For the purpose of the zoning, development,
and building ordinances of the city, the following terms, phrases,
words, and their derivations shall have the meaning ascribed to them
in this section, except where the context clearly indicates a different
meaning:
Any project for which a permit was issued, work was begun,
but subsequently stopped and did not resume within thirty (30) days,
as observed and recorded by the city, shall be considered abandoned.
To repair, replace, remove, destroy or otherwise remedy the
condition in question by such means and in such a manner and to such
an extent as the code official, in his judgment, determines is necessary
in the interest of the general health, safety and welfare of the community.
An enclosed accessory structure.
A detached accessory building with complete independent living
facilities, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
A structure, the use of which is incidental and subordinate
to that of the main building on the same lot, such as, but not limited
to, a hangar, garage, casita, pool house, carport, gazebo, playhouse,
playscape, pergola, arbor, swimming pool, spa, hot tub, patio, porch,
deck, sports court, tennis court, boat houses and boat docks, and
the like. In residentially zoned districts, an accessory building;
shall be architecturally consistent with the main building and shall
not include permanent provisions for living, sleeping, eating, cooking,
and sanitation.
A use incidental and subordinate to the primary use of the
main building or to the primary use of the premises.
Groundcover, turf, plant, vine, shrub, or tree which are
listed in the Texas AgriLife Extension Service Guidebook Native and
Adapted Landscape Plants: An Earthwise Guide for Central Texas, but
do not have a "Texas native" classification, or those which can be
shown to be viable in the central Texas environment without requiring
excessive water and are not classified as an invasive plant.
A facility which provides medical and/or therapeutic services
related to the rehabilitation of individuals recovering from addiction.
An extension or increase in floor area or height of a building
or structure sharing a common wall or floor and an internal connection
to the main building or structure.
Any commercial activity, including live performances, whether
conducted intermittently or full time, which primarily involves the
sale, display, exhibition, or viewing of books, magazines, films,
photographs or other materials, distinguished or characterized by
an emphasis on matter depicting, describing, or relating to human
sex acts, or by emphasis on male or female genitals, buttocks, or
female breasts.
An establishment which has any one or more of the following
characteristics:
As one of its primary business purposes, offering for sale or rent books, magazines, periodicals or other printed matter which depict or describe “specified sexual activities” or “specified anatomical areas” as defined by the city’s Sexually Oriented Businesses, article 6.04;
As one of its primary business purposes,
offering for sale or rent instruments, devices, or paraphernalia which
are designed for use in connection with “specified sexual activities,”
excluding condoms and other birth control and disease prevention products;
As one of its primary business purposes,
offering for sale or rent glass smoking pipes, nebulizers, hookahs,
water pipes (for smoking) and other smoking paraphernalia; or
Not allowing individuals who are
under 18 years of age to enter the store or a portion of the store
without a parent or guardian present.
The person empowered to act by and on behalf of the principal.
Any device that is used or intended to be used for flight
in the air, including but not limited to planes, gliders, ultra light
airplanes, hot air balloons, helicopters, and parachutes.
Any beverage containing more than one-half of one percent
(1/2 of 1%) alcohol by volume, which is capable of use for beverage
purposes, either alone or when diluted.
A minor public right-of-way, not intended to provide the
primary means of access to abutting lots, which is used primarily
for vehicular service access to the back or sides of properties otherwise
abutting on a street.
Any change, addition or modification in construction, any
change in the structural members of a building, such as walls or partitions,
columns, beams or girders, the consummated act of which may be referred
to herein as “altered” or “reconstructed.”
A final plat that makes minor changes or corrections to a
recorded subdivision or part of a subdivision without vacating the
preceding plat.
The industry standards for tree care in the United States.
The engineering design and construction drawings, prepared
by a licensed Texas professional engineer, which has been granted
final approval by the city.
A committee appointed, usually by the developer or homeowners’
association, in a specific subdivision to review and approve all building
plans with respect to the restrictive covenants (deed restrictions).
Low-intensity lighting designed to reveal architectural features
and for which lighting for any other purpose is incidental.
An engineered system of backing and artificial fibers designed
to look like grass.
An engineering drawing of record, prepared under the direction
of a licensed Texas registered professional engineer, reflecting the
actual construction of a particular project, including, but not limited
to, final grading, site plan, dimensioning, elevations, locations
and materials sizing and type. Also referred to as “record drawings.”
A paved accessway for cars that ends in a court area with
multiple garage bays in residential zoning districts in which the
street facing garage bays are not the dominant architectural feature
of the home.
An establishment selling fuel for motor vehicles or performing
any of the following services on motor vehicles.
An establishment whose primary purpose is the sale of alcoholic
beverages exclusively for consumption on-premises which derives seventy-five
(75%) percent or more of its gross revenues from the on-premises sale
of alcoholic beverages.
Any barrier, including but not limited to fencing, sawhorses,
cones and tape, that is erected anywhere on the property or that obstructs
vehicular access to a residential or commercial site across an intended
path of ingress, egress, or circulation.
The elevation shown on the Flood Insurance Rate Map (FIRM)
and found in the accompanying Flood Insurance Study (FIS) for Zones
A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface
elevation resulting from the flood that has a 1-percent chance of
equaling or exceeding that level in any given year. Also called the
base flood.
The flood having a 1-percent chance of being equaled or exceeded
in any given year.
The benchmark or elevation checkpoint shall be the nearest
permanent structure (e.g. a water meter top, electric transformer
pad, utility manhole cover). The benchmark should be set by the builder
or architect unless previously established by the city building commission.
This benchmark is to be denoted as the one hundred (100) foot elevation
mark. All elevations of structures will be related to this benchmark
elevation.
A trench to channel rainwater flows which uses plants and
other natural means to slow the flow of water and promote detention
and absorption.
A combination of two (2) or more lots into a unit within
a subdivision.
An abrupt vertical change in topography of more than twenty
(20) feet with an average slope steeper than four (4) feet of rise
for one (1) foot of horizontal travel.
Buffer zones are undisturbed areas intended to protect waterways
and aquatic resources from the short- and long-term impacts of surrounding
development activities. Buffer zones shall remain free of construction,
development, or other alterations except for utility and roadway crossings
as approved by the city.
Any structure, either temporary or permanent, having a roof
or other covering, and designed or used for the shelter or enclosure
of any person, animal or property of any kind, including but not limited
to tents, awnings or vehicles situated on private property and used
for purposes of a building.
A department of the City of Lakeway. Employees administer
and enforce the ordinances of the city, maintain all building and
development records for projects throughout the city and ETJ, review
and discuss all plans with applicants prior to submittal to the CBC,
ZAPCO and/or council, inspect certain phases of construction, monitor
all ongoing projects.
Regulations, ordinances or statutory requirements of a governmental
unit relating to building construction and occupancy, adopted and
administered for the protection of the public health, safety and welfare.
The building and development services department personnel
certified by the International Code Council (ICC), or other authorized
representatives of the city, such as contract inspection companies.
A building in which is conducted the principal use of the
lot on which it is situated.
Includes lumber, plumbing materials, wall board, sheet metal,
plaster, brick, cement, asphalt, sand, base, concrete block, roofing
materials, cans of paint and similar materials.
The authorized buildable area of a lot where structures are
not prohibited by city ordinances.
The diameter of a sapling to be planted measured six (6)
inches above the top of the root flare up to and including four-inch
caliper size. If the caliper at six (6) inches above the top of the
root flare exceeds four (4) inches, the caliper should be measured
at twelve 12 inches above the top of the root flare.
A structure designed to be mounted on a motor vehicle and
to provide facilities for human habitation.
The centerline of the waterway refers to existing topographically
defined channels. If not readily discernible, the centerline shall
be determined by (first) the centerline of low flow line, or (second)
the centerline of the two-year floodplain.
A certificate issued by the city engineer upon the satisfactory
completion of operations authorized by a site development or subdivision
improvement permit.
A document issued by an authorized representative of an insurance
company stating the types, amounts and effective dates of insurance
in force for a designated insured.
A certificate authorized by the city building commission
upon the satisfactory completion of operations authorized by a city
building permit. Under certain circumstances, the city building commission
may authorize a temporary certificate of occupancy for a period not
to exceed 30 days. These certificates are issued by the code official.
A specialist in the care and maintenance of trees who is
certified by and in good standing with the International Society of
Arboriculture (ISA).
Any facility that provides care, training, education, custody,
treatment, or supervision for one or more children who are not related
by blood, marriage, or adoption to the owner or operator of the facility,
for all or part of the 24-hour day, whether or not the facility is
operated for profit or charges for the services it offers.
The City of Lakeway.
A commission appointed by the city council to have overall
authority and responsibility to monitor and control all construction
in the city.
Staff engineer or any designated representative of an engineering
firm contracted by the city to provide engineering services for the
city.
A certified arborist employed by the city in support of this
code section.
City council members, city board members, city commissioners
and city staff.
Personnel employed directly by the city or contracted by
the city, including but not limited to the city manager, code official,
the city engineer, or others authorized persons acting on behalf of
the city in an official capacity to ensure compliance with the code.
The removal and disposal of trees, stumps, brush, roots,
vegetation, logs, rubbish, and/or other objectionable matter from
the designated or permitted area.
Attached or detached residential housing that maximizes common
open space by grouping housing units to minimize individual yards
and which, for each detached unit, has a minimum lot area of 7,500
square feet.
An employee of the city licensed by the state as a registered
code enforcement officer.
The director of building and development services.
A measure of the appearance of a lamp's illumination, measured
in degrees Kelvin.
The plan defined by the Texas Local Government Code. The
comprehensive plan is an independent, long-range plan for use and
development of land within the city and in the city’s extraterritorial
jurisdiction.
A letter from the design engineer stating that he or his
designated representative, under his supervision, has conducted visits
during construction and that all drainage systems and structures,
sidewalks, accessible routes, stormwater detention and water quality
ponds, paving, utilities, etc. were constructed according to the permitted
plans, with insignificant deviation, unless noted otherwise.
Created when a developer files a condominium declaration
with the county clerk that converts a parcel of land held under a
single deed into a number of individual condominium estates, plus
an estate that includes the common elements. In Texas, a condominium
must have at least 4 units.
A form of real property ownership wherein an individual owns
a building or separate portion of a building or airspace within a
building, plus joint ownership of the common elements which include
the remainder of the building and the land.
All of the written, graphic and pictorial documents prepared
or assembled for describing the design, location, and physical characteristics
of the elements of the project necessary for obtaining a building
permit. The construction drawings shall be drawn to the scales as
required by each ordinance.
Any clearing of land, excavation, or other action that would
adversely affect the natural environment of the site but does not
include uses in securing survey or geological data including necessary
borings to ascertain subsurface conditions.
A map or plat prepared by a registered engineer, architect
or land surveyor which accurately reflects the surface of the area
surveyed with contour intervals of two (2) feet.
A person, firm, partnership or corporation responsible for
the construction of an approved plan set. The term also includes superintendents
and on-site managers.
Control points (monuments) are those that control or are
used to relocate lost or obliterated property corners. Control points
(monuments) are placed where they are least likely to be destroyed
and where they can be conveniently used.
A small retail establishment providing for the sale of general
merchandise and/or convenience goods and services such as, but not
limited to, groceries, beer, gasoline, package foods, cigarettes,
etc.
Travis County, Texas.
A distinct channel that can convey running water.
A zone established around a critical environmental feature
in which no clearing, alteration or construction may occur.
Features which have been identified by the environment assessment
or by the city to be of critical importance by the City of Lakeway
to the protection of one or more environmental resources. They include
but are not limited to such features as bluffs, springs, canyon rimrocks,
caves, sinkholes and wetlands.
The area of soil around a tree where the minimum amount of
roots considered critical to the structural stability or health of
the tree are located. CRZ can be defined as a circle with a minimum
radius of 1 foot for every 1 inch in trunk diameter at 4.5" above
ground, or otherwise can be determined by the City Forester and/or
by using the dripline of the tree.
A street having but one outlet to another street, and terminated
on the opposite end by a vehicular turn-around.
Luminaires which have been approved under the IDSA Fixture
Seal of Approval program.
The principles defined by the IDSA that exterior lighting
should have a clear purpose; should be directed only where needed
to minimize light trespass, glare, and light pollution; should be
no brighter than necessary; should be dimmed or turned off when not
needed; and should have a color temperature towards the warmer end
of the spectrum.
Between the hours of sunrise and sunset.
Provisions placed in deeds to control how future landowners
may or may not use the property. The City of Lakeway does not enforce
deed restrictions.
The design water volume divided by the average outflow rate.
A person who improves land, primarily through the construction
of buildings, roads, or other structures, excavation, dredging, grading,
filling, clearing, or removing vegetation.
Buildings, parking lots, aircraft taxiways, roads and other
structures, construction, excavation, mining, dredging, grading, filling,
clearing or removing vegetation, and the deposit of refuse, waste
or fill. Lawn and yard care, including mowing of tall weeds and grass,
gardening, tree care and maintenance, removal of trees or other vegetation
damaged by natural forces, and ranching and farming shall not constitute
development. Utility, drainage, and street repair, maintenance and
installation which does not require land disturbance or result in
additional impervious cover shall also not constitute development.
The tree diameter measured 4.5 feet above ground. For multi-trunked
trees, DBH is calculated using the largest trunk diameter plus 1/2
the sum of all remaining trunk diameter larger than 3".
Any alcohol, spirits of wine, whiskey, rum, brandy, gin,
or any liquor produced in whole or in part by the process of distillation,
including all dilutions or mixtures of them.
An attached accessory structure located on the same lot as
the principal dwelling and used for habitation of a person fully employed
in domestic duties on the dwelling premises.
An area intended for restricted use on property upon which
an authorized governmental agency shall have the right to remove and
keep removed all or part of any buildings, fences, trees, shrubs,
or other improvements or growths which in any way endanger or interfere
with the construction, maintenance, or operation of any of its respective
drainage systems within any of these easements. An authorized governmental
agency shall at all times have the right of unobstructed ingress and
egress to and from and upon the drainage easements for the purpose
of constructing, reconstructing, inspecting, patrolling, and/or maintaining
the system.
The outermost edge of a tree's canopy. When viewed from above,
the drip line will appear as a line that follows the contour of the
tree's branches. At a minimum, the drip line is a circle whose diameter
is 15 times a tree's DBH.
Serving a patron food or drink while in a motor vehicle or
permitting consumption of food or drink while in a motor vehicle parked
on the premises.
One of the two (2) separate components of a detached building,
each of which components is occupied or suitable for occupancy by
only one family as a residence, and having kitchen, bath and sanitary
facilities and appropriate appurtenances for such occupancy. Each
of such separate components shall be deemed as one unit for the purposes
of density calculation and the transfer of development rights.
A detached building designed and having facilities for year-round
human habitation by one family only.
A detached building designed and having facilities for year-round
human habitation by two families each in a separate dwelling unit.
A single unit providing complete, independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any building or any portion thereof which is not an “apartment
house,” or “lodging house,” which contains one or
more “dwelling units” or “guest rooms,” used,
intended, or designed to be built, used, rented, leased, let, or hired
out to be occupied, or which are occupied for living purposes.
A right given by the owner of a parcel of land to another
person, public agency, or private corporation for specific and limited
use of that parcel. A privilege or right of use or enjoyment granted
on, above, under, or across a particular tract of land by one owner
to another.
A two-dimensional representation of the design, location
and dimensions of the project, or parts thereof, seen in a vertical
plane viewed from a given direction.
A person duly licensed under the provisions of the Texas
Engineering Registration Act, as heretofore or hereafter amended,
to practice the profession of engineering in the specialty field of
civil engineering.
A person duly licensed under the provisions of the Texas
Engineering Registration Act, as heretofore or hereafter amended,
to practice the profession of engineering in the specialty field of
mechanical engineering.
A report that addresses the potential impacts on the environment
of a proposed project. It should account for endangered species, existing
and proposed land uses, topography, geology, soils, vegetation, critical
environmental features, hazardous waste and historical significance.
A degreed biologist or geologist or degreed environmental
specialist with at least five (5) years practical experience preparing
environmental assessments.
Built, constructed, altered, reconstructed, poured, moved
upon or any physical operations on the premises which are required
for construction. Excavation, site clearance, land fill and the like
shall be considered a part of erection.
The process by which the ground surface is worn away by the
action of wind or water and material therefrom is carried, or is likely
to be carried, across any property line in significant quantities.
Any breaking of ground on the site with heavy equipment,
but does not include operations in securing survey or geological data,
including necessary borings to ascertain subsurface conditions for
foundations and septic systems.
The extraterritorial jurisdiction of the City of Lakeway,
Texas is that land not within the corporate limits of the City of
Lakeway, Texas, but land over which the city has jurisdiction by virtue
of the Texas Local Government Code.
An individual, or two or more persons related by blood, marriage,
or adoption, or a group of not to exceed three (3) persons not all
related by blood, marriage, or adoption, occupying the premises and
living as a single not for profit housekeeping unit.
A structure functioning as a boundary, barrier, or enclosure,
usually made of posts, boards, wire, rails, or masonry which surrounds,
closes in, separates or closes off.
The filing date is the date the applicant submits a complete
application, as required by an ordinance, including all required fees
and copies, to the city.
The chief of the fire department or his designated representative
that provides fire code inspections, code enforcement actions, hazardous
material responses and firefighting services to the city.
Travis County Emergency Services District No. 6 (Lake Travis
Fire Rescue) or other applicable department.
Any device capable of discharging a projectile through a
barrel using the energy generated by an explosive charge or burning
substance or any device readily convertible to such use or any device
capable of discharging a projectile through a barrel using the energy
generated by compressed air, including without limitation, an air
gun, bb gun, or toy gun.
The usual and ordinary meaning and shall include but not
be limited to the following: firecrackers, roman candles, sparklers,
torpedoes, bombs, skyrockets, buzz bombs, atomic wings, aerial flash
salutes, and trail blazers.
A temporary rise in lake or stream water level that results
in inundation of areas not ordinarily covered by water.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special flood hazard areas
and the risk premium zones applicable to the community.
A body of land susceptible to flooding from any source.
See base flood elevation.
The channel of a watercourse and portions of the adjoining
floodplain which are reasonably required to carry and discharge the
regulatory flood.
The sum of the heated and air conditioned horizontal areas
of each story of the building measured from the exterior faces of
the exterior structural walls for the purpose of computing the minimum
allowable floor area in a residential dwelling unit. The floor area
measurement is exclusive of areas of unfinished attics, attached garages,
breezeways and covered porches.
A luminaire for which all emitted light is projected below
the horizontal plane. This includes direct light from the luminaire
and diffused or reflected light.
Includes but are not limited to any machine or device on
which individuals can:
Play games of chance to win money
or a prize with value, by digitally or physically inserting credits
or coins into the machine or device with the exception of Texas Penal
Code section 47.01(4)(B);
Participate in contests that award
one or more prizes (including money, game credits, or coupons redeemable
for a prize of value) based on chance or the random selection of entries
by operation of software; or
Win money or prizes with value if
a horizontal, vertical, or diagonal row of objects line up (also known
as "eight liners").
An enclosed building or structure for the storage of one
or more vehicles.
A residential development enclosed by a fence with access
provided only with keys, etc.
Light directly from a luminaire or reflected light that causes
reduced visibility or visual discomfort to a person of ordinary sensibilities.
The finished ground level adjoining the building or structure
at all exterior walls.
Any act by which soil, rock, or mineral matter is cut into,
dug, quarried, uncovered, removed, displaced or relocated; and includes
the removal of vegetative cover, excavation and land balancing.
An initiative sponsored by the US Environmental Protection
Agency (EPA) that uses natural methods to capture and filter rainwater
and stormwater in the places where it falls, rather than transporting
it off site.
An area or district intended to establish and preserve peaceful,
safe and attractive, natural or undisturbed areas and drainage ways
and may contain hiking, jogging, non-motorized biking, and nature
trails and accessory structures, parking and other uses incidental
to the above.
Waste water from bathroom sinks, bath tubs, showers, and
washing machines which is free of grease and phosphates and suitable
for irrigation. Wastewater from kitchen sinks or dishwashers is specifically
prohibited.
An attached accessory building located on the same lot as
the principal building and used occasionally for habitation for guests
but not for remuneration.
Habitable room shall mean any room meeting the requirements
of this code for sleeping, living, cooking or dining purposes, excluding
such enclosed places as closets, pantries, bath or toilet rooms, hallways,
laundries, storage spaces, utility rooms and similar spaces.
An occupation customarily carried on in a dwelling unit,
or in an accessory structure to a dwelling unit, by a resident of
the premises, which occupation is clearly incidental and secondary
to the use of the premises for residential purposes. Examples of home
occupations that are permitted by this title include but are not limited
to: a computer programmer, an investor, an architect, a consultant,
a writer, an artist, or a dress maker.
An organization dedicated to the development of better building
construction and greater safety to the public by uniformity in building
laws. The ICBO publishes the family of Uniform Codes to provide jurisdictions
with a complete set of building-related regulations for adoption.
At the request of a subscribing member, the ICBO performs building
plan reviews for compliance with the Uniform Codes.
International Dark Sky Association.
Roads, parking areas, buildings, and other impermeable construction
covering the natural land surface; this shall include, but not be
limited to, all streets and pavement within a subdivision. Pervious
cover is generally permeable natural land surface. Impervious cover
calculations shall include all roads, driveways, parking areas, sidewalks,
crushed granite, buildings (including roof overhangs), decking, rooftop
landscapes and other impermeable construction covering the natural
land surface. Swimming pool surface water area for pools which discharge
to the storm drainage system shall also be included. Water quality
and detention basins, swales, and other earthen conveyances for drainage
purposes only shall not be calculated as impervious cover.
A senior housing development for persons who need support
with certain functions of everyday life that is restricted to persons
55 and older and offers integrated and self-contained supportive services
such as meals, housekeeping, social activities, medical services and
transportation.
Infill is building homes, businesses and public facilities
on unused and underutilized lands within existing urban areas.
The total amount of light produced by a lamp. This value
is specified by the manufacturer rather than directly measured.
An integrated approach to managing water which includes landscaping
with preferred plants, the green infrastructure approach to rainwater
capture and management, and greywater systems.
Any premises on which dogs are kept for sale or are boarded,
trained or bred for remuneration.
Low-intensity accent lighting of landscape features or paths
for which lighting for any other purpose is incidental.
Land that has been platted and legally recorded or has been
granted legal lot status by the code official in accordance with the
development ordinance.
The specified time period during which exterior lighting
must be dimmed by at least 30% or extinguished.
The range of variation from lower to higher values of illumination.
Diffusion and placement of luminaires that smooths the light to a
more uniform distribution and has less sharp cutoffs and minimizes
the contrast between lit areas and the darker surroundings is preferable.
Any adverse effect of artificial light including glare, light
trespass, sky glow, and impacts on the night environment.
Light that falls beyond the property line.
Any device which creates artificial illumination through
the use of combustion, incandescence, or electrical discharge.
A store selling distilled spirits for off-premises consumption
only.
A living unit equivalent (LUE) is defined as the typical
flow that would be produced by a single-family residence located in
a typical subdivision. For water, this definition includes consumptive
uses such as lawn watering and evaporative coolers. The wastewater
collection system does not receive all of these flows so the flows
expected differ between water and wastewater.
An undivided tract or parcel of land having access to a public
street and which is, or in the future may be offered for sale, conveyance,
transfer or improvement; which is designated as a distinct and separate
tract, and which is identified by a tract or lot number or symbol
in a duly approved subdivision plat which has been properly filed
for record.
A complete lighting unit, including the lamp and ballast,
reflector, lens, and diffuser and the elements to position and shield
the lamp.
A main purpose of the business is providing sexual stimulation
or gratification through the offering of a service or the selling,
renting or exhibiting of material, devices or any other items intended
to provide sexual stimulation or sexual gratification to its customers,
or whose employees or customers appear in a state of nudity. Such
“major business” or “primary business purpose”
of providing sexual stimulation or gratification may be demonstrated
by the presence of one or more of the following characteristics:
A significant or substantial portion of the retail sales or revenue, the retail value of inventory, amount of retail floor space, amount of display areas, or the amount of inventory attributable to or composed of material, services or products distinguished by or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined by the city’s Sexually Oriented Businesses, article 6.04. (“Inventory” shall be measured with all titles or objects available on the premises for sale or rental including each of those items that are identical, or considered a separate title or object. “Significant or substantial portion” means more than an insignificant or incidental portion, does not depend upon a specific percentage or ratio, and does not necessarily mean a majority or predominant amount); or
Any other fact, circumstance, or
evidence which is relevant to demonstrate the type and quantity of
merchandise or service that the establishment sells, rents, offers
for sale or rent, displays or exhibits as constituting or composing
a primary business purpose of the business.
A manufactured home meeting the construction standards of
the United States Department of Housing and Urban Development.
The total exterior masonry surface area of a house which
includes gable areas and excludes the roof surfaces. Window and door
surfaces are included if surrounded predominately by masonry cover.
All exterior surfaces will be included in calculation including gables,
second story surfaces and chimney areas. Calculations will not include
the exposed foundation areas which are limited to two foot exposed
vertical areas. All openings such as windows, doors, vents, etc.,
will be included into the predominate type of surface on the total
wall (around the opening). Where an opening is surrounded by an equal
amount of masonry and siding, the area of the opening will be shared
equally between the two surfaces. Garage doors that are surrounded
on both vertical sides by masonry will be included as masonry on single
story homes. The area above garage doors on two story homes will be
calculated as to the type of cover used. Gable areas above single
story garage doors will also be calculated as to type of cover used.
Masonry is rock, brick or stucco. For non-residential structures,
split-faced, colored, concrete masonry units may be approved.
Any area or tract of land where one or more mobile home or
recreational vehicle lots or spaces are rented or held for rent or
sale.
A structure designed or used for residential occupancy built
upon or having a frame or chassis to which wheels may be attached
by which it may be moved upon a highway, whether or not such structure
actually has, at any given time, such wheels attached, or is jacked
up or skirted.
Any development having more than two residential units on
a single lot.
Groundcover, turf, plant, vine, or shrub, with a "Texas Native"
classification in the Texas AgriLife Extension Service guidebook Native
and Adapted Landscape Plants: An Earthwise Guide for Central Texas.
Any tree species identified by the Texas A&M forest service
to have state origin.
That area in the uplands zone, excluding buffer zones and
land designated for wastewater irrigation, and then calculated to
include all acreage on 0-15% slopes; added to forty (40) percent of
the acreage on 15-25% slopes; added to twenty (20) percent of the
acreage of 25-35% slopes.
Any structure which does not comply with the provisions of
this title including those which may or may not have been lawfully
erected prior to the effective date thereof.
An activity that was lawful and existing at a specific location
prior to the adoption, revision or amendment of the zoning ordinance
which fails to conform to the present requirements of this title.
Any street, public or private, that is adjacent to a property
but is not a primary street such as a corner lot.
Any offensive or unpleasant condition which substantially
interferes with the use and enjoyment of one's property or which endangers
one's health or life or property by causing unreasonable discomfort
or annoyance to persons of ordinary sensibilities attempting to use
and enjoy their property. A light nuisance is further defined for
backlight, uplight, glare, light trespass, and light pollution.
Any officer referred to in this title by title means the
person employed or appointed by the city in that position, or his
duly authorized representative.
Any land, building, structure, devices or activities for
amusement and profit perceptible from a public right-of-way, such
as drive-in theaters, miniature golf courses, water slides, motor
vehicle courses or tracts, and similar enterprises.
An “organized disposal system” is any public
or private system for the collection, treatment, and disposal of sewage
operated in accordance with the terms and conditions of a permit from
the state commission on environmental quality.
Low-intensity decorative lighting for which lighting for
any other purpose is incidental.
Stormwater runoff that is not confined by any natural or
manmade channel such as a creek, drainage ditch, storm sewer, or the
lake.
Any tract of land which is not part of a platted subdivision,
and shall also include in addition to the land within its boundaries,
all land adjacent to and extending beyond the property line to the
curbline of adjacent streets, and where no curb exists, to the existing
street surface, and all land lying between the property line and the
centerline of adjacent alleyways.
An area developed for recreation including playscapes, ballfields,
picnic areas, swimming areas, etc. and parking facilities.
The portion of a street available for vehicular traffic.
Where curbs are laid, it is the portion between the face of curbs.
A person designated as a peace officer, railroad police,
or a special investigator by the Texas Code of Criminal Procedure,
articles 2.12, 2.121, and 2.122.
An individual, proprietorship, partnership, joint venture,
private or public corporation, association, firm, public service company,
cooperative, political subdivision, municipal corporation, government
agency, public utility district, or any other entity, public or private,
however organized.
A facility which provides medical and/or therapeutic services
related to the physical rehabilitation of individuals recovering from
illness or an accident.
A drawing of a parcel(s) of land containing one or more lots
and the additional information required by a city ordinance.
Any building of which at least fifty percent (50%) is constructed
of structural units where the integral parts thereof have been built
up prior to incorporation in the building.
Any native or adapted plant listed in the Texas AgriLife
Extension Service Guidebook Native and Adapted Landscape Plants: An
Earthwise Guide for Central Texas.
A proposed layout plan of development which includes buildings,
lot lines, streets, drainage features, public dedications, zoning
classifications or land use, adjacent land uses, topography, environmental
features and utility layouts.
Any building, lot, parcel, real estate or land or portion
of land, whether improved or unimproved, including adjacent sidewalks
and parking strips.
A street, public or private, that provides primary entry
(front entrance) to a residence.
A vehicular roadway under private ownership and maintenance
which is not intended for use by the general public and may have its
access controlled or restricted.
Groundcover, turf, plant, vine, shrub, or tree listed in
the "Austin's Top Invasive Plants to Avoid" classification in the
Texas AgriLife Extension Service Guidebook Native and Adapted Landscape
Plants: An Earthwise Guide for Central Texas, listed in the Texas
Department of Agriculture's Noxious Weed List, or listed in the Texas
Parks and Wildlife Department's Prohibited Exotic Species.
Removing branches from a tree to achieve a specified objective
using approved practices according to ANSI A300 industry standards.
At no time shall topping, tipping or flush cutting of trees be deemed
a form of "pruning."
All grounds and rights-of-way (ROWs) owned or maintained
by the city.
The removal from the earth of stone, sand, gravel, caliche,
minerals, topsoil or other natural material for the purpose of sale
or any other commercial purpose, other than such as may be incidental
to excavating or regrading in connection with or in anticipation of
building development or landscaping on the site.
A depressed area that collects rainwater and allows it to
soak into the ground, and has improved aesthetics with landscaping.
Rain gardens can be any size; larger ones with drainage systems are
referred to as bioretention ponds.
Capturing and storing rainwater for later use. Rainwater
harvesting shall be guided by the Texas Water Development Board publication
Texas Manual on Rainwater Harvesting, and is required in some areas
covered by the Southwestern Travis County groundwater conservation
district rules for wells.
See “as-built.”
To recover an expenditure (the actual dollars invested),
made to acquire property or other assets.
A vehicle designed for human habitation for recreational
purposes and capable of being used on a highway. Recreational vehicles
shall include a motor home, travel trailer, truck camper and camping
trailer, but shall not include a mobile home.
The process of reworking the site, not including the buildings,
to re-grade, re-pave, modify or expand the existing improvements.
The reconstruction, renovation or renewal of any part to
an existing building for the purpose of its maintenance. Such term
shall not apply to any change in construction, alteration, or addition
to a building other than for the purpose of reconstruction, renovation
or renewal.
[sic].
Any agent, lessee, owner or other person occupying or having
charge or control of any premises.
An eating establishment with the following characteristics:
Food and beverages are sold primarily
for consumption at tables on the premises;
Food is prepared to order;
Food and beverage service is provided
via table service by servers or bartenders;
Nondisposable dinnerware (utensils,
plates, glasses and cups, etc.) is provided;
All tables are bussed by restaurant
staff;
The gross receipts derived from the
sale of alcoholic beverages from on-premises sales do not exceed seventy-five
percent (75%) of the establishment's gross receipts; and
Food may be ordered for delivery
or take-out.
An eating establishment with the following characteristics:
Food is ordered at the counter or
register;
Payment may be made by customers
before food is consumed;
Food is prepared or completed and
plated to order, with more complex flavors than fast food restaurants;
Food and beverages are generally
consumed at tables on premises and may be served in disposable containers;
Customers may bus their own tables
if they eat inside the establishment;
Generally will not have a drive-through;
and
Food may be ordered for delivery
or take-out.
An eating establishment with the following characteristics:
Food is ordered at the counter or
register from a wall menu inside the restaurant or through a speaker
system, pass-through window, or drive-thru from an outdoor menu board;
Food is ordered, prepared, and served/delivered
while customers remain standing or remain in their cars;
Food is usually prepared and packaged
in advance of a customer order (often in bulk) and kept hot;
Payment must be made by customers
before food is consumed;
Food and beverages are usually served
in disposable or edible containers and generally not consumed inside
the establishment;
Customers typically bus their own
tables if they eat inside the establishment;
The consumption of food or beverages
within a motor vehicle parked upon the premises is allowed or encouraged;
and
Food may be ordered for delivery
or take-out.
A final plat that alters the layout of a recorded subdivision
or part of a subdivision without vacating the preceding plat.
Landscaping structures of any type that are designed primarily
to retain landscaping materials or control erosion. Retaining walls
will not extend higher than one (1) foot above the material being
retained within the street-side or golf course setbacks. Retaining
walls may also be used to identify property lines, driveways, walkways,
etc., provided they are not over one (1) foot in height.
The process of replanting vegetative material and restoring
the soil of disturbed land to provide complete vegetative cover.
Any travel way open to the general public for travel or land
dedicated for eventual travel by the public. Dedicated right-of-way
may, in addition to travel by the public, may be used for installation
of utilities, drainage ways or other public purposes.
A rail or obstruction constructed along a drop-off or overhang
to prevent a person from falling off or over the edge.
A private sewerage facility or disposing of sewage through
soil absorption and includes as components: the line from the building
to the septic tank, the septic tank(s) (with one or more compartments),
soil absorption system or evapotranspiration beds.
The minimum distance required between a structure and the
front, side or rear boundary line of the parcel of land on which the
structure is located.
Any public or private system for the collection, treatment,
and disposal of sewage operated in accordance with the terms and conditions
of a permit from the state commission on environmental quality.
A “private sewerage facility” is any septic system,
or other facility, system or method for the storage, treatment, or
disposal of sewage other than an organized disposal system operated
in accordance with the terms and conditions of a permit from the City
of Lakeway, Texas.
Adult arcade, adult theater, adult bookstore, massage parlor,
nude studio, modeling studio, love parlor or other similar commercial
enterprise, the major business of which is the offering of a service
that is intended to provide sexual stimulation or sexual gratification
to the customer.
The word “shall” is imperative or mandatory.
The word “may” is indicative of discretion or choice.
A luminaire with an adjustable mounting device which allows
it to be aimed and which contains shielding, a louver, or a baffle
to reduce backlight and glare.
An amending plat or a minor plat involving six (6) or fewer
lots fronting on an existing street and not requiring the creation
of any new street, drainage improvements, or the extension of municipal
facilities.
The rental, tenancy or similar nonowner occupancy of residential
property, by any form of compensation, for a period of one (1) to
twenty-seven (27) consecutive days.
The development or redevelopment of land located within the
city limits or its ETJ for non-residential or multifamily uses.
A plan which outlines the use and development of any tract
of land.
Any clearing of trees and other vegetation with heavy equipment
such as bulldozers, backhoes, and graders. This definition does not
include normal lot maintenance, as required by city ordinances, such
as mowing, trimming, and pruning. Also, this definition does not include
efforts necessary for securing survey or geological data including
necessary borings to ascertain subsurface conditions and percolation
rates for planned septic fields.
A space of ground occupied or to be occupied by a structure.
A structure for the conveyance of exhaust fumes, smoke, etc.
from a commercial or industrial facility.
A use that may be authorized by the city council if the applicant
can show, to the satisfaction of the city council, that the use requested
meets all applicable conditions and standards contained in the zoning
ordinance.
Multiple spaces or units on a single lot individually leased-out
for the purposes of storing vehicles, products, personal possessions,
etc. for safekeeping.
A high volume street providing a through traffic link to
different local urban areas.
A street that provides primary access between local streets,
other collectors and/or commercial developments.
A street, other than a cul-de-sac, with only one outlet.
A low volume, low speed street that is the primary access
from residential districts to collector streets without being continuous
through several districts.
Any thoroughfare constructed to the city’s specifications
for “streets” that is not dedicated or maintained as a
public street. A vehicular access way under private ownership and
maintenance.
Any thoroughfare or public way which has been dedicated or
deeded to the public for public use, and provides vehicular access
to adjacent land.
That which is built or constructed.
A structure is unfit for human occupancy whenever the official
finds that such structure is unsafe, unlawful or, because of the degree
to which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth or contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this article, or because the location
of the structure constitutes a hazard to the occupants of the structure
or to the public.
Any person or any agent thereof, dividing or proposing to
divide land so as to constitute a subdivision as that term is defined
herein. In any event, the term “subdivider” shall be restricted
to include only the owner, equitable owner or authorized agent of
such owner or equitable owner, of land sought to be subdivided.
Refers to the installation of utilities, water, sewer extensions,
street lights, signs, streets, water quality facilities, and all other
installations associated with developing the subdivision.
A division of any parcel of land situated within the corporate
limits or the extraterritorial jurisdiction, into two or more parts
for the purpose of laying out any subdivision of any tract of land
or any addition to the city, or for laying out of suburban lots or
building lots, or any lots, and streets, alleys or parks or other
portions intended for public use, or the use of purchasers or owners
of lots fronting thereon or adjacent thereto.
A mathematically closed diagram of the complete peripheral
boundary of a site, reflecting dimensions, compass bearings and angles.
It must bear a licensed land surveyor’s signed certification,
and may include a metes and bounds or other written description.
A licensed state land surveyor or a registered public land
surveyor, as authorized by the state statutes to practice the profession
of surveying.
Any structure, basin, chamber or tank containing an artificial
body of water for swimming, diving, or recreational bathing, and having
a depth of two (2) feet or more at any point.
The distance along a driveway from the face of curb or edge
of pavement of a roadway to the right-of-way/property line.
Part ownership of a property coupled with a right to exclusive
use of it for a specified number of days per year.
The topography that exists at the date of permit application,
having no bearing on conditions or changes manmade to the topography
prior to the filing date.
Using inappropriate pruning techniques to reduce tree size
that may result in unnecessary risk, tree stress, or decay.
The estimated portion of a lot available for landscaping;
equivalent to the total lot size minus the impervious cover. The percentages
of total landscape area for rock groundcover or artificial turf are
estimated by the property owner, and may be verified by the code official.
A dwelling unit on a separate lot which shares a common wall(s)
with another dwelling unit on a separate lot.
A parcel of land.
A study and resulting report that gathers field data on existing
vehicle trip counts and intersection turning movements, applies the
calculated growth rate for proposed development and generates projected
trip generations, distributes the projected trips upon the existing
and proposed roadways and intersections and develops recommendations
for roadway and intersection improvements.
Every vehicle designed for carrying persons or property and
for being drawn by a motor vehicle on the highway.
A vehicle, other than a motor vehicle, which is designed
for human habitation for recreational purposes and which may be towed
upon a public highway without a special permit or chauffeur’s
license, or both, without violating any provision of the vehicle code.
An unlawful structure is one found in whole or in part to
be occupied by more persons than permitted under this article, or
the structure was erected, altered or occupied contrary to this article.
An unsafe structure is one that is found to be unfit for
human habitation or dangerous to the life, health, property or safety
of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because
such structure contains unsafe equipment or is so damaged, decayed,
dilapidated, structurally unsafe or of such faulty construction or
unstable foundation, that partial or complete collapse is possible.
All lands and waters not included within the buffer zone
or critical environmental feature buffer zone.
An interest in land granted to the city, or to the public
generally, and/or to a private utility corporation, for installing
or maintaining utilities across, over or under private land, together
with the right to enter thereon with machinery and vehicles necessary
for the maintenance of said utilities.
Approval granted by the city to an individual property owner
to vary from strict compliance with an ordinance.
Every device in, upon, or by which any person or property
may be propelled, moved or drawn upon a path, road, or highway, except
devices used exclusively upon stationary rails or tracks.
The process of waving provisions of a city ordinance rule
or regulation by the code official, city manager or city engineer
where authorized by the city council, zoning and planning commission
and/or city building commission, for the purposes of dismissing a
design requirement preceding the issuance of a permit.
The ordinance regulating development within watersheds in
the City of Lakeway and in its ETJ.
The area or region draining into a body of water.
The open area between building setback lines and lot lines.
The commission appointed by the city council to recommend
the boundaries of the various zoning districts and appropriate regulations
to be enforced therein and general amendments to the zoning, subdivision,
watershed, noise and sign ordinances. The ZAPCO approves permits and
variances as stated in each ordinance.
A classification assigned to a particular area of the city
within which zoning regulations are uniform (See City of Lakeway’s
Zoning Ordinance).
Public regulations that control the specific use of land
in a given district.
Temporary regulations imposed by the city council which control
the use of land and become effective upon the land’s annexation
into the city, unless the land is permanently zoned at the time of
annexation. Temporary zoning remains in effect until such time as
the city council approves permanent zoning for the land.
(Ordinance 2009-03-16-02, ex. A, adopted 3/16/09; Ordinance 2009-12-21-01, rev. 19, adopted 12/21/09; Ordinance 2011-04-18-06, rev.
1, adopted 4/18/11; Ordinance
2011-05-16-05, rev. 1, adopted 5/16/11; Ordinance 2011-08-15-07, rev.
3, adopted 8/15/11; Ordinance
2012-03-19-04, rev. 4, adopted 3/19/12; Ordinance 2013-02-19-04, rev.
1, adopted 2/19/13; Ordinance
2018-07-16-10 adopted 7/16/18; Ordinance 2018-10-15-04 adopted 10/15/18; Ordinance 2019-02-19-08 adopted 2/19/19; Ordinance 2022-07-18-03 adopted 7/18/22; Ordinance 2022-08-01-01 adopted 8/1/22; Ordinance 2023-07-17-04 adopted 7/17/2023; Ordinance 2023-08-21-02 adopted 8/21/2023; Ordinance 2023-09-05-02 adopted 9/5/2023; Ordinance 2023-10-16-03 adopted 10/16/2023; Ordinance 2024-03-18-03 adopted 3/18/2024; Ordinance
2024-04-15-05 adopted 4/15/2024)
