if, there is unified ownership of adjacent lots, and if there is at least one primary structure, such as a single-family residential home, presently existing on one of the lots with unified ownership.

(B)

Any new construction or repairs of existing construction on adjacent lots viewed as having unified ownership under this section are subject to the following restrictions:

(1)

Fences, water permeable walkways, and similar related landscaping may be built across lot lines and cross over into an adjacent lot as well as any lot adjacent thereto. Provided however, the placement limitations for fencing set forth in section 156.057 shall apply and with the understanding that adjacent lots with unified ownership shall be viewed as "one-lot" for the purposes of determining fence location under this section. Walkways constructed may not utilize concrete pavement and shall feature water permeable options.

(2)

Accessory and other non-permanent structures may be built on lots adjacent to a lot on which a primary structure is located as well as any adjacent lot thereto, even if those lots do not have a primary structure, so long as the lots are connected via unified ownership as outlined in this section. Building of such structures is limited by the following restrictions:

(a)

Accessory structures, and other non-permanent structures, may not involve the pouring or placement of a concrete slab; they shall but built on the ground or utilizing a pier-and-beam design. This includes walkways constructed to and around accessory and other non-permanent structures. Walkways must be water permeable and may not utilize concrete in their execution or design.

(b)

These accessory, non-permanent, structures may not be fit for or intended to be used for human occupation. Examples of permitted structures include but are not limited to green houses, sheds, playground equipment, an enclosed garage space, etc. Prohibited structures would include a guest house, pool house, office, or a garage space with climate regulation and a bathroom.

(c)

The maximum size for any accessory structure built on an adjacent lot with no primary structure shall be 400 square feet.

(3)

Building setback requirements will apply to all lot lines even the interior lines of adjacent lots when viewed as one collective lot under unified ownership for the purposes of building accessory structures. Only landscaping, walkways, and fencing may cross building setbacks or lot lines. Accessory and other non-permanent structures may not crossover or encroach upon building setback and other interior lot lines as outlined in section 156.062

(4)

Standard impervious cover limitations shall apply to the lot on which the primary structure exists. By fencing in or unifying lots in this manner, it does not increase the total square footage of a single lot and so therefore does not increase impervious coverage limitations or calculations for any of the lots viewed under unified ownership as outlined in this section.

(5)

Lots on which there is not a primary structure will only be entitled to use one-half of the allowable impervious cover; this is 15 percent of the total lot square footage as outlined in section 50.37. This is applicable to all constructions such as accessory structures, placement of large rock landscaping, and decking.

(C)

The foregoing does not provide an absolute right to make improvements to adjacent lots with unified ownership. Owners who wish to make improvements under this section will be required to follow the permitting and approval process for the City of Woodcreek.

(D)

The process for building across lot lines as outlined in this section and applying to adjacent lots viewed as under unified ownership is not equivalent to, nor does it replace the process of replating. Owners that choose to use this section to build across lot lines or place accessory, non-permanent, structures on adjacent lots without a primary structure are subject to disclosing this information to future owners in the real estate transaction process. Lots unified for the purposes of this chapter shall not be considered as replated to a single lot under any legal description as recognized by the City without going through a formal replating process. The City shall not be bound or held responsible if a misrepresentation of lots that have been unified in the manner outlined in this section occurs as replated or as a single lot under any legal description as recognized by government bodies that have the authority to levy taxes or place liens on real property.

(E)

Owners who chose to use this section to build across lot lines for adjacent lots under unified ownership retain the right to sell an individual lot and may proceed with the understanding that pending a sell of real property they may be required to remove all or portions of any accessory structures, fencing, walkways, and/or landscaping to sell any single lot viewed as under unified ownership for the purposes of this section of the City of Woodcreek Code of Ordinances.

(Ord. No. 22-312, § 2, 8-10-2022)