All uses or acts not expressly permitted
or authorized by this chapter are prohibited in the city, including
but not by way of limitation, the following:
(1)
Open-air commercial amusements, except
those in place for one week or less, for which a permit has been issued
by the city council.
(2)
Junkyards, salvage yards, wrecker
yards, and all open-air storage of junk, waste products and salvage
materials.
(3)
Placing, locating or erecting a mobile
home.
(4)
Mobile home or recreational vehicle
parks.
(5)
Building material storage yards.
(6)
Businesses engaged in the sale of
firearms.
(9)
Recycling or solid waste centers.
(10)
Quarrying, mining or extractive uses
of all descriptions except the drilling and use of water wells.
(11)
Steel or iron manufacturing, tool
& die makers.
(13)
Bingo halls, dance halls.
(16)
Adult entertainment activity, except
as permitted in district C-2.
(17)
The sale, use, display, or possession
of fireworks, except when approved by the city council by special
permit. As used in this subsection, the word “use” shall
mean to in any manner shoot, discharge, explode and/or ignite any
fireworks.
(18)
To discharge a firearm within the
incorporated limits of the city; provided, however, that the following
are defenses to prosecution under this section:
(A)
The person discharging the firearm
was a peace officer acting in the performance of his official duties;
or
(B)
The person discharging the firearm
was lawfully defending a person or property; or
(C)
The firearm discharged was a toy
gun not capable of discharging a projectile a distance in excess of
fifty (50) feet.
(19)
Automobile sales lots (new or used)
except as permitted in a C-4 district.
(20)
The keeping of animals, livestock
or poultry of any kind, except dogs, cats, or other common household
pets provided that they do not constitute a nuisance (except as permitted
in AG district).
(22)
The hanging of laundry or camping
equipment, or other like items to dry in the open except when such
items are not visible to the public (except as permitted in R-6 district).
(23)
The parking or standing of trucks,
buses, trailers, mobile homes, or recreational vehicles on any public
right-of-way or lot outside of a building. It is an affirmative defense
to this section that the truck, bus, trailer, mobile home or recreational
vehicle is:
(A)
A conventional passenger vehicle,
pick-up truck, motorcycle, or van;
(B)
A recreational vehicle parked on
a residential lot for no more than two (2) days out of any seven (7)
day period for purposes of loading and unloading;
(C)
A vehicle used for agricultural purposes
parked in an AG district;
(D)
A boat trailer parked in a M district;
(E)
The only trailer or recreational
vehicle parked or stood on the lot in an R-6 district;
(F)
A nonpassenger type trucks associated
with a permitted business parked or stood in a C-1, C-2, C-4, HM,
GUI, M, or REC districts; or
(G)
A delivery truck parked or stood
for less than two (2) hours when being loaded or unloaded in a C-1,
C-2, or C-4 district.
(24)
The parking or standing of boats,
watercraft, houseboats, personal watercraft, or other waterborne vehicles
on any public right-of-way or lot outside of a building. It is an
affirmative defense to this section that:
(A)
The waterborne vehicle was parked,
stood or docked in an M district;
(B)
The waterborne vehicles was docked
at a private dock;
(C)
The waterborne vehicle was the only
boat parked or stood on the lot in a R-6 district;
(D)
The waterborne vehicle was parked
on a residential lot for no more than two (2) days out of any seven
(7) day period for purposes of loading and unloading.
(25)
The repair of any motor, waterborne,
or aircraft vehicle on a public right-of-way or lot (outside of a
building) with the following exceptions:
(A)
As permitted in M, AG, or AV districts;
(B)
As accessory use to a permitted business
in districts C-1 or C-2.
(26)
Uses or acts attended by nuisances
as defined herein.
(27)
The open-air (outside of a building) display of any products, materials, vehicles, boats, or equipment for sale, lease or rent (except live vegetation) except in conjunction with a permitted use in C-4 or M districts or a special use permit granted by the city council pursuant to article
30.05.
(28)
Driving a motor vehicle, as defined
by the Texas Transportation Code, excluding golf carts, across private
residential property except on residential driveways constructed of
concrete, exposed aggregate or other materials expressly approved
by the city except for permitted construction, property maintenance
or an emergency.
(29)
Operating, maintaining, or using
property as a short-term rental without a lawfully issued special
use permit.
(Ordinance 2019-02-19-03 adopted 2/19/19; Ordinance
2019-03-18-01 adopted 3/18/19)
Nuisances attending any use lawfully
existing at the time the property is annexed into the city shall be
eliminated or mitigated to the maximum extent feasible within ninety
days of the effective date hereof. Nuisances which can be rectified
solely through physical adjustments to the luminaire, such as a misaligned
shielded directional luminaire, must be correctly adjusted with no
exceptions. Other exceptions may be approved by the code official
upon review and determination that complete compliance is not feasible.
(Ordinance 2003-09-15-1, sec. 4.02, adopted 9/15/03; Ordinance 2023-09-05-02 adopted 9/5/2023)
The uses of land, buildings, and
other structures permitted in each of the districts established in
this chapter are designated by listing the principal uses. In addition
to such principal uses, accessory uses are also permitted in each
district. No accessory structure shall be erected or use permitted
prior to the construction of the principal use structure or establishment
of the principal use. Each accessory use shall:
(1)
Be incidental to the principal use
established on the same lot;
(2)
Be subordinate to and serve such
principal use;
(3)
Be intended for the comfort, convenience,
or necessity of users of such principal use;
(4)
Not be designed nor used for human
habitation except for guest and domestic quarters as provided herein;
and
(5)
Not be attended by nuisance.
(Ordinance 2003-09-15-1, sec. 4.03, adopted 9/15/03)
All lots, or parts of lots, which
are improved with a predominantly nonresidential use and whose side
or rear lines are adjacent to residential or other nonresidential
uses and not separated by a public street or roadway, shall be screened
from other uses with landscaped buffer zones in accordance with this
chapter and the provisions of the city’s development and building
ordinances.
(Ordinance 2003-09-15-1, sec. 4.04, adopted 9/15/03)
(a)
No person shall ascend or land with
any aircraft, or permit the ascending or landing of any aircraft within
the city limits of the City of Lakeway, Travis County, Texas, except
as permitted within districts zoned AV. This proscription shall not
apply to any medical helicopter nor shall it apply to emergency landings
or to military or national guard aircraft.
(b)
No construction of heliports or helipads
is permitted, except in an AV district.
(Ordinance 2003-09-15-1, sec. 4.05, adopted 9/15/03)
The only signs permitted in the city
are those which meet the requirements of the City of Lakeway’s
sign ordinance and amendments thereto, and which have received the
necessary approval.
(Ordinance 2003-09-15-1, sec. 4.06, adopted 9/15/03)
Each dwelling unit shall have concealed
solid waste containers which meet the requirements of the city building
ordinance, as amended, and which have received the necessary approval.
Each nonresidential structure shall be provided with adequate concealed
solid waste containers which meet the requirements of the city building
ordinance, as amended. The placement and screening of nonresidential
solid waste containers must be approved by the city building commission.
Properties which do not have solid waste containers that meet the
provisions of the city building ordinance must do so within six months
of the adoption of this chapter.
(Ordinance 2003-09-15-1, sec. 4.07, adopted 9/15/03)
No single-family dwelling unit, or
multiple-family dwelling unit, or condominium shall be owned by multiple
time-share ownership or multiple time-share ownership license except
in zoning district HM Hotel/Motel as provided herein.
(Ordinance 2003-09-15-1, sec. 4.08, adopted 9/15/03)
Gated communities shall be prohibited
in the City of Lakeway.
(Ordinance 2006-08-21-2, sec. 1 (rev. 5), adopted 8/21/06)
(a)
Model homes and sales trailers may
be constructed and operated as real estate sales offices if they meet
all of the following criteria:
(1)
The builder of the model home/sales
trailer owns, and intends to build on, at least 20 more residential
lots in the same subdivision.
(2)
Additional off-street parking is
made available for customers.
(3)
The model home use is terminated
after 3 years.
(4)
The sales trailer use is terminated
after one year. The zoning and planning commission may approve extensions
for extenuating circumstances.
(5)
No one lives in the house/sales trailer.
(6)
Signage is approved by the zoning
and planning commission.
(7)
Any modifications made to the home
for sales purposes must be removed, deleted, or reconstructed back
to the originally approved plans.
(b)
Approvals for model homes and sales
trailers shall be granted by the zoning and planning commission.
(Ordinance 2005-03-21-2, sec. 1 (rev. 2), adopted 3/21/05)
Editor’s note–Former section 30.04.011, pertaining to easements and building setbacks
and deriving from Ordinance 2011-04-18-06, rev. 3 (ex. B (22)), adopted
April 18, 2011, was deleted in its entirety by Ordinance 2013-02-19-04,
revision 5, adopted February 19, 2013.