Tuscany Hills Building Guidelines (Harlingen, Texas)

Overview

The following overview explains the main construction and property requirements that apply to homes built in Tuscany Hills. These guidelines cover what may be built, the minimum size of the home, where it may be placed on the lot, approved exterior materials, roof standards, landscaping requirements, fencing rules, and additional property-use restrictions.

Practical checklist before building

For practical purposes, a builder or lot owner should confirm the following before starting work:

1. The proposed home is a detached single-family residence and does not exceed two stories. 

2. The home meets the minimum size requirement of 1,200 square feet of living area. 

3. The house location complies with the 25-foot front setback, 5-foot side setbacks, and 10-foot rear setback. 

4. Plans, site plan, specs, and exterior material sheet are submitted for Committee approval before construction begins. 

5. Exterior walls use only approved brick veneer or smooth stucco.

6. Stucco, if used, matches one of the approved colors in Section 7. 

7. Soffit, fascia, and molding colors are selected from Section 8. 

8. Roofing meets the approved material, series, color, and pitch requirements. 

9. Landscaping, sidewalk, fencing, and front-yard improvements comply with the listed standards. 

1. Land use and type of home allowed

Lots in the subdivision are limited to single-family residential use only. Each lot may contain only one detached single-family dwelling, and the home may be no more than two stories in height. Homes may include a one-car garage, two-car garage, or no garage at all. No business of any kind may operate inside the subdivision. 

2. Architectural approval is required before building

Before any building, structure, or improvement is erected, added, or altered, the owner must submit the construction plans, including the site plan, specifications, and exterior material sheet, to the Architectural Control Committee for review. The Committee reviews the proposed work for workmanship, materials, exterior design harmony, location on the lot, topography, and finished grade elevation. No building permit should be issued and construction should not begin until written approval is granted by the Committee. Approval is to be provided in writing within 15 working days after submission. In the event of not recieving an approval or non-approval within 15 working days, anyone building should follow up directly with the Committee and obtain written confirmation before proceeding. 

3. Minimum house size and on-site construction requirement

There is a minimum living area of 1,200 square feet for a one-story home. For a two-story home, the minimum requirement is 1,200 square feet on the ground floor. In both cases, this square footage is measured exclusive of one-story open porches and garages. It is also required that all dwellings be built on site. Homes built elsewhere and then moved onto a lot in the subdivision are not allowed. 

4. Building setbacks and location on the lot

No building may be located closer than 25 feet from the front property line. The rear setback must be at least 10 feet, and the side setbacks must be at least 5 feet from the side property lines. These setback requirements also affect other improvements, such as fences, because the fence rules specifically state that fences may not extend beyond the front wall of the home or encroach into the 25-foot front setback area. 

5. General construction restrictions

The restrictions prohibit several types of construction features and materials. Specifically, improvements may not include:

• carports

• exposed 4x4 wood columns

• wood, vinyl, or other siding on the front elevation or side elevations of the house

• wire fences

• wood-frame homes without brick or stucco

• mobile homes

• any home structure not allowed by the Committee 

The restrictions do allow siding on the back of the house, meaning the side facing the backyard. They also require all improvements to be built on a monolithic 3000 psi concrete slab foundation with beams and steel as required by City code. 

6. Exterior wall materials

Exterior walls must use only brick veneer or stucco finish. If brick is used, it must be selected from the approved brick list in Section 7. If stucco is used, the color must be selected from the approved stucco color list in Section 8. In addition, the restrictions specify that all stucco must be smooth. Rough-faced stucco is not accepted.

7. Approved brick selections for Tuscany Hills

From Tecnobrick

1010, 1091, 1001, 1013, 1061, 274A, 273A, 273DA, 271A, 277D, 281A, 422A, 435, 2617A, 171, 531, 131, 561, 501, 110, 541, 101, 452, 511, 212A, 413TBP, 467TPB, 415A, 4913A-AB, 415AL, 531R, 517, 521.

In Clay/Barro

Red Hill, Sonora, Urbanks, Providence, Dover, Victoria, Almedra, Dessert Time, Rancho Grande White Wash Buff Brick.

8. Approved stucco colors for exterior walls

This link below provides the list of acceptable stucco colors for exterior walls. They are based on the Pittsburgh Paints color template, and can be matched from Sherwin Williams or other manufacturers as long as the match is exact. It also includes additional premixed elastomeric finish coating colors from Dryvit Systems. 

See stucco color list here.

9. Approved soffit, fascia, and exterior molding colors

The link below provides the approved colors for soffits, fascia, and exterior molding. It uses the Pittsburgh Paint color template, accepts exact matches from other manufacturers, and includes additional approved Dryvit coating colors.

See molding color list here.

10. Roof requirements

Roofs must be finished with 260-pound-per-square composition shingles or heavier. The restrictions state that approved shingle colors are limited to the following Owens Corning options: Onix Black, Teak Dessert Tan, Driftwood, Brownwood, Quarry Gray, Estate Gray, Autumn Brown, and Weathered Wood. Roof tile is also allowed, but the color must be approved by the Committee. The required roof pitch is not less than 7 in 12. Flat roofs are not automatically prohibited, but they must be reviewed by the Committee before approval. The restrictions also specify that only Oakridge Pro 30 AR shingles or the Supreme Series from Owens Corning are accepted. 

11. Landscaping requirements

The landscaping section is detailed. It requires that all new homes include landscaping immediately after construction is completed. Grass must be planted on the front, back, and sides of the house, and the rules state that no area without grass ground cover is allowed. Shrubs, plants, or trees may be planted in an attractive manner along the sidewalk to the front door, in clusters, or in other front-yard locations that create an attractive landscape. 

The front yard must be covered with 100% grass, with at least 80% or better Floratam grass. The rules also state that grass squares must be planted next to each other with no gaps, and no weeds or wild bushes are allowed to grow in the front yard at any time. Property owners are responsible for watering, maintaining, and mowing the front yard regularly. The restrictions say that failure to mow regularly may result in a $150 fine per occurrence. They also state that a house without landscaping will not pass final inspection from the City of Brownsville Building Department. 

12. Front-yard restrictions

The front yard must be kept clean and well maintained. The restrictions prohibit placing the following in the front yard: fountains, statues, monuments, barbecue pits, portable swimming pools, swings, children’s toys, decorations, vehicles, devices, furniture, trash, material possessions, or structures. The front yard and driveway may not be used for parties or entertainment; the restrictions state that only the backyard may be used for that purpose. 

The rules also prohibit planting fruit-bearing or vegetable-bearing trees in the front yard. Only trees that do not bear fruit or vegetables are allowed in front. The stated reason is to avoid fallen produce attracting vermin. For holiday décor, Christmas lights and decorations may not be installed before November 1 and must be removed no later than January 31. 

13. Sidewalk requirements

Each property owner must install, at their expense, a sidewalk along the front of the property. The sidewalk must be located 3 feet away from the street curb. For corner lots, the sidewalk must extend all the way to the end of the property line. The required sidewalk dimensions are 5 feet wide and 4 inches thick. It must be constructed with 3000 psi concrete, reinforced with mesh gauge 10 or higher, and must include expansion joints every 15 feet or less. 

14. Fence requirements

Fences may be built only using one or a combination of the following materials:

• wood pickets made of treated wood or cedar, nailed to 4x4 columns

• block fences plastered with smooth stucco finish using one of the acceptable exterior wall colors

• brick fences using only brick from the approved brick list

Wire fences are not allowed. In addition, fences may not be installed beyond the front wall of the house and may not encroach into the 25-foot front setback. 

15. Vehicles and parking restrictions

Commercial vehicles and buses may not be parked on the street, driveway, or anywhere on a property in the subdivision, except for delivery trucks that remain only briefly and then leave. The restrictions define commercial vehicles broadly to include vehicles used for towing or hauling vehicles, trailers, container boxes, or other structures, as well as commercial vans, commercial trucks, tractors, dump trucks, 18-wheelers, lowboys, and similar vehicles that may cause a nuisance. The restrictions state that such vehicles may be towed away at the owner’s expense and without notice. Abandoned vehicles are also subject to towing at the owner’s expense. 

16. Nuisance restrictions

No noxious or offensive activity may be carried on in the subdivision, and nothing may be done that becomes an annoyance or nuisance to the neighborhood. The restrictions specifically prohibit motorcycles, four-wheelers, dirt bikes, or other loud noise-producing vehicles from being driven on subdivision streets. If these vehicles are driven in the subdivision, the document states that a $150 fine will be assessed and authorities will be called to impound the vehicle. Streets may not be used as a race track or in any manner that creates a nuisance. 

17. Temporary structures, signs, and prohibited uses

No temporary structure may be used as a residence, whether temporarily or permanently. This includes trailers, basements, tents, shacks, garages, barns, and other outbuildings. No oil drilling, refining, quarrying, mining, or similar operations are allowed on the property, and no related structures such as derricks, tunnels, tanks, shafts, or excavations may be maintained there. 

Signs are generally prohibited except for two limited cases: an owner name sign not larger than 6 by 24 inches, and a real estate sign no larger than 8 square feet during the construction and sales period. 

18. Animals allowed

No livestock or poultry may be raised, bred, or kept on the property. Household pets such as dogs and cats are allowed, provided they are not kept, bred, or maintained for a commercial purpose and do not become a nuisance to neighbors. 

19. Trash, refuse, and material storage

Property may not be used as a dumping ground for rubbish. Trash, garbage, and waste must be kept in sanitary containers provided by the City of Harlingen. Trash may not spill out of the containers, and any spilled trash must be picked up immediately and returned to the container. After trash pickup, owners must move the container back to the side of the house so it is not highly visible from the street. 

Building materials may not be stored on the property until the owner is ready to begin improvements. Once construction is ready to begin, materials must remain within the property lines of that lot and may not be placed in the street or in the area between the curb and the property line. 

20. Lawn upkeep and vacant lot maintenance

Grass, weeds, and vegetation must be cut regularly and maintained in a neat and attractive manner. Dead trees, shrubs, vines, and plants must be removed promptly. The restrictions also address lots before a home is built: until a home or residence is constructed, the dedicator may enter and cut grass, weeds, and vegetation and remove dead landscaping as necessary, and the lot owner must reimburse the dedicator for the cost of that work. 

21. Garage alterations

Any alteration or reconstruction of garages requires Committee approval. The restrictions also state that no garage door may be removed or altered in design or function without approval. 

22. Committee authority, enforcement, and liability

The restrictions give the Architectural Control Committee authority to enforce compliance. The document names the Committee members as Francisco Arriaga, Linda Mijares, and Priscilla Perez, with an address at 4200 Jaime J. Zapata Ave. Suite 117, Brownsville, Texas 78521, and a listed phone number of (956) 544-5459, until other members are appointed. The restrictions also state that the Committee has the right to amend the restrictions. 

Enforcement may occur through proceedings at law or in equity to restrain violations or recover damages. The Committee is also given authority to stop construction in progress that does not comply with the restrictions. The document states that owners who fail to comply may be liable for enforcement-related expenses, including attorney’s fees, court costs, and other legal expenses. The restrictions also include a limitation of liability stating that the Committee is not responsible for the adequacy of submitted plans, defects in those plans, or defects in construction, and that Committee inspection does not create liability.