§ 40-8. Multifamily Residential District, R-2
(a) Permitted uses. In a Multifamily Residential District, R-2, no building or land shall be used, and no building shall 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) Two-family dwellings.
(3) Multiple family dwellings, including condominiums.
(4) Boardinghouse or lodginghouse.
(5) Churches or other places of worship.
(6) Day nurseries.
(7) Hospitals, clinics and sanitariums, except a criminal, mental or animal hospital.
(8) Marinas.
(9) Nursing and convalescent homes.
(10) Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the city or other governmental agency.
(11) Public buildings, including libraries, museums, police and fire stations; elementary schools and secondary schools.
(12) Schools, private, with a curriculum equivalent to that of a public elementary or secondary school.
(13) Real estate sales office during the development of residential subdivisions, but not to exceed two years from the date the final plat is filed in the county plat records.
(14) Temporary buildings for uses incidental to construction work on the premises, which shall be removed upon the completion or abandonment of construction work.
(15) Water supply reservoirs and pumping plants, and public utilities when screened from public streets.
(16) An approved private detached garage, or an approved single accessory building, not to exceed 700 square feet, may be constructed or moved onto:
a. The lot where the existing primary residence is located.
b. Any lot on the same subdivision and section which is owned by the same person who owns the lot where the primary dwelling is located.
The use described in subsection (a)(16)a or b of this section is hereby approved without the necessity of obtaining a replat. If the property owner wishes to construct a garage or an accessory building in excess of 700 square feet, the property owner may apply for a specific use permit Such permit may be reviewed by the planning and zoning commission, and approved or denied by the city council, if it determines that the structure as designed is appropriate for the area, taking into account, the materials used, the affect on adjacent property, the site plan, the ability to convert the property into residential use, the ability to use the property for commercial purposes, and other relevant factors as determined by the city council.
(17) 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 (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 business 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 message 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.
(18) Bed and breakfast. Refer to section 40-9
(b) Height regulations. No building shall exceed 30 feet in height.
(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 on each side 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 not be 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 the main building 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 dock or boat house shall be closer than five feet to any side property line.
c. 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.
(d) Lot requirements. No residence shall be constructed on any lot containing less than 5,000 square feet. The Lower Colorado River Authority may call for septic systems requiring a greater lot size. A septic system permit shall be obtained from the LCRA before construction of a building is started.
(e) Off-street parking.
(1) Permitted residential uses. Off-street parking spaces shall be provided in accordance with the requirements set forth in section 40-16
(2) Permitted nonresidential uses. Off-street parking spaces shall be provided in accordance with the requirements set forth in 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) All buildings must have an address and building number if applicable.
(3) 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 private driveway on side lot line that hinders drivers visibility.
(4) 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.
(5) The primary dwelling at each address shall display that address so as to be readable from the street.
(6) 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.
(7) The driveway drainage culvert shall be located 3½ feet to the centerline of the culvert beyond the owners property line. The maximum length of a single culvert used for any drainage purpose in a natural drainage waterway on private property or in the utility easements shall be 30 feet. The maximum length of all culverts used for any drainage on two building lots 10,000 square feet shall be 40 feet. The minimum space between two culverts shall be 20 feet.
(8) Driveway material may be of concrete, asphalt or gravel. All concrete driveways shall be reinforced with three-eighths-inch rebar on 16-inch centers. Concrete driveways shall not extend beyond the property line, unless the roadway is concrete. The extension of the driveway to the roadway shall be of material to match existing roadway and shall be graded to match the level of the roadway at that point
(Ord. No. 409, § VIIIA, 8-24-2004; Ord. No. 409-A, § 3, 12-7-2006)