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.