§ 40-6. Single-Family Residential District, R-1
(a) Permitted uses. In Single-Family Residential District, R-1, no building or land shall be used, and no building shall hereafter be erected or structurally altered, unless otherwise provided for in this chapter, except for one or more of the following uses:
(1) Single-family dwellings.
(2) Churches and other places of worship.
(3) Colleges, universities, vocational schools and schools of higher learning.
(4) County clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.
(5) Parks, playgrounds, community buildings and other public recreational facilities owned and/or operated by the municipality or other governmental agency.
(6) Public buildings including libraries, museums, police and fire.
(7) Customary home occupations, such as millinery, dressmaker, musician, artist or beautician.
(8) Accessory building requirements.
a. Building permit. A city building permit must be obtained prior to all construction, alteration or demolition of garages, accessory buildings, carports, or recreational vehicle (RV) facilities (collectively "permitted facilities").
b. Repairs. Minor repairs may be made with the approval of the building official without a permit providing they do not violate any provision of this subsection. If the permitted facility is located off-site from the principal residence then the application shall provide the legal description of both properties.
c. Approval. The owner, contractor, architect or engineer authorized to represent the owner shall submit an application on a form prescribed by the city for approval, plans and specifications, and the proposed construction to be done, and pay any application fee, if adopted by the city council, to the building official for review. Permits will be issued at the city office by the building official if the application meets all city requirements.
d. Code. All construction methods, and building materials used must comply with minimum requirements set forth in Ordinance No. 467, and subsequent additions, or subsequent code or building regulations adopted by the city.
e. If the permitted facility, is located off-site from the principal residence, then the building permit shall be valid so long as the properties are in conformance with Ordinance No. 467, and the ownership of the two properties is the same. If the ownership of the two properties changes and the same owner does not own the property on which the principal building and the permitted facility are located, then the building permit automatically terminates and shall require a new application for use of the garage or accessory building.
f. Garages and accessory buildings. All garages and accessory buildings are only allowed within 250 feet of the lot on which the primary residence is located and shall be painted colors similar to those of the primary residence. The total area of an approved garage shall not exceed 900 square feet, and a single accessory building shall not exceed 500 square feet.
g. Carports and recreational vehicle (RV) covers. A property owner may only construct a carport or RV cover on a lot adjacent or connected to the primary residence and that is of similar architectural design and colors as the primary residence. No temporary or portable carports are permitted.
h. Any residential accessory building closer than five feet to a main building shall be considered as a part of the main building, shall be located within the buildable area required for a main building, and shall be subject to all applicable restrictions for the main building.
i. Residential accessory buildings shall be located on the rear half of the lot and shall be located a minimum of five feet from the main building, and shall comply with the side and side street yard requirements. No rear yard setback shall be required.
j. A residential private garage or other accessory building may be connected to the building by a breezeway or connected by a fence or wall up to six feet in height, provided that the breezeway shall not exceed an overall width of ten, feet and shall be a minimum of 75 percent open to the outside on both sides.
(9) Hangers for planes. Personal hangers may be constructed on any lot bordering the airstrip, with or without a dwelling on the lot.
(10) Bed and breakfast. A bed and breakfast will be permitted according to rules in section 40-9
(11) Home-based business. An office in a residential dwelling that occupies more than 25 percent but not more than 35 percent of the total floor area of that dwelling. It is operated by one or more of the residents of that particular dwelling, employing no more than two nonresidents.
a. The home-based business is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner or within an accessory building located on the same property or the dwelling (not to include a driveway, yard or outside area).
b. The residential character of the lot and dwelling shall be maintained. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No outdoor storage of material related to the home-based business shall be permitted.
c. No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.
d. The business produces no external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit.
e. Outside signs shall be regulated by the city sign ordinance.
f. Child day care as a home-based business shall only be permitted on presentation to the building official of valid permits and licenses as required by the state, and shall be limited to no more than six children other than children living with and related to the applicant, and shall be limited to 12 consecutive hours per 24-hour period.
g. Parking and vehicular traffic shall remain reasonable within the neighborhood of the home-based business. Abuse of this privilege may be appealed through the marshal's department for adjudication. (See section 40-16.)
The following businesses or occupations shall not be allowed in residential neighborhoods as home-based businesses, including but not limited to: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, dancing schools, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. The decision of this city to recognize the importance and validity of home-based businesses in no way should be construed to open the way for a variety of borderline businesses to function in residential areas. The city building official should be contacted with any questions about a business, and if he cannot resolve it, then that business must and shall be petitioned to the city council via the planning and zoning commission before it can go into business.
(b) Height regulations. No building shall exceed 40 feet in height. Buildings that are located in the floodplain and require a higher foundation to exceed the floodplain, the measurement for height may begin at the top of the foundation.
(c) Yard requirements.
(1) Front yard. There shall be a front yard having a depth of not less than 20 feet.
(2) Side yard. All lots shall have a side yard of not less than five feet on each side, provided that on a corner lot the side yard on the street side of the lot shall be not less than ten feet and shall extend from front to rear of the lot
(3) Rear yard. All lots shall have a rear yard of not less than five feet.
(4) Shoreline. Where a lot abuts Lake Lyndon B. Johnson or other waterway designated by the city, the following setback and other requirements in relation to the shoreline shall be used. The shoreline shall usually be the water's edge, under normal conditions, existing as of the date of the requested building permit.
a. No main or accessory building, except as otherwise specified, shall be located closer than 20 feet to the shoreline. In no instance shall it extend beyond the original platted lot line.
b. A boat dock or a boat storage building not to exceed 16 feet in height (as measured from an 825-foot lake level) and no more than 200 square feet of storage area, without living quarters, is not required to have any setback from the shoreline. No boat house or a boat storage building shall be closer than five feet to any side property line.
(d) Lot requirements. No residence shall be constructed on any lot containing less than 5,000 square feet LCRA requirements for septic system may call for greater lot size. A septic system permit shall be obtained from the LCRA before construction of a building is started.
(e) Off-street parking. Permitted off-street parking spaces shall be provided in accordance with section 40-16
(f) Minimum dwelling requirements.
(1) Industrialized housing must:
a. Have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located.
b. Have exterior siding, roofing, roof pitch, foundation fascia and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located.
c. Comply with city aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage and other site requirements applicable to single-family dwellings.
d. Be securely fixed to a permanent foundation and installed in accordance to the manufacturers specifications. If the typical manufacturers foundation is not approved by local authority, a licensed state professional engineer shall design a foundation for this unique home and site.
(2) No residential dwelling shall be constructed or moved in which contains fewer than 1,200 square feet within the living area; the dwelling shall have a minimum of 16 inches of roof overhang with a vented soffit. The city's building official may waive the venting requirement if, in the building official's judgment, the additional venting is not required for public safety or health reasons.
(g) Miscellaneous requirements.
(1) Porches and patios shall not be placed in, or allowed to project into a required front or side yard. Columns, posts and supporting structures shall not project into a front or side yard more than one foot. A roof overhang may not project into a front or side yard more than three feet.
(2) Privacy fences and/or obstructing vegetation more than four feet high shall not be placed:
a. Along a front property line;
b. Within 20 feet of the corner, on corner lots;
c. Parallel to a private driveway on a side lot line that hinders drivers visibility.
(3) See through chainlink fences shall not be more than four feet high along front lot lines. Deer proof fences may be erected not higher than eight feet on each side and back lot lines, and five feet on front lot lines.
(4) The primary dwelling at each address shall display that address so as to be readable from the street.
(5) No lighting shall be done in such a manner as to provide a direct glare into an adjoining residence or into a public street that creates a driving hazard. Lighting shall be hooded or shielded. This excludes streetlights.
(6) Each location having a driveway or is used as ingress/egress onto the property shall have a driveway approach with drainage culvert, if required. The driveway drainage culvert shall be located 3½ feet to centerline of the culvert beyond the owner's property line. The maximum length of a single culvert used for any drainage purpose in a natural drainage waterway the street side easements shall be 30 feet. The minimum distance between two culverts shall be 20 feet.
(7) No residential driveways shall be located on thoroughfares.
(8) Driveways must be located on the least traveled residential street. Driveway and driveway approach shall be of concrete, asphalt material, brick, pervious block, or gravel (gravel must have concrete or brick ribbons). All concrete driveways or the concrete ribbons for asphalt or gravel driveway shall be reinforced with a minimum of three-eighths-inch rebar on 16-inch centers. The driveway approach shall be graded to match the level of the roadway and shall have a separator at the front property line.
(9) Drainage. Any and all lots having natural drainage on or across them shall be evaluated by the flood plain administrator. If engineering services are necessary, the lot owner shall pay all engineering fees. Some lots could be deemed unbuildable because of the inability to divert drainage. Lots shall not have culverts longer than 30 feet to pass water across. A property owner who plans to build a structure over a culvert or natural drainage shall have the design approved by a licensed engineer and the flood plain administrator.
(Ord. No. 409, § VII, 8-24-2004; Ord. No. 409A, § 2, 12-7-2006; Ord. No. 409-C, §§ II.C—II.E, 8-13-2008)