In the construction of this code and of all ordinances passed by the city council, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the council. Words used in this code and not defined in this section shall have their ordinarily accepted meaning.
Generally.Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
Accessory building or accessory structure.A building or structure, the activity or function of which is clearly integral to, or customarily incidental and subordinate to, the permitted use of the main or principal building/structure on the same lot, such as an air-conditioning and heating unit; cabana; carport; domestic quarters; a wall used as a front-yard fence; garage; greenhouse; guesthouse; sports court; swimming pool; tool shed; wood shed; workshop; and the like. (See also the definition of structure in this section).
Accessory use.A use customarily incidental and subordinate to the primary use of the main building or to the primary use of the premises.
Aircraft.Any device that is used or intended to be used for flight in the air, including but not limited to planes, gliders, ultralight airplanes, hot-air balloons, helicopters, and parachutes.
Alcoholic beverage.Any beverage containing more than one-half of one percent alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
Amusement center or parlor.Any establishment containing one or more pool or billiard tables, pinball and electronic games offered for hire to the public.
Applicant.A person or entity who submits an application for an approval required by the city. The term shall be restricted to include only property owner(s), or a duly authorized agent and representative of the property owner, as demonstrated in writing to the city in the form of a notarized agency letter or power of attorney.
Authority of public body.A grant of authority to three or more persons as a public body confers the authority on a majority of the total membership fixed by ordinance.
Automobile service station.An establishment selling fuel for motor vehicles or performing any of the following services on motor vehicles:
(1) Lubrication and oil change;
Installing parts and accessories, including but not limited to radios, telephones, tires, batteries, brakes, mufflers;
Any minor repair or adjustment work.
Bedroom.An area of a dwelling intended primarily as sleeping quarters. The term does not include a kitchen, dining room, bathroom, living room, utility room, or closet or storage area of a dwelling.
Board of adjustment.The words “board of adjustment” and “board” mean the Board of Adjustment of the City of West Lake Hills, Texas.
Building.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 tents, awnings or vehicles situated on private property and used for purposes of a building.
Camper.A structure designed to be mounted on a motor vehicle and to provide facilities for human habitation.
Child day care facility.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.
Church.A place of worship and religious training of a recognized religion where persons regularly assemble for worship.
City.The word “city” means the City of West Lake Hills, Travis County, Texas.
City administrator, city manager, city secretary, chief of police or other city officers.The term “city administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or department shall be construed to mean the city administrator, city manager, city secretary, chief of police or such other municipal officer or department, respectively, of the City of West Lake Hills, Texas.
City council, council.Whenever the term “city council” or “council” is used, it is construed to mean the city council of the City of West Lake Hills, Texas.
Code.Whenever the term “Code” or “this Code” is referred to, without further qualification, it shall mean the Code of Ordinances, City of West Lake Hills, Texas, as designated in section
1.01.002.
A vehicle, with or without motive power, occupied as an office or for a similar permitted construction use, on a temporary basis during and for the purpose of supervising building construction. The occupancy of a commercial coach requires a special use permit.
Comprehensive plan.The plan required by Texas Local Government Code, chapter 211. The comprehensive plan is an independent, long-term plan for use and development of land within the city and in the city’s extraterritorial jurisdiction. The city’s comprehensive plan is the Master Plan for the City of West Lake Hills adopted in January, 1979, as amended.
Computation of time.Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
Contour map.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 feet within the building site area and in all areas where the slope exceeds 15 percent.
County.The words “the county” and “this county” mean Travis County, Texas.
Delegation of authority.Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.
Development.A “development” is any buildings, roads, and other structures, construction, and excavation, dredging, grading, filling and clearing or removing of vegetation.
Distilled spirits.Any alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor procured in whole or in part by the process of distillation, including all dilutions or mixtures of them.
Domestic employee quarters.An accessory dwelling 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. Such accessory dwelling shall not be permitted on lots of less than one acre. The domestic quarters shall not exceed 600 square feet in size or as approved by the city council and shall contain only one bedroom.
Drive-in service.Serving a patron while in a motor vehicle or permitting consumption of food or drink while in a motor vehicle parked on the premises of an eating establishment.
Drive-through service.Providing for the sale and pickup of merchandise, food or drink orders which are not intended to be consumed on the premises of an eating or retail sales establishment by patrons situated in a motor vehicle.
Dwelling, one-family.A detached building designed and having facilities for year-round human habitation by one family only.
Dwelling, two-family.A detached building designed and having facilities for year-round human habitation by two families each in a separate dwelling unit.
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.
Family.An individual, or two or more persons related by blood, marriage, or adoption, or a group of not to exceed three persons not all related by blood, marriage, or adoption, occupying the premises and living as a single nonprofit housekeeping unit.
Floor area, nonresidential.The sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior structural walls for the purpose of computing the maximum allowable floor area in a building unit.
Floor area, residential.The sum of the 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 building unit. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed porches.
Gender.Words of one gender include the other genders.
Guesthouse.An accessory seasonal dwelling located on the same lot as the principal building and used occasionally for habitation for guests but not for remuneration. Such accessory dwelling shall not be permitted on lots of less than one acre. The guest quarters shall not exceed 800 square feet in size and shall contain only one bedroom.
Highway or street.The width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
Home occupation.The term “home occupation” means an activity, business, profession, or occupation customarily carried on for gain in a dwelling unit, or in an accessory structure (other than a carport) to a dwelling unit, by a bona fide resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes. Home occupations must meet the criteria contained in sections
38.04.033 and
38.04.034.
A homestead as used in this chapter includes any property for which a residential homestead application has been filed with the county appraisal district.
Hospital.The term “hospital” means an establishment that offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy, and regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent.
Impervious cover.Manmade or constructed coverage of the natural ground with any structure or surface that impedes, inhibits or does not permit the absorption or passage of water into the ground or which results in the conveyance of excess water to the surrounding properties.
(1) Items that are considered to be 100% impervious include, but are not limited to:
(A) Buildings and other structures;
Parking areas, roads, streets and driveways; and
Any other manmade areas of asphalt, impermeable concrete, compacted base material, pavers or other impervious material.
Items that are considered to be 75% impervious include, but are not limited to: permeable concrete or pavement that is demonstrated by a certified engineer to minimize water runoff to adjacent areas and maximize absorption and filtration through the permeable material. Property owners wishing to use items which the property owner wishes to be calculated as 75% impervious cover shall apply for and receive approval from the city administrator prior to installation.
Items that are considered to be 50% impervious include, but are not limited to:
(A) Wooden or composite decks with gaps between the plants to allow the passage of water to the natural, permeable ground surface below the deck;
Manmade areas of loose rock or stone to be used as landscaping features that:
(i) Do not have a compacted base;
Are not used for the conveyance or storage of vehicles, machinery or equipment;
Are not located in the setbacks; and
Are sufficiently contained by edging to prevent erosion during a rain event.
Items that are not considered to be impervious include overhangs and eaves which arc over two (2) feet above the natural grade and projecting from the building no more than two (2) feet.
Industrial uses.The term “industrial uses” means those activities which are primarily devoted to manufacturing, fabricating and processing functions or other activities likely to become objectionable because of odors, noises, fumes or waste.
Joint authority.Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
Kennel, commercial.The term “commercial kennel” means any premises on which dogs are kept for sale or are boarded, trained or bred for remuneration. See section
38.04.034(d).
The word “kitchen” means a room or place having equipment for the preparation, cooking and service of food.
Lighting source.The term “lighting source” means any device which creates artificial illumination through the use of combustion, incandescence, or electrical discharge.
Liquor store.The term “liquor store” means a store selling distilled spirits for off-premises consumption only.
Lot.The word “lot” means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this code. A lot may or may not be specifically designated as such on public records. Prior to connection of utilities, an unplatted lot must be platted.
Massage therapist.The term “massage therapist” means an individual who is registered pursuant to the terms of Texas Occupations Code, chapter 455, as amended, as a massage therapist and who practices or administers massage therapy to a person of either gender for compensation.
Massage therapy.The term “massage therapy” means the manipulation of soft tissue. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body massage. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, or tub, shower, or cabinet baths. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, myo-therapy, body massage, body rub, or any derivation of those terms. Massage therapy is a health care service when the massage is for therapeutic purposes. The terms “therapy” and “therapeutic” do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law. Massage therapy does not constitute the practice of chiropractic.
Massage therapy clinic.The term “massage therapy clinic” means a place of business that offers massage therapy as a service which is performed by a massage therapist who is registered pursuant to Texas Occupations Code, chapter 455, as amended.
Massage therapy school.The term “massage therapy school” means an entity or organization with at least two registered instructors that teaches, at a minimum, the course of instruction required for registration as a massage therapist and which is registered with the department of state health services in accordance with Texas Occupations Code, chapter 455, as amended.
May.The word “may” is permissive.
Mobile home.The term “mobile home” means a structure designed for, or used as, semipermanent habitation and which is transportable on its own chassis in one or more sections and which is capable of being used without a permanent foundation.
Mobile home or recreational vehicle park.The term “mobile home or recreational vehicle park” means any area or tract of land where one or more mobile home or recreational vehicle lots or spaces are rented or held for rent.
Month.The word “month” means a calendar month.
Nonconforming use.The term “nonconforming use” means 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 the zoning ordinance.
Nuisance factor.The term “nuisance factor” means any offensive or unpleasant thing which annoys or disturbs a person of ordinary sensibility in the free use, possession, or enjoyment of his property or which endangers one’s health or life or property, such as:
(9) Electronic or atomic radiation.
Vicious, mischievous, and barking dog(s); see chapter
4.
Unlawful diversion of drainage onto adjacent property.
Unshielded yard or building lighting.
Electrical or magnetic interference.
Number.The singular includes the plural and the plural includes the singular.
Oath.The word “oath” includes affirmation.
Officers, agencies.The words “city secretary,” “chief of police” or other designations of officers, employees, departments, boards, commissions and other agencies mean the secretary, chief of police or such other officers, employees, departments, boards, commissions and agencies, respectively, of the City of West Lake Hills, Texas.
Official time standard.Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the city.
Open-air commercial amusements.The term “open-air commercial amusements” means 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.
Or, and.The term “or” may be read “and,” and the term “and” may be read “or,” if the sense requires it.
Owner.The word “owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Parking lot.The term “parking lot” means an area which contains three or more off-street parking spaces.
Parking space.The term “parking space” means an area designated for the parking of one motor vehicle which meets the requirements of the off-street parking requirements of this code.
Person.The word “person” includes an individual, firm, company, corporation, organization, society, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, executor, receiver, trustee, lessee and any other legal entity.
Preceding, following.The words “preceding” and “following” mean next before and next after, respectively.
Private sewage facility.The term “private sewage facility” means a facility for the disposal of wastewater licensed by the city under the provisions of article
18.03, division 3.
The word “property” shall mean and include real and personal property.
Quarrying.The word “quarrying” means 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.
Real property.The term “real property” shall mean and include lands, tenements and hereditaments.
Recouping investment.The term “recouping investment” means to recover an expenditure made to acquire property or other assets.
Recreational vehicle.The term “recreational vehicle” means 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.
Rehabilitation/wellness center.The term “rehabilitation/wellness center” means a part of the hospital which provides medical rehabilitation services that are designed to improve or minimize a person’s physical disabilities, maximize a person’s functional ability, or restore a person’s lost functional capacity through close coordination of services.
Restaurant, fast-food.The term “fast-food restaurant” means an eating establishment, freestanding or within a larger structure, at which food is sold for consumption on premises or for take-out. No drive-in service facilities are permitted.
Restaurant, general.The term “general restaurant” means an eating establishment, freestanding or within a larger structure, at which food is sold exclusively for consumption on premises at tables with table service.
Riding stable.The term “riding stable” means any premises on which horses are boarded or kept for training, renting or for giving riding instructions.
Roadway.The word “roadway” means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.
Setback distance.The term “setback distance” means 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.
Sexually-oriented business.The term “sexually-oriented business” means a massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Shall.The word “shall” is mandatory.
Short-term rental.Renting or leasing a dwelling or a portion of a dwelling owned by a resident of the city to a residential guest(s) by the property’s owner(s) for a period of thirty (30) consecutive days or less. Short-term rentals must meet the criteria contained in section
6.04.002 of the city code and cannot include rental of a guesthouse as defined above.
The word “sidewalk” means the portion of a street that is:
(1) Between a curb or lateral line of a roadway and the adjacent property line; and
Intended for pedestrian use.
Signature, subscription.The word “signature” or “subscription” includes any symbol executed or adopted by a person with present intention to authenticate a writing.
Site plan/final site plan.The term “site plan/final site plan” means a development plan of one or more lots showing existing and proposed infrastructure and/or improvements. Any site plan which is approved by the city council becomes a part of the permit application or zoning change request and the applicant is bound by said plan unless a modification is approved by the council.
Special use.The term “special use” means 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 herein. See section
38.04.031 et seq.
The words “the state” or “this state” mean the State of Texas.
Street.The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.
Structure.The word “structure” means anything constructed, assembled, or erected, the use of which requires location on the ground or attachment to something having location on or in the ground.
Tense.Words used in the past or present tense include the future, as well as the past and present.
Time computations.In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday.
Time standard.Whenever certain hours are named in this code they shall mean central standard time or central daylight saving time, as the case may be.
Trailer.The word “trailer” means every vehicle designed for carrying persons or property and for being drawn by a motor vehicle on the highway.
Travel trailer.The term “travel trailer” means a vehicle, other than a motor vehicle, which is designed for human habitation for recreational purposes and which may be moved upon a public highway without a special permit or chauffeur’s license, or both, without violating any provision of the vehicle code.
Vehicle.The word “vehicle” means every device by which any person or property may be propelled, moved or drawn upon a highway.
Withdrawal or to withdraw.Is an applicant’s, petitioner’s, or requestor’s voluntary recall/removal/retraction of any application, appeal, proposal, etc. from the city’s decision process. Withdrawal results in the forfeiture of any fees paid, waives and negates any right/requirement for further action by the city, and constitutes final action on an item. Withdrawal has the same effect as if an item had never been submitted.
Written or in writing.The words “written” and “in writing” include any representation of words, letters, symbols or figures, whether by writing, printing or otherwise.
Year.The word “year” means 12 consecutive months.
Zoning and planning commission.The words “zoning and planning commission” and “commission” mean the Zoning and Planning Commission of the City of West Lake Hills, Texas.
(1996 Code, sec. 1-2; Ordinance adopting Code; Ordinance 334 adopted 10/26/16; Ordinance 361 adopted 3/28/18; Ordinance 2021-013, att. C, adopted 12/8/21; Ordinance 2024-016 adopted 10/9/2024)