Division 3.1 Land Uses by Zoning District

§ 3.1.1 General parameters for determining permitted land uses

Generally. This Division identifies the land uses that may be allowed within each of the specified zoning districts established in Section 2.1.1, Zoning Districts Established, and sets out supplemental use regulations. Uses shall not be permitted, and buildings and structures associated with such use shall not be erected, brought or moved onto a tract or parcel, structurally altered, or enlarged on a property, unless said use is permitted within the zoning district applicable to the property located within the City limits of Jonestown, and in accordance with the provisions of these regulations. Provided, however, that necessary structural repairs may be made where health and safety are endangered.

Conformity to building setback requirements, minimum lot size and width, impervious cover and height limits.

No building, structure or accessory structure shall be erected, converted or enlarged, nor shall any such existing building or structure be structurally altered or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless the same shall be done and completed in a manner to comply with this article and all applicable city codes, regulations, and ordinances, and such structure or building shall conform to the setback, building site area, height, building location and land use regulations hereinafter designated for the district in which such building, structure, or open space is located. No yard or other open space provided around any structure or building for the purpose of complying with the requirements of this article shall be considered as providing a yard or open space for a building on any other lot.

Except as otherwise specifically provided in this article, no structure shall be erected or maintained within the required building setbacks set forth herein, or which exceeds the height limits specified in the following charts except that height limits prescribed herein shall not apply to television, cellular or radio towers, church spires or belfries or elevator bulkheads.

The primary structure may be shifted up to five (5) feet into the front setback or into the rear setback for the following reasons: to avoid removing a protected tree, or to avoid a ravine or drainage easement that exists within the buildable portion of the lot. The front or rear setback, as appropriate shall be increased by an amount that corresponds to the distance that the structure extends into the front or rear setback so that the buildable area of the lot is not increased. For example, if a primary structure is located two feet into the front setback and the rear setback is 25 feet, the rear setback shall be increased by a corresponding two feet to 27 feet. The primary structure shall include attached decks, porches or patios. The location of a structure within the front or rear setback that meets the requirements of this subsection shall be approved by the building official at the time of building permit approval. Sufficient information will be provided with the building permit application, and as requested by the building official, in order for the building official to determine whether this subsection applies.

Accessory structures designed, constructed and located for a use permitted in the district, in compliance with this article and all other applicable city ordinances, are permitted as provided in this article. No accessory structure may be constructed before a main building is constructed or exist on a lot without a primary structure and shall conform to accessory structure setbacks. Fencing is not considered an accessory structure for purposes of this provision.

Up to a five percent (5%) increase in the maximum impervious cover requirement may be authorized in order to meet the minimum requirements for use of a property under this code, such as minimum parking space or sidewalk requirements. Up to a ten percent (10%) total increase in maximum impervious cover may be authorized if a professionally designed rainwater collection system is installed on the property for use of collected rainwater on the property for on-site irrigation or other non-potable uses. The rainwater collection system is not in lieu of required detention ponds or other drainage improvements, but may be applied towards impervious cover credits in the LCRA Watershed Protection requirements, as amended from time to time, as determined by LCRA. This subsection applies to nonresidential districts (GUI, O, B-1, B-2, I-1).

Only land above the six hundred eighty-five foot (685') contour may be used in calculating impervious cover.

The city is divided into sixteen (16) zoning districts, the use, height and area regulations as set out herein shall be uniform in each district.

CHART 3.1.1-1. REQUIREMENTS FOR LOTS
Zoning District	Front Setback	Side Setback	Street Side Yard Setback	Rear Setback	Minimum Lot Size (Acres)	Minimum Lot Width	Height Limit
GUI	30 ft.	Note 1	30 ft.	Note 3	2	150 ft.	30 ft.
R-R	30 ft.	25 ft.	30 ft.	30 ft.	5	150 ft.	35 ft.
R-1/M-1	30 ft.	25 ft.	30 ft.	30 ft.	1	150 ft.	28 ft.
R-2	30 ft.	25 ft.	30 ft.	30 ft.	1	150 ft.	28 ft.
R-3	30 ft.	50 ft.	30 ft.	50 ft.	4	400 ft.	35 ft.
O	30 ft.	Note 1	30 ft.	Note 3	1-1/2	150 ft.	35 ft.
B-1	30 ft.	Note 1	30 ft.	Note 3	1-1/2	150 ft.	35 ft.
B-2	30 ft.	Note 1	30 ft.	Note 3	2	150 ft.	35 ft.
M-2	30 ft.	50 ft.	30 ft.	50 ft.	4	150 ft.	28 ft.
I-1	30 ft.	Note 1	30 ft.	Note 2	1-1/2	150 ft.	30 ft.

Nonconforming lots that are less than 150 feet in width shall comply with the side setback requirements in Chart 3.1.1-3.

A PUD shall use the requirements in this chart as a baseline for design and development of a PUD as defined in Article 9. Deviations from any requirements in Chart 3.1.1-1. may be approved by a PUD in order to best meet the purpose and objectives for a PUD as defined in Article 9.

Note 1: 25 feet minimum from O, B-1, B-2, I-1, and 40 feet minimum with 6' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 2: 50 feet minimum from O, B-1, B-2, I-1, and 100 feet minimum with 6' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 3: 40 feet minimum from O, B-1, B-2, I-1, and 50 feet minimum with 6' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 4: The requirements for Minimum Lot Size must be met using land above the current 100-year floodplain elevation as defined by FEMA or Article 9. The lot area does not include any area in the 100-year floodplain, as defined by FEMA or Article 9.

Note 5: Height limits for the O, B-1, B-2, and R-1 districts pertain to structures after the effective date of this ordinance.

CHART 3.1.1-2. REQUIREMENTS FOR LOTS WITH PUBLIC SEWER
Zoning District	Front Setback	Side Setback	Street Side Yard Setback	Rear Setback	Minimum Lot Size (Acres)	Minimum Lot Width	Height Limit	Min SF
GUI	25 ft.	Note 1	20 ft.	Note 3	1/2	150 ft.	30 ft.	500
O	25 ft.	Note 1	20 ft.	Note 3	1/2	150 ft.	35 ft.	500
B-1	25 ft.	Note 1	20 ft.	Note 3	1/2	150 ft.	35 ft.	500
B-2	25 ft.	Note 1	20 ft.	Note 3	1/2	150 ft.	35 ft.	1,000
I-1	25 ft.	Note 1	20 ft.	Note 2	1	150 ft.	30 ft.	2,500
R-1	30 ft.	25 ft.	30 ft.	30 ft.	1	150 ft.	28 ft.	1,000

Note 1: 10 feet minimum from O, B-1, B-2, I-1, and 30 feet minimum with 8' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 2: 35 feet minimum from O, B-1, B-2, I-1, and 75 feet minimum with 8' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 3: 20 feet minimum from O, B-1, B-2, I-1, and 40 feet minimum with 8' fence from R-R, R-1, M-1, M-2, R-2, and R-3.

Note 4: The requirements for minimum lot size must be met using land above the current 100-year floodplain elevation as defined by FEMA. The lot area does not include any area in the 100-year floodplain, as defined by FEMA.

Note 5: Height limits for the O, B-1, B-2, and R-1 districts pertain to structures after the effective date of this ordinance.

CHART 3.1.1-3. REQUIREMENTS FOR EXISTING SUBDIVIDED LOTS THAT ARE LESS THAN ONE ACRE
Zoning District*	Front Setback	Side Setback	Side Street Setback	Rear Setback	Height Limit
GUI	20 ft.	5 ft.	10 ft.	20 ft.	35 ft.
R-1	20 ft.	5 ft.	10 ft.	20 ft.	28 ft.
R-2	20 ft.	5 ft.	10 ft.	Note 2	28 ft.
M-1 ***	20 ft.	5 ft.	10 ft.	20 ft.	28 ft.
M-2 **	30 ft.	Note 1	15 ft.	Note 2	28 ft.
O	20 ft.	Note 1	15 ft.	Note 2	35 ft.
B-1	30 ft.	Note 1	15 ft.	Note 2	35 ft.
B-2	30 ft.	Note 1	15 ft.	Note 2	35 ft.

Note 1: 10 feet minimum from O, B-1, B-2, I-1 and 10 feet minimum with 6' fence from R-R, R-1, R-2 and R-3.
Note 2: 20 feet minimum from O, B-1, B-2, I-1 and 35 feet minimum with 6' fence from R-R, R-1, R-2 and R-3.
*There are no existing subdivided lots that are less than one acre in the R-R, R-3, I-1.
**Allowed subject to federal, state and local regulations.
***Rear setback for lots 90' or less in depth shall be 10'.

CHART 3.1.1-4. SETBACKS, MINIMUM AND MAXIMUM SQUARE FOOTAGE, AND HEIGHT RESTRICTIONS FOR ACCESSORY STRUCTURES
Zoning District	Front Setback	Side Setback	Street Side Yard Setback	Rear Setback	Minimum Sq. Ft.	Maximum Sq. Ft.*	Height Limit**
R-R	30 ft.	5 ft.	30 ft.	7-1/2 ft.	80 ft.	800 ft.	12 ft.
M-1, M-2	20 ft.	5 ft.	20 ft.	7-1/2 ft.	80 ft.	800 ft.	12 ft.
R-1	20 ft.	5 ft.	20 ft.	7-1/2 ft.	80 ft.	800 ft.	12 ft.
R-2	20 ft.	5 ft.	20 ft.	7-1/2 ft.	80 ft.	800 ft.	12 ft.
R-3	20 ft.	5 ft.	20 ft.	7-1/2 ft.	80 ft.	800 ft.	12 ft.
O	Note	Note	Note	Note	80 ft.	800 ft.	12 ft.
B-1	Note	Note	Note	Note	80 ft.	800 ft.	12 ft.
B-2	Note	Note	Note	Note	80 ft.	800 ft.	12 ft.

Note: The setbacks regulations set forth in Charts 3.1.1-1 and 3.1.1-3 shall apply.
*Accessory structures located on lots that are 2 acres or less shall be no larger than 800 square feet; provided that maximum impervious cover for the lot is not exceeded. Accessory structures located on lots that are greater than 2 acres shall be no larger than 1,600 square feet; provided that maximum impervious cover for the lot is not exceeded. The maximum surface area for boat docks is set forth in Section 3.2.8.
**Accessory structures with a maximum size of 150 square feet or less must comply with the 12' height restrictions. Accessory structures between 150 and 400 square feet shall be limited to 24 feet in height. Accessory structures over 400 square feet shall not be any higher than the primary structure. Accessory structures greater than 400 square feet and all storage buildings in the O, B-1, and B-2 Districts shall be constructed of the same materials as the primary structure. Garages and carports shall cover a Paved Area for parking, be connected to a street by a paved drive, and meet the minimum building setback requirements of this article.

CHART 3.1.1-5. MINIMUM AND MAXIMUM SQUARE FOOTAGE FOR BUILDINGS AND MAXIMUM IMPERVIOUS COVER REQUIREMENTS
Zoning District	Maximum Impervious Cover	Minimum Sq. Ft. of Floor Area	Maximum Building Footprint
GUI	LCRA**	3,000 sq. ft.	N/A
R-R	40%	1,400 sq. ft. primary - 650 sq. ft. secondary	N/A
M-1, M-2	40%	650 sq. ft.	N/A
R-1	40%	1,000 sq. ft. for lots more than 6,000 sq. ft.	N/A
R-1	40%	650 sq. ft. for lots less than 6,000 sq. ft.	N/A
R-2	40%	900 sq. ft. per dwelling unit	N/A
R-3	40%	750 sq. ft. per dwelling unit	N/A
O	LCRA**	1,000 sq. ft.	45% traditional/65% LID
B-1	LCRA**	1,000 sq. ft.	45% traditional/65% LID
B-2	LCRA**	1,500 sq. ft.	45% traditional/65% LID
I-1	LCRA**	5,000 sq. ft.	45% traditional/65% LID

Note: Includes accessory structures in districts where allowed.
Note: Only land above the 685 MSL shall be used to calculate impervious cover.
Note: Open, unpaved, off-street parking and loading areas will not be considered as lot coverage under this subsection.
*Maximum building footprint of 45% of total property area if following traditional standards of water quality/impervious cover control, and a maximum building footprint of 65% of the total property area if following low impact development (LID) standards.
**LCRA - For maximum impervious cover standards refer to Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as amended.

List of Districts and permitted land uses are set out in the following sections:

Section 3.1.2, Government, Utility and Institutional Uses (GUI);

Section 3.1.3 Rural Residential District (R-R);

Section 3.1.4 Single-Family Residential District (R-1);

Section 3.1.5 Two-Family Residential District (R-2);

Section 3.1.6 Multifamily Residential District (R-3);

Section 3.1.7 Manufactured Home District (M-1);

Section 3.1.8 Manufactured Home Park District or Subdivision (M-2);

Section 3.1.9 RV Park District (RV);

Section 3.1.10 Professional and Office District (O);

10.

Section 3.1.11 Business - Light Commercial District (B-1);

11.

Section 3.1.12 Business General Commercial District (B-2);

12.

Section 3.1.13 Light Industry District (I-1);

13.

Section 3.1.14 Planned Unit Development (PUD) District;

14.

Section 3.1.15 FM-Corridor Overlay District (FM-1);

15.

Section 3.1.16 Short-Term Rental Overlay District (STR-1);

16.

Section 3.1.17 Temporary District (T).

Interpretation. Land uses are classified for each zoning district as either permitted by-right (P), conditional uses (C) or restricted (R), as set out in this subsection and as shown in the land use tables in Subsection H - Chart 3.1.1-6.

Permitted uses (P). The use is permitted by-right in the specified zoning district, subject to the standards for permitted uses that are established by these regulations and any applicable City ordinance. Permitted uses do not require additional approval to be authorized within the applicable district.

Restricted uses (R). The use is allowed in the specified zoning district, subject to the standards for permitted uses that are established by these regulations and any applicable City ordinance, and any use-specific requirements set out in Subsection H, Restricted Uses may be administratively approved by the Planning Director provided all requirements are met.

Conditional uses (C). The use requires approval by Planning and Zoning Commission and the City Council after a public hearing as set out in Section 7.2.1 to be allowed within the specified zoning district, in addition to the standards for permitted uses that are established by these regulations and any applicable City ordinance.

Prohibited uses (blank). The use is prohibited in the specified zoning district.

Principal and accessory uses. The City recognizes that multiple uses may occasionally occupy a property. These uses can be classified as Principal or Accessory, as follows:

Principal uses. The primary activity on a parcel of property is considered the Principal Use. Land uses listed in the land use tables of Section 3.1.2, Governmental, Utility, and Institutional Uses through Section 3.1.17 Temporary Uses, shall be inferred to be a "principal use" as defined by these regulations. At times, however, a principal use identified in Section 3.1.2 through Section 3.1.17 may be secondary to another principal use (e.g., a drive-in or drive-through to a food and drink establishment) and may be subject to further use restrictions in Section 3.1.18, Restricted and Conditional Uses. When more than one principal use exists or is proposed on a parcel proposed for development, each shall be permitted in the zoning district and subject to all development standards associated with each use.

Accessory uses. Uses that are typically incidental to and subordinate to but customarily associated with a specific principal use located on the same parcel of property are considered an Accessory Use. For example, a storage facility for light industrial services, a cafeteria within a hospital, or a car wash at a vehicle fueling station. The relationship among principal and accessory uses shall be determined either by definition of the principal use in these regulations or by customary association with the principal use, as determined by the Director. Accessory uses shall not be allowed without a principal use. Accessory uses shall be subject to the same regulations that apply to the principal uses in each district, except as otherwise provided in these regulations.

Unlisted Uses. It is recognized that new types of land uses may emerge, and forms of land use not presently anticipated may seek to locate to the City. The Planning Director shall make a determination as to whether a particular unlisted use may be reasonably classified as adhering to a listed use as set out in this Division.

Consideration of an unlisted use. The Planning Director shall consider an unlisted use on a case-by-case basis and either determine that the proposed unlisted use is materially similar to an existing listed use as defined in these regulations (see Article 9, Definitions), or determine that the unlisted use is not materially similar.

If the Director determines an unlisted use is materially similar to an existing listed use, such use will be authorized similar to the listed use and is subject to all of the same standards and requirements as set out in these regulations.

If the Director determines that an unlisted use is not materially similar to an existing listed use, the unlisted land use shall be considered incompatible and a prohibited use from being located within the City. If desired, a text amendment to consider the land use can be subsequently initiated by the City Council, as set out in Table 7.2.1.B, Text Amendment.

The Director may elect not to make a determination and request that the Planning and Zoning Commission interpret the unlisted use at their next regularly scheduled meeting. If the Planning and Zoning Commission renders an interpretation upon request of the Director, the Director shall adhere to and enforce the determination provided.

Unlisted use determination criteria. In considering an unlisted use, the Director, or in the event of referral, the Planning and Zoning Commission, shall take into consideration all the land development impacts the unlisted use may have including, but not limited to, parking demand, trip generation, impervious surface, regulated air or water emissions, noise, lighting, dust, odors, solid waste generation, potentially hazardous conditions, use and storage of materials, character of building and structures, nature and impacts of operation, hours of operation, volume and frequency of deliveries, utility impact, and compatibility with surrounding land uses.

Agricultural uses and operations. These regulations are not intended to restrict or impose a governmental requirement that applies to agricultural operations located in the city limits unless:

The City Council makes a finding by resolution, based (on a report described below, that there is clear and convincing evidence that the purposes of the requirement cannot be addressed through less restrictive means and that the requirement is necessary to protect persons who reside in the immediate vicinity or persons on public property in the immediate vicinity of the agricultural operation from the danger of: (i) the likelihood of an explosion; (ii) flooding; (iii) an infestation of vermin or insects; (iv) physical injury; (v) the spread of an identified disease that is directly attributable to the agricultural operation; (vi) the removal of lateral or subjacent support; (vii) an identified source of contamination of water supplies; (viii) radiation; (ix) improper storage of toxic materials; (x) crops planted or vegetation grown in a manner that will cause traffic hazards; or (xi) discharge of firearms or other weapons subject to local restrictions;

The City Council makes a finding by resolution, based on the report described in Subsection G.4, below, that the requirement is necessary to protect public health; and

The requirement is not otherwise prohibited by the statute governing limitations on city governmental requirements applicable within the city limits;

Prior to making a finding described in, above, the City Council must obtain and review a report prepared by the city health officer or a consultant that: (a) identifies evidence of the health hazards related to the agricultural operations; (b) determines the necessity of regulation and the manner in which agricultural operation should be regulated; (c) states whether each manner of regulation, above, will restrict or prohibit a generally accepted agricultural practice; and (d) if applicable, includes an explanation why the report recommends a manner of regulation that will restrict the use of a generally accepted agricultural practices.

Permitted land use tables.

Chart 3.1.1-6. of permitted uses in selected districts

X - Permitted

— or blank box means Not Permitted

C - Conditional

R - Restricted

Any uses not listed herein, are prohibited.

Business	O	B1	B2	I-1	GUI
24-hour medical clinic and safety services.		X	X
Acetylene gas storage.				X
Air-conditioning and heating sales and services,			X*
Amusement centers (indoor and outdoor) and commercial swimming pools.			X
Antique shop.		X	X
Apparel manufacturing, fur goods manufacture, not including tanning or dyeing, fabric cleaning and dyeing plants and laundries or other facilities placing a significant demand on wastewater or water treatment facilities.				X
Arts and craft supply store.		X	X
Athletic field or stadium.			X		X
Auto and marine sales, service, and repair facilities including new and used automobiles, trucks, recreational vehicles, boats and other marine motorized vehicles.			X*
Automobile and marine repair (major and minor).				X
Automobile, truck, boat and other motorized vehicle machine parts sales facilities.			X
Bakeries.		X	X
Banks and financial institutions.			X
Bar, nightclub, private club, dance hall and social club, with or without the sale of wine, beer, and mixed alcoholic beverages for on-premises consumption.			X	X
Barber and beauty shop.		X	X
Blacksmith shops, machine shops, sheet metal fabrication, metal products and welding shops.				X
Boat, boat trailer and RV storage facilities.				X
Book and office supply store.		X	X
Box, broom, and canvas goods manufacturers				X
Brick, tile, pottery or terra-cotta manufacture other than the manufacture of handcraft or concrete products.				X
Bus line shops and garages, crating express storage, expressing, baggage, and transfer delivery services				X
Business professional office.	X	X	X
Carpentry, painting, plumbing and other facilities for the skilled building trades.			X*
Carpeting and floor covering		X	X
Carwash - full or self-service.			X
Catering of food and beverage facilities.			X
Cemetery, funeral home, with crematorium, columbarium, and mausoleum.					X
Childcare center, small, intermediate or large.			X
Childcare, small and intermediate.		X	X
Child development facilities.			X
Churches with associated facilities.					X
Commercial hot tubs and swimming pool sales.			X
Contractor's yard.				X
Convenience/grocery store. The sale of beer and wine for off-premises consumption is allowed.			X*
Cultural services and community centers, public and private.			X
Dancing and music academies.			X
Delicatessen/fast food (no alcohol permitted).		X	X
Department store limited to clothing and household goods.		X	X
Dressmaking, tailoring, and shoe repair facilities.			X
Electrical and telephone substations.					X
Employee dining facilities provided they are secondary to the primary business.	X	X	X	X
Entertainment facilities - indoor or outdoor.			X
Farm implement display and sales facilities.			X
Farm or truck gardens, limited to the propagation and cultivation of plants.			X
Fine arts and craft gallery.		X	X
Fish and meat smoking and curing.				X
Florist shop.		X	X
Food and beverage products, excluding alcohol, of any kind that are not made on site, including but not limited to, ice cream, coffee, chocolate, and similar shops		X	X
Food sales or food and beverage sales, that are made on site, with the sale of wine and beer for off-premises consumption.			X
Frozen food lockers and cold storage plants.			X
Furniture store small.	C
Funeral home.			X
Garage and parking lots, commercial.			X
Garden centers, nurseries and greenhouses, with outdoor service and display.			X
Gas and petroleum storage, but not within 100 feet of a property line.				X
Gift shop.		X	X
Glass products from previously manufactured glass for wholesale distribution, emery cloth and sandpaper manufacture.				X
Greenhouses and wholesale growers.				X
Hardware stores.			X
Hatchery.				X
Health and athletic clubs.			X
Health food store.		X	X
Homebuilders.		X	X
Hospital (acute and chronic care) and hospital services privately owned.			X
Hospitals (acute and chronic care).					X
Household goods shop.		X	X
Hotels, motels, assisted living retirement facilities, boarding houses and bed and breakfast facilities. The sale of beer and wine for on-premises consumption is allowed with a conditional use permit.			X
Household appliances, electronics, and bicycle repair facilities.			X
Ice cream store.		X	X
Institutions of a religious, educational, charitable or philanthropic nature; not including any jail, penal or mental institution.			X		X
Jewelry store.		X	X
Laundry and dry-cleaning facilities.			X
Laundry and dry-cleaning substation.		X	X
Liquor store, retail, off-premises alcohol sales permitted.			X
Lumber and building materials sales and storage.			X*
Lumber and building materials sales and storage, contractor's yard.				X
Manufacture of personal cosmetics, drug and pharmaceutical products manufacturing.				X
Manufacture, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.				X
Manufacture, assembly and processing of food and beverages, excluding meat packing plants and similar processes that place a significant demand on wastewater or water treatment, but including ice cream, dairy products, ice, candy, general food processing and dehydrating, beverage bottling and distribution, packaging of honey, herbs, spices and peppers.				X
Manufacture, assembly and testing of communication equipment, medical instruments and apparatus, optics, photographic equipment and supplies, timing equipment, musical instruments and related equipment, computer components, computers, electronics and precision instruments.				X
Materials recovery facility.				X
Milk and bread distributing facilities.			X
Self-storage (must be security gated), warehouse storage, and distribution center.				X
Motion-picture or video production facilities and sound stages, printing, publishing, and bookbinding.				X
Newspaper and other written, electronic and voice communication facilities.			X
Nursing and convalescent homes, hospice, sanitariums and institutions for care of substance dependent persons privately operated.			X
Office equipment and supplies manufacturing.				X
Optical goods store.		X	X
Parks, playgrounds, greenbelts, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.					X
Pharmacy.		X	X
Photocopying and printing service and supply.		X	X
Plastic products manufacture not including the processing of raw materials, and candle manufacture.				X
Postal facilities and public utility substations.			X
Product assembly services (nonhazardous).				X
Product development services (general).				X
Product development services (no hazard).				X
Public buildings, including city occupied or owned building, libraries, museums, police and fire stations.					X
Public utility substations and distributing centers, regulation centers, and underground stations.					X
Radio and television broadcasting stations and studios, excluding radio or television broadcasting towers and wireless telecommunications facilities.			X
Recycling operation (outdoor), automobile salvage and wrecking yards.				X
Recycling operations (indoor).				X
Research services (general), engineering and development facilities or laboratories.				X
Restaurant, cafe, cafeteria, or other facility for the retail sale of food products, with the sale of wine, beer, and mixed alcoholic beverages for on-premises consumption.			X
Retail propane sales.				X
Schools, public and private, including housing, recreational and food services incidental to the school.					X
Sexually oriented business.				X
Shopping centers and shopping malls.			X
Sign shops.				X
Soap manufacture.				X
Solid waste truck garage and storage including accessory trash containers.				X
Sporting and athletic equipment manufacture.				X
Sporting goods store.		X	X
Stone, marble, and granite grinding and cutting operations.				X
Storage building as an accessory use, provided that the storage building may not be constructed before a main building is constructed or may not exist on a lot without a primary structure and shall be constructed of the same materials as the primary structure.	X	X	X
Studio for art, dance, drama, music, photography, or interior decorating.		X	X
Tar roofing or waterproofing storage.				X
Tool and die shops.				X
Toy store.		X	X
Veterinarian services and veterinary hospitals.			X
Veterinary hospital.				X
Video and CD sales and rental.		X	X
Wastewater treatment plants.					X
Water supply reservoirs, pumping plants, and water towers.					X
Wholesale and retail sales and supply businesses, including office warehouse configurations.			X
Wine and cheese shop, on-premises alcohol sales permitted.		X	X
* Subject to screening requirements set forth in the site development regulations for this district.

Any uses not listed herein are prohibited. City council may grant a conditional use permit for unlisted uses.

(Ordinance 2025-O-650 adopted 1/9/2025; Ordinance 2025-O-653 adopted 4/10/2025; Ordinance 2026-O-661 adopted 1/8/2026)

§ 3.1.2 Governmental, utility and institutional district "GUI"

Purpose. This district is intended to provide appropriate areas for uses that provide important community services often requiring large amounts of land. Uses permitted in the GUI district and other substantially similar uses generate a large amount of traffic. Land abutting a major street that can be used for access will be considered appropriate for GUI classification.

Permitted uses. See the chart of permitted uses in selected districts in Section 3.1.1.

Parks, playgrounds, greenbelts, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.

Public buildings, including city occupied or owned building, libraries, museums, police and fire stations.

Schools, public and private, including housing, recreational and food services incidental to the school.

Water supply reservoirs, pumping plants, and water towers.

Wastewater treatment plants.

Electrical and telephone substations.

Churches with associated facilities.

Hospitals (acute and chronic care), publicly or governmentally operated.

Institutions of a religious, educational, charitable or philanthropic nature; not including any jail, penal or mental institution.

10.

Nursing and convalescent homes, hospice, sanitariums and institutions for care of substance dependent persons, publicly or governmentally operated.

11.

Public utility substations and distributing centers, regulation centers, and underground stations.

Conditions and limitations. See Section 3.1.1.

Conditional uses permitted upon authorization of City Council.

Wireless telecommunications facility, subject to Section 3.1.18.

Restricted uses.

Manufactured Home used as a temporary construction office. Prior to the commencement of such use, the owner shall secure a temporary occupancy or use permit from the Planning Director of the City. The duration of the temporary use permit shall be limited to 6 months, unless extended by the Planning Director. Any extension is limited to an additional 6 months period. No manufactured home that has been previously occupied and is then more than five (5) years old, and no manufactured home that the building inspector observes to be damaged or deteriorated, may be located, placed or installed in the city after the effective date of this article unless it is first documented to the city that the manufactured home has been inspected and found to be habitable by the manufactured housing division of the state department of housing and community affairs, or an inspector licensed by that department. The inspection documentation shall be dated after the later of the date the apparent damage occurred or the date the manufactured home was last occupied.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.3 "R-R" rural residential district

Purpose and permitted uses. This district is intended to establish and preserve low-density rural residential use. This district is appropriate for selected locations where rural characteristics are desired or where terrain or public service capacities necessitate very low densities. Any uses not listed are prohibited.

Additional permitted uses.

Childcare center (small).

Boat dock, subject to Section 3.2.8.

Accessory structures which are customary and incidental to the use in this district and located on the same lot as the main residence, not involving the conduct of any business or commercial enterprise. Accessory structures may not be constructed prior to a main residence, and are subject to Section 3.1.1.

Raising of animals. The possession and raising of animals (excluding wild animals) or fowl for personal family use on a strictly noncommercial basis are allowed in the district, subject to restrictions on the maximum number of animals allowed under section 2.01.015 of the Code of Ordinances.

Private horse stable and riding stable. The stable building must be set back from all adjacent property lines at least fifty feet (50'), shall be at least one hundred feet (100') from any adjacent residence.

Private kennel.

Home-based business, subject to Section 3.2.10.

Accessory dwelling units, subject to Section 3.1.20.

A temporary construction office or sales office. Prior to the commencement of such use, the owner shall secure a temporary occupancy or use permit from the Planning Director of the city. The duration of the temporary use permit shall be limited to 6 months, unless extended by the Planning Director. Any extension is limited to an additional 6 months period.

Conditions and limitations.

The minimum lot size shall be five acres including only those lots within the boundaries of the legally approved subdivision.

Each lot shall be restricted to single-family dwelling units.

Each lot shall not have more than two residences, a primary residence and a secondary residence. The primary residence must be constructed first, before the secondary residence, if any.

Additional conditions and limitations are set forth in Section 3.1.1.

Conditional uses permitted upon authorization of city council.

Bed and breakfast, subject to Section 3.1.18.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.4 Single-family residential district "R-1"

Purpose and permitted uses. Permits detached single-family dwellings and related accessory structures.

Additional permitted uses.

Real estate sales offices during the development of a residential subdivision but not to exceed two (2) years; model homes or display dwellings with sales offices, provided that said display dwellings must be moved or converted to a permitted use within a period of two (2) years.

Temporary buildings for uses incidental to construction work on the premises, which buildings shall be removed upon the completion or abandonment of construction work.

Boat dock, subject to Section 3.2.8.

Child care center (small).

Home-based businesses, subject to Section 3.2.10.

Guest or employee quarters.

Conditional uses permitted upon authorization of City Council.

Bed and breakfast, subject to Section 3.1.18.

Group home, subject to Section 3.1.18.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Restricted uses.

Manufactured home. So long as it meets or exceeds the requirements set out in Section 3.1.7.

Manufactured home used as a temporary construction office or sales office. A temporary construction office or sales office. Prior to the commencement of such use, the owner shall secure a temporary occupancy or use permit from the Planning Director of the city. The duration of the temporary use permit shall be limited to 6 months, unless extended by the Planning Director. Any extension is limited to an additional 6 month period.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.5 Two-family residential district "R-2"

Purpose and permitted uses. Allows duplex housing not to exceed one (1) structure per acre.

Additional permitted uses.

Home-based business, subject to Section 3.2.10.

Boat dock, with only one dock per R-2 lot, subject to Section 3.2.8.

Accessory structures which are customary and incidental to the use in this district and located on the same lot as the main residence, and not involving the conduct of any business or commercial enterprise. Accessory structures may not be constructed prior to a main residence, and subject to Section 3.1.1.

Conditional uses permitted upon authorization of City Council.

Bed and breakfast, subject to Section 3.1.18.

Group home, subject to Section 3.1.18.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Restricted uses.

Manufactured Home used as a temporary construction office or sales office. A temporary construction office or sales office. Prior to the commencement of such use, the owner shall secure a temporary occupancy or use permit from the Planning Director of the city. The duration of the temporary use permit shall be limited to 6 months, unless extended by the Planning Director. Any extension is limited to an additional 6 month period.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.6 Multifamily residential district "R-3"

Purpose and permitted uses. Allows conventional and high-density apartment development.

Additional permitted uses.

Uses usually associated with apartment complexes including but not limited to swimming pools, playscapes, tennis courts, greenbelts, and other facilities for the use of the residents.

Conditional uses permitted upon authorization of City Council.

Bed and breakfast, subject to Section 3.1.18.

Marina, provided that the marina complies with all LCRA regulations and with Section 3.1.18 herein. A marina may not be located in the R-3 zoning district except in conjunction with a multiple-family dwelling development constructed before or at the same time as the marina is constructed, and such marina shall be of a size that is reasonably in proportion to the number of units in the multiple-family dwelling development. The use of slips in such marina shall be restricted to residents of the R-3 multifamily project. See also special criteria in section 3.1.18 governing marinas.

Group home, subject to Section 3.1.18.

Conditions and limitations. See Section 3.1.1.

Residential structures shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

Restricted use. Manufactured Home.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.7 Manufactured home - district "M-1"

Purpose and permitted uses. Manufactured homes may be placed on individual lots meeting this zoning classification and used for single-family occupancy only. No home shall have less than 650 square feet of living area, and shall be a minimum of 14 feet in width, and shall have no metal on the outside wall area (See above) and be no older than 5 years at the time of placement on the lot, with one single-family home per lot or space. Detached single-family dwellings built on-site and related accessory structures are also permitted, subject to the conditions and limitations and site development regulations for the R-1 single-family residential district set forth in Section 3.1.4.

Additional permitted uses.

Home-based businesses, subject to Section 3.2.10.

Boat docks, subject to Section 3.2.8.

Conditions and limitations. See Section 3.1.1. For detached single-family dwellings and related accessories, the conditions and limitations for the R-1 single-family residential district apply.

Standards.

Detached single-family dwellings and accessories shall comply with the site development regulations in this subsection and any other applicable building codes and regulations.

For manufactured homes, see the city's mobile homes and manufactured homes ordinance, Section 3.2.2 of the code, as amended.

Driveways and off-street parking shall be provided in accordance with the requirements for R-1 single-family residential district.

For manufactured homes, patio and porch covers are permitted, provided they cover an improved patio, deck, or porch, and meet the minimum building setback requirements in Section 3.1.1, Chart 3.1.1-1 or 3.1.1-3.

For manufactured homes, living area additions are permitted, provided they meet the minimum building setback requirements in Section 3.1.1, have roof and siding material that is compatible with the primary structure, and comply with the same structural standards as the primary structure.

No part of any manufactured home or any addition thereto may occupy any part of a septic system or public utility easement.

All manufactured homes brought into or relocated within the city shall be required to obtain city building permits, electrical permits, plumbing permits, mechanical permits and are subject to all required inspections as set forth in city ordinances and regulations.

A manufactured home occupying a lot in the M-1 or M-2 District, may be replaced by a manufactured home that is no more than five years old (the "replacement manufactured home"), provided that the replacement manufactured home is newer than the manufactured home that is being replaced and is at least as large in living space as the prior manufactured home. The limitation of a single replacement does not apply to a manufactured home that is replaced due to damage caused by a natural disaster, including a fire.

Restricted uses.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.8 Manufactured home park or subdivision - district "M-2"

Purpose and permitted uses. Property and areas of the city zoned "M-2" may be used and occupied as a manufactured home park. No home shall have less than 650 square feet of living area, and shall be a minimum of 14 feet in width, and shall have no metal on the outside wall area and be no older than 5 years at the time of placement on the lot, with one single-family home per lot or space. All lease spaces shall be under one ownership, operated and under the continuous control of a resident manager.

Property and areas of the city zoned M-2 may be planned, used, approved, platted and occupied as a manufactured home subdivision where lots are sold and conveyed to individual lot owners. Land and areas of the city zoned "M-2" and having an approved plat may be used for manufactured homes having a minimum of 650 square feet of living area, a minimum width of 14 feet, and be no more than 5 years old at the time of the lot or space sale, with one home per lot.

The proposed sale of any Individual lots or spaces of a manufactured home park or portion thereof, shall meet the requirements of the city subdivision ordinance prior to closing.

Additional permitted uses.

Home-based businesses, subject to Section 3.2.10.

Boat dock, subject to Section 3.2.8.

Conditional uses permitted upon authorization of City Council.

Short-term rentals, subject to Section 3.1.18 [Section 3.1.16].

Conditions and limitations. See Section 3.1.1.

Standards.

Subject to limitations as may be set forth in state or federal law, the installation, occupancy and maintenance of manufactured homes in the "M-2" district shall be subject to the same provisions as set forth in Section 3.1.7. The construction of additional living area is not permitted. The construction of garages, carports, and porches is permitted under the same conditions set forth in Section 3.1.7. Building permits for such structures are required.

Driveways and off-street parking shall be provided in accordance with the requirements for R-1 single-family residential district.

Through traffic. No through traffic shall be permitted in a manufactured home park or subdivision.

Perimeter fence. A 6' perimeter fence shall be required.

Additional storage required. Each lot or space shall have a carport equipped with a storage unit with said storage unit having a minimum floor space of 100 square feet or a two-car enclosed garage, which shall be subject to Section 3.1.1.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.9 RV park district "RV"

Purpose. The City Council finds that properly planned and operated recreational vehicle communities (i.e., recreational vehicle (RV) parks): (1) promote the safety and health of the residents of such communities and of other nearby communities; (2) encourage economical and orderly development of such communities and other nearby communities. It is, therefore, declared to be the policy of the city to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planned and supervised recreational vehicle communities by providing for the standards and regulations necessary to accomplish these purposes. This section is enacted in order to achieve orderly development of recreational vehicle parks (RV parks), to promote and develop the use of land to minimize possible impacts, and to promote the health, safety and general welfare of the public.

Permitted uses.

Property and areas of the city zoned "RV" may be used and occupied as an RV park, as defined in Article 9. All lease spaces shall be under one ownership, operated and under the continuous control of an on-site resident manager.

Property and areas of the city zoned RV may not be planned, used, approved, platted or occupied as an RV subdivision where individual RV sites lots are sold and conveyed to individual lot owners.

Applicability. This shall apply to any recreational vehicle park located or to be located within the city limits.

Definitions. See Article 9.

License.

Required. It shall be unlawful for any person to operate any RV park within the limits of the city unless he/she holds a valid license issued annually by the city in the name of such person for the specific park. The applicant shall make all applications for licenses on forms furnished by the development services department, which shall issue a license upon compliance with the provisions of this code.

Hearing on denial. Any person whose application for a license under this section has been denied may request, and shall be granted, a hearing on this matter before the city administrator.

Application for renewal. Application for renewal of a license shall be made in writing by the licensee on forms furnished by the development services department on or before January 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted.

Fee. All applications shall be accompanied by a fee as provided for in the fee schedule found in the appendix of the city Code of Ordinances.

Approval of transfer. Every person holding a license shall give notice in writing to the development services department within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of license shall be made within ten (10) calendar days after notification of change covered in this subsection. Within thirty (30) calendar days thereafter, the development services department shall act on the application for license transfer, and it shall be approved if the RV park is in compliance with the provisions of this code.

Transfer fee. All applications for license transfer shall be accompanied by a fee as provided for in the fee schedule found in the appendix of the Code of Ordinances.

Suspension.

Whenever, upon inspection of any RV park, the city finds that conditions or practices exist which are in violation of any provisions of this section applicable to such park, the city shall give notice in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the city will suspend the license and give notice of such suspension. Upon suspension of license, the licensee shall cease operation of such park.

The suspension of license may be appealed to city administrator in writing within ten days of the date of the suspension.

Inspections.

Required. The planning director, building official, code enforcement officer, fire chief, and police chief are hereby authorized and directed to make such inspections as are necessary to determine compliance with this code.

Entry on premises. The planning director, building official, code enforcement officer, fire chief, and police chief shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this code.

Location and fencing.

Recreational vehicles cannot be placed closer than ten (10) feet to the property line separating the RV park from adjoining property, measured from the nearest point of the recreational vehicle. No recreational vehicle within an RV park shall be placed closer than twenty (20) feet to any property line adjoining a single-family, townhouse, two-family or apartment residence.

A fence at least six (6) feet in height must be placed on the property line adjoining any residence (single-family structures, townhouses, duplexes, quadraplexes, apartments, etc.) to buffer the RV park from view.

Size and density. Each RV park must have a minimum size of one (1) acres, with a maximum of five (5) acres. The maximum site density for RV parks shall be twenty (20) sites per acre. Only one (1) recreational vehicle is permitted per recreational vehicle site.

Size of individual sites; pad requirements; landscaping.

Each recreational vehicle site within the RV park shall have a minimum area of one thousand nine hundred fifty (1,950) square feet and shall be at least thirty (30) feet wide and sixty-five (65) feet in depth. The sites shall be designed as pull-through for ease of entering and leaving the site. A roadway is therefore required to the front and to the rear.

The left 1/3 (10 x 65) of the site, or driver's side, must be planted with grass and other landscaping, the middle (10 x 65) must be paved with cement, and the remaining 1/3, or passenger side, can be paved with either cement or asphalt. The middle portion is to be used for the parking of the recreation vehicle, with the Paved Area on the right used as a parking and patio area.

Landscaping must be provided as set forth in Section 3.2.6 of this code. In addition, a tree of the large variety, as set forth in the list of recommended trees maintained by the city, must be planted at a minimum on every site.

Street access; street lighting.

Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have a pavement width of at least thirty (30) feet with an adequate curb radius. The internal streets shall have a pavement width (concrete or asphalt) of twenty-four (24) feet in accordance with city standards and an emergency services easement in a form acceptable to the city shall be dedicated to the city as an emergency access. The roadway width may be fifteen (15) feet if the RV park is designed for one-way roads. Each emergency access easement shall have a clear unobstructed width of twenty-four (24) feet (fifteen (15) feet if one-way) and shall have a turning area and radii a minimum of sixty (60) feet to permit free movement of emergency vehicles. Dead-end streets are not allowed.

Metal signs shall be placed along the emergency access easement, by the owner or agent of the RV park, stating that parking is prohibited. The sign type, size, height and location shall be approved by the city.

Adequate lighting for the RV park shall be provided in a manner required by Section 3.2.5 of this code for the LZ 2 lighting zone.

Required facilities.

Each RV park must have an office for the manager of the RV park, and bathroom and shower facilities, as well as laundry facilities. All facilities used by residents must be well lit inside and out during the night hours. Facilities must comply with the city's plumbing codes.

This subsection applies to RV parks that have at least twenty (20) RV sites. All RV parks that have at least twenty (20) RV sites shall have at least one (1) recreation area, located as to be free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. Not less than eight percent (8%) of the gross park area shall be devoted to recreational facilities. Recreation areas include space for community buildings and community use facilities such as adult recreation (basketball court or tennis court) and playgrounds for children, and swimming pools, but not including vehicle parking, maintenance and utility areas.

Soil and ground cover. Exposed ground surfaces in all parts of the RV park shall be paved, covered with stone, rock, or other similar solid material, or protected with a vegetative cover that is capable of preventing soil erosion and eliminating dust.

Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off site shall be obtained, if needed. The development of the RV park shall also comply with the drainage and flood control regulations set forth in Section 4.1.2 and Article 5 of this code.

Water supply. Each site within an RV park shall be provided with a connection to the public water supply. If required by state law, a permit from the Texas Commission on Environmental Quality (TCEQ) shall also be obtained. The city/water service provider and the city must approve all proposed water facility plans prior to construction. The water distribution system shall be installed as follows:

The water supply system, fixtures and other equipment must be installed in accordance with the city's plumbing codes.

A master water meter(s) shall be installed to serve the RV park. Sub-metering or re-metering of RV sites is not permitted.

A reduced pressure principal backflow preventer will be required to be placed at the property line on the discharge side of the master meter. In addition, one (1) must be placed at each of the connections for each RV site and located on the left side of the site.

Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line shall be at least three-quarters (3/4) inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A shutoff valve below the frost line shall be provided near each water riser pipe.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

The city has no maintenance responsibility for service lines within the RV park.

Wastewater facilities.

On-site sewage facilities must be designed by a licensed professional and approved by LCRA. The city must approve all proposed wastewater facility plans prior to construction.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.

Electrical service. Each site within an RV park shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the current city codes. The electrical service shall be installed as follows:

Electric metering equipment and locations(s) shall be as required by the providing utility.

The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Power supply to each site shall be a minimum of one 20-amp and one 50-amp power supply.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and power disconnects shall be located one foot above the base flood elevation.

Sanitary facilities.

Each RV park shall provide the following sanitary facilities as listed below:

One (1) toilet or stool for the female sex for every twenty (20) sites or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.

One (1) toilet or stool and one (1) urinal stall for the male sex for every twenty (20) sites or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.

One (1) washbasin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

One (1) shower shall be provided for each sex for each twenty (20) sites or fraction thereof (minimum of one (1) is required for each sex) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than two hundred (200) feet from any recreational vehicle site.

Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture-proof material to permit rapid and satisfactory cleaning, scouring and washing.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

A slop sink or basin with water supply shall be in each restroom (male and female) and at least one (1) in the laundry facility, and shall be constructed in accordance with design, size and materials approved by the building official.

Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain onto the shower floor.

Toilet floors and walls shall be of impervious material, painted white or a light color, and kept clean at all times. Shower stalls shall be of tile, plaster, cement or some other impervious material and shall be kept clean at all times. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be painted white or some light color and kept clean at all times. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be papered with canvas and wallpaper, or an equivalent washable surface, and kept clean at all times.

Storage, collection and disposal of refuse and garbage. Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every site shall be located within two hundred (200) feet of a refuse facility measured along the RV park internal roadway. If trash dumpsters are used, they shall be screened.

Permanent occupancy prohibited. No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time, except for permanent full-time employees of the RV park. Occupancy or parking of a recreational vehicle within the RV park extending beyond six (6) months in any twelve-month period shall be presumed permanent occupancy. (For example, staying in the park for three (3) months, leaving for one (1) month, and returning for three (3) months is six (6) months of occupancy.) After six (6) months of occupancy, the recreational vehicle must leave the park and cannot return until six (6) months have passed.

Telephone. A minimum of one (1) public or semipublic telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week.

Accessory structures. The individual sites within the RV park are not allowed to have accessory structures as defined herein or in the zoning ordinance. Individual sites may have an awning or temporary, portable canopy to provide shade for site occupants.

Registration of guests; on-site manager.

Each person renting a site within an RV park shall provide the following information to the owner, manager, operator or person in charge of the RV park and the owner, manager, operator, or person in charge of the RV park shall maintain a record of all of the following information:

Name.

Full address of permanent residence.

Automobile and recreational vehicle license plate number and the state in which each is registered.

Driver's license number of the owner.

The number or letter of the site being rented; and

Date of arrival and departure.

The owner, manager, operator, or person in charge of the RV park shall maintain the above information for at least a year and shall allow the city access to the information to determine compliance with this code.

Each RV park shall have an on-site resident manager.

Control of insects, rodents and other pests. Grounds, buildings and structures in the RV park shall be maintained free of the accumulation of debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a manner and within a structure approved by the fire chief and in compliance with applicable city regulations.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds.

Restricted uses.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.10 Professional and office district "O"

Purpose and permitted uses. This use is intended to provide sites for quiet, low-density professional offices where all services shall be performed inside the designated office space or building, with only outside accessory building for storage in enclosed structures allowed. The following uses and substantially similar type uses shall be permitted provided they comply with the other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Business and professional offices without retail or wholesale space or warehouses.

Storage building as an accessory use, provided that the storage building may not be constructed before a main building is constructed or may not exist on a lot without a primary structure and shall be constructed of the same materials as the primary structure.

Additional permitted uses.

Employee dining facilities provided they are secondary to the primary business.

Conditional uses permitted upon authorization of city council.

Long-term mobile food vendors, subject to Section 3.1.18.

Conditions and limitations. See Section 3.1.1.

Site development regulations.

Sidewalks and paved driveways are required.

Conformity to the FM 1431 Corridor overlay district site development regulations for any structure within the FM 1431 Corridor overlay district. See Section 3.1.15.

Restricted uses.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.11 Business - light commercial district "B-1"

Purpose and permitted uses. This district is designed to provide sites for low-density, retail businesses providing goods, services and merchandise completely contained within a building. No open air or outdoor storage is allowed in this district. The following uses and other substantially similar uses shall be permitted provided they comply with other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Antique shop.

Arts and craft supply store.

Bakery.

Bank.

Barber and beauty shop.

Book and office supply store.

Carpeting and floor covering.

Child care, small and intermediate.

China or glassware shop.

10.

Delicatessen.

11.

Department store limited to clothing and household goods.

12.

Fine arts and craft gallery.

Florist shop.

Gift shop.

Grocery.

Health food store.

Home builders.

Ice cream store.

Jewelry store.

Laundry and dry cleaning substation.

21.

24-hour medical clinic and safety services.

22.

Optical goods store.

23.

Pharmacy.

24.

Photocopying and printing service and supply.

25.

Studio for art, dance, drama, music, photography, or interior decorating.

26.

Sporting goods store.

27.

Toy store.

28.

Video and CD sales and rental.

29.

Any permitted uses in the "O" districts.

30.

Conditional uses permitted upon authorization of city council. (See Section 3.1.18.)

Group home, subject to Section 3.1.1.

Marina, provided that the marina complies with all LCRA regulations and with Section 3.1.1 herein.

Uses permitted in the R-1 District.

Long-term mobile food vendors, subject to Section 3.1.18.

Vehicle inspection station.

Conditions and limitations.

See Section 3.1.1.

Alcoholic beverage sales, on-premises and off-premises. Where allowed, alcohol sales are subject to Texas Alcoholic Beverage Commission (TABC) standards and Section 3.2.11 of this article.

Site development regulations.

Sidewalks and paved driveways shall be required.

Performance standards — light commercial district. All uses in the B-1 (light commercial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Noise. See the city's general nuisance regulations.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.12 Business - general commercial district "B-2"

Purpose and permitted uses. This district is designed to provide sites for more general and less restrictive sale of products and merchandise, by allowing larger facilities, larger parking areas, the outdoor display and sale of merchandise and products that are visible from the public roads as well as allowing accessory buildings. B-2 should be reserved for areas where the anticipated impact of the commercial use is likely to have an adverse effect on residential use of properties located in close proximity to the B-2 use. Any use provided for in district B-1 and the following uses and other substantially similar uses shall be permitted. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Air-conditioning and heating sales and services, subject to screening requirements set forth in the site development regulations for this district.

Amusement centers (indoor and outdoor) and commercial swimming pools.

Athletic field or stadium.

Auto and marine sales and repair facilities including new and used automobiles, trucks, recreational vehicles, boats and other marine motorized vehicles. (Subject to screening requirements. See site development regulations for this district.)

Automobile, truck, boat and other motorized vehicle machine parts sales facilities.

Bakeries.

Reserved.

Carpentry, painting, plumbing and other facilities for the skilled building trades, subject to the screening requirements set forth in the site development regulations for this district.

Catering of food and beverages facilities.

10.

Cemetery, funeral home and mausoleum.

11.

Child care center, small, intermediate or large.

12.

Convenience store, food sales or food and beverage sales, including the sale of wine and beer for off-premises for off-store consumption.

13.

Cultural services and community centers, public and private.

14.

Child development facilities.

15.

Commercial hot tubs and swimming pools sales.

16.

Dancing and music academies.

17.

Dressmaking, tailoring, and shoe repair facilities.

18.

Farm implement display and sales facilities.

19.

Farm or truck gardens, limited to the propagation and cultivation of plants.

20.

Food sales and food and beverage sales. The sale of wine and beer for off-premises consumption is allowed with a conditional use permit.

21.

Frozen food lockers and cold storage plants.

22.

Garage, commercial.

23.

Garden centers, nurseries and greenhouses, with outdoor service and display.

24.

Hardware stores.

25.

Health and athletic clubs.

26.

Hospital (acute and chronic care) and hospital services, privately operated. Privately operated.

27.

Hotels, motels, assisted living retirement facilities, boarding houses and bed and breakfast facilities. The sale of beer and wine for on-premises consumption is allowed with a conditional use permit.

28.

Household appliances, electronics and bicycle repair facilities.

29.

Institutions of a religious, educational, charitable or philanthropic nature; not including any jail, penal or mental institution.

30.

Laundry and dry cleaning facilities.

31.

Lumber and building materials sales and storage, subject to screening requirements set forth in the site development regulations for this district.

32.

Milk and bread distributing facilities.

33.

Newspaper and other written, electronic and voice communication facilities.

34.

Nursing and convalescent homes, hospice, sanitariums and institutions for care of substance dependent persons, privately operated.

35.

Parking lots, commercial.

36.

Postal facilities and public utility substations.

37.

Radio and television broadcasting stations and studios, excluding radio or television broadcasting towers and wireless telecommunications facilities.

38.

Restaurants, cafes, cafeterias, and other facilities for the retail sale of food products. The sale of wine, beer, and mixed alcoholic beverages are permitted.

39.

Shopping centers and shopping malls.

40.

Veterinarian services and veterinary hospitals.

41.

Wholesale and retail sales and supply businesses, including office warehouse configurations.

42.

Any permitted uses in the "O" and "B-1" districts.

43.

44.

Bar, nightclub, private club, dance hall and social club, with or without the sale of wine, beer, and mixed alcoholic beverages for on-premises consumption, subject to compliance with all TABC standards and permits.

Additional permitted uses.

Employee dining facilities, provided they are secondary to the primary business.

Conditions and limitations.

See Section 3.1.1.

Alcoholic beverage sales, on-premises and off-premises. Where allowed, alcohol sales are subject to Texas Alcoholic Beverage Commission (TABC) standards and Section 3.2.11 of this article.

Conditional uses permitted upon authorization of City Council (subject to Section 3.1.18).

Boat dock assembly.

Commercial kennels.

Circus, carnival, commercial amusement and other temporary recreational events.

Group home, subject to Section 3.1.18.

Halfway houses.

Jail, penal or mental institutions.

Marina, provided that the marina complies with all LCRA regulations and with Section 3.1.18 herein.

Large vehicle parking.

Long-term mobile food vendors, subject to Section 3.1.18.

10.

Farmer's/artisan markets.

Signs. See the city's sign regulations.

Site development regulations.

Sidewalks and paved driveways are required.

Screening requirements - Stored product or storage facilities that are visible from any street or right-of-way must be screened with a 6' privacy fence.

Performance standards — general commercial district. All uses in the B-2 (general commercial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Noise. See the city's general nuisance regulations.

Restricted uses.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.13 Light industrial - district "I-1"

Purpose and permitted uses. This district is designed to provide locations for outlets offering goods and services to a targeted segment of the general public as well as industrial users. The uses included primarily serve other commercial and industrial enterprises. The following uses and other similar uses shall be permitted, provided they comply with the other regulatory requirements contained in the code. See the chart of permitted uses in selected districts in Section 3.1.1.H.

Bar, nightclub, private club, dance hall, and social club. The sale of wine, beer, and mixed alcoholic beverages for on-premises consumption is allowed.

Manufacture, assembly and packaging of products from previously prepared material such as cloth, plastic, paper, leather, and precious or semi-precious metal or stone.

Manufacture, assembly and processing of food and beverages, excluding meat packing plants and similar processes that place a significant demand on wastewater or water treatment, but including ice cream, dairy products, ice, candy, general food processing and dehydrating, beverage bottling and distribution, packaging of honey, herbs, spices and peppers.

Manufacture, assembly and testing of communication equipment, medical instruments and apparatus, optics, photographic equipment and supplies, timing equipment, musical instruments and related equipment, computer components, computers, electronics and precision instruments.

Research services (general), engineering and development facilities or laboratories.

Motion picture or video production facilities and sound stages, printing, publishing, and bookbinding.

Tool and die shops.

Mini-storage, mini-warehouse (must be security gated) warehouse, storage and distribution center.

Sexually oriented business.

10.

Apparel manufacturing, fur goods manufacture, not including tanning or dyeing, fabric cleaning and dyeing plants and laundries or other facilities placing a significant demand on wastewater or water treatment facilities.

11.

Recycling operations (indoor).

12.

Greenhouses and wholesale growers.

13.

Office equipment and supplies manufacturing.

14.

Retail propane sales.

15.

Veterinary hospital.

16.

Blacksmith shops, machine shops, sheet metal fabrication, metal products and welding shops.

17.

Box, broom, and canvas goods manufacturers.

18.

Product assembly services (nonhazardous).

19.

Bus line shops and garages, crating express storage, expressing, baggage, and transfer delivery services.

20.

Product development services (general).

21.

Drapery and bedding manufacturers.

22.

Manufacture of personal cosmetics, drug and pharmaceutical products manufacturing.

23.

Lumber and building materials sales and storage, contractor's yard.

24.

Glass products from previously manufactured glass for wholesale distribution, emery cloth and sandpaper manufacture.

25.

Sign shops.

26.

Stone, marble, and granite grinding and cutting operations.

27.

Plastic products manufacture not including the processing of raw materials, and candle manufacture.

28.

Product development services (non-hazard).

29.

Sporting and athletic equipment manufacture.

30.

Brick, tile, pottery or terra-cotta manufacture other than the manufacture of handcraft or concrete products.

31.

Automobile and marine repair (major and minor).

32.

Boat, boat trailer and RV storage facilities.

33.

Farm and truck gardens, including the raising of chickens or the making of dairy products such as cheese.

34.

Fish and meat smoking and curing.

35.

Gas and petroleum storage, but not within 100 feet of a property line.

36.

Hatchery for fish, chickens, or other poultry, including butchering of the same.

37.

Materials recovery facility.

38.

Soap manufacture.

39.

Recycling operation (outdoor), automobile salvage, and wrecking yards.

40.

Solid waste truck garage and storage including accessory trash containers.

Additional permitted uses.

Employee dining facilities.

Conditions and limitations. See Section 3.1.1.

Alcoholic beverage sales, on-premises and off-premises. Where allowed, alcohol sales are subject to Texas Alcoholic Beverage Commission (TABC) standards and Section 3.2.11 of this article.

Conditional uses permitted upon authorization of city council (subject to Section 3.1.18).

Circus, carnival, commercial amusement and other temporary recreational events.

Long-term mobile food vendors, subject to Section 3.1.18.

Signs. See the city's sign regulations.

Site development regulations.

Sidewalks and paved driveways are required.

Performance standards - light industrial districts. All uses in the I-1 (light industrial) district shall conform in operation, location and construction to the minimum performance standards herein specified. No noise, odorous matter, toxic and noxious matter, glare, smoke, particulate matter and other air contaminants, fire, explosive and hazardous matter, and vibration shall be permitted.

Noise. Noise shall be contained to sounds that do not cause a nuisance as set out in the city's general nuisance regulations.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.14 Planned unit development district ("PUD")

Purpose. The purpose and intent of the planned unit development district is to provide a flexible, alternative procedure to encourage imaginative and innovative designs for the unified development as opposed to traditional block type subdivisions, (ii) to allow development which is harmonious with nearby areas; (iii) to enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance; (iv) to provide an alternative for more efficient use and development of property in the city consistent with this article and accepted urban planning, with overall regulations as set forth below and in accordance with the city's comprehensive plan and its supporting planning documents. All PUD Districts require approval of a Concept Plan at the time that PUD zoning is considered for approval.

Objectives. The PUD rules are designed: 1) to accommodate cluster type residential of land, resulting in smaller utility networks, safer streets, more open space, and lower construction and maintenance costs; 2) to encourage harmonious and coordinated development, considering natural features, community facilities, circulation patterns and surrounding properties and neighborhoods; 3) to facilitate the analysis of the effect of development upon the tax base, the local economy, population, public facilities and the environment; 4) to provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and 5) to require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development. Toward these ends, rezoning of land and development under this district will be permitted only in accordance with the intent and purpose of the city's comprehensive plan and this article, and to that end the PUD Concept Plan must be prepared and approved in accordance with the provisions of this article.

Mixed use development. The PUD district may include and allow for compatible mixed uses such as compatible residential, commercial, office, and/or industrial, within a single project within the boundaries of an approved Concept Plan area, in order to provide the flexibility required for a well-designed and innovative development that will conserve, develop, protect and utilize to their best use the natural resources of the area in a manner that ensures the safe, orderly and healthy development and expansion of the city. In order to promote such development, the PUD may be comprised of a combination of all the other zoning districts provided for in this article. The outer boundary of each such PUD zoning district shall be shown on a map. Said map will include a descriptive legend, the specific boundaries of the area proposed for use authorized for in any other zoning district, and percentage of the total area of such PUD which will comprise each such separate use, and all notations, references, and other information shown thereon, shall be adopted by ordinance.

Flexible planning. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, e.g., without limitation, the width and surfacing of streets and highways, lot size, parking standards, setbacks, alleyways for public utilities, signage requirements, curbs, gutters, sidewalks and streetlights, public parks and playgrounds, drainage, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, single-use districts, etc. Final approval of a PUD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. The flexibility permitted for a PUD does not imply that any standard or requirement will be varied or decreased. In particular, development standards may be more stringent than the requirements applicable to other zoning districts and any regulation that is varied or decreased within the PUD district should be accompanied by a development standard that is more restrictive to provide mitigation to adjoining land uses that may be affected by the decrease in standards.

Rules applicable. The City Council, after public hearing and proper notice to all parties affected and after recommendation from the commission, may attach a planned unit development district designation to any tract of land equal to or greater than five (5) acres. Under the planned unit development designation the following rules apply:

The approval of any proposed PUD or combination of uses proposed therein shall be subject to the discretion of the City Council, and no such approval will be inferred or implied.

Permitted uses are those listed under the applicable zoning district(s) for the base zoning to be applied to the PUD (for example, the permitted uses in a PUD proposed to be developed as a retail, commercial and office development are the respective uses listed for the commercial and office districts). In addition, a planned unit development district may be established where the principal purpose is to serve as a transitional district, or as an extension of an existing district whereby the provision of off-street parking, screening walls, fences, open space and/or planting would create a protective transition between a lesser and more restrictive district. In approving a planned unit development, additional uses may be permitted, and specific permitted uses may be prohibited from the base district.

Conditional uses are those uses listed as conditional uses under the applicable zoning districts. Those uses require the same conditional use permit required under other districts and is in addition to the grant of approval for the PUD. A marina may be permitted as a conditional use in a PUD upon authorization by the City Council and compliance with all LCRA regulations and Section 3.1.18 of this article.

Standards required by the base zoning apply in a planned unit development except that the following regulations and standards may be varied in the adoption of the planned unit development; provided that the Concept Plan is consistent with sound urban planning and good engineering practices:

Front, side and rear setbacks.

Maximum height.

Maximum lot coverage.

Floor area ratio.

Off-street parking requirements. See off-street parking and loading standards for each designated use. See Section 3.1.1.

Special district requirements pertaining to the base zoning.

Number of dwelling units per acre of land as calculated above the current 100-year flood elevation as defined by FEMA.

Accessory building regulations.

Sign regulations.

In approving a planned unit development, no standards may be modified unless such modification is expressly permitted by this article, and in no case may standards be modified when such modifications are prohibited by this article.

In approving a planned unit development, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including but not limited to, light and air, orientation, type and manner of construction, setbacks, lighting, landscaping, management associations, open space, and screening.

The commission and City Council, in approving modifications to standards and regulations, shall be guided by the purpose intended by the base zoning and general intent of this article.

Any application requesting PUD zoning shall include a list of the portions of the Code by section number that the project will not achieve and the portions of the Code that the project will exceed.

Concept plan. A Concept Plan, prepared in accordance to the requirements set out in Section 3.3.3, for the entire Project intended for development within the property to be zoned as a planned unit development district shall be considered by the commission prior to any recommendation to, or consideration by, the City Council of the planned unit development district ordinance.

Approval of the Concept Plan will determine the location and mix of proposed uses, proposed points of ingress and egress, parking spaces, sensitive environmental areas, building location, building size, footprint and height, lot coverage, yards and open spaces, landscaping, trails, no cut zones or conservation areas, screening walls or fences, topography, and other development and protective requirements, considered necessary to create a reasonable transition to, and protection of, the adjacent property.

The commission and/or City Council may approve, conditionally approve, request modifications, or deny approval of the Concept Plan with respect to:

The plan's compliance with all provisions of this article and other ordinances of the city.

The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts and the extent to which a decrease in requirements is off-set by mitigation of same.

The provision of a safe and efficient vehicular and pedestrian circulation system that includes multiple points of ingress to and egress from the PUD.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The coordination of streets so as to compose a convenient system consistent with the comprehensive plan of the city.

The use of landscaping and screening:

(1)

To provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary; and

(2)

To complement the design and location of buildings and be integrated into the overall site design.

(3)

The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

The adequacy of water, drainage, storm water detention, wastewater facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.

Site plan. Following approval of the PUD zoning and prior to the commencement of site construction or development, the property shall obtain approval of a Site Plan in accordance with Section 3.3.4. If the property will be required to obtain plat approval, the Site Plan can be approved in conjunction with approval of the Plat.

Amendments. Consideration of amendments to a planned unit development will take into consideration the effect of the proposed development on the remainder of the property, adjacent properties and the neighboring communities. Major Amendments, or changes of use, will require amendment to the Concept Plan and shall be processed and considered for approval as a zoning ordinance amendment including public hearings. Any amendments to a PUD district that includes amendments to development standards of the PUD, will be processed as zoning ordinance amendment, unless such changes are considered a Minor Amendment or are approved in conjunction with a Plat or Site Plan approval. Amendments to a Site Plan which do not trigger a rezoning process automatically amends any applicable portions of the Concept Plan.

Expiration. If development equal to at least twenty-five percent (25%) of the cost of installing streets, utilities and drainage in the PUD, or, if the PUD is approved to be developed in sections or phases, if development equal to at least fifty percent (50%) of the cost of installing streets, utilities and drainage in the first section or phase of the PUD has not occurred, on a planned unit development tract or lot within five (5) years after the date of approval, such approval shall expire; and may only be renewed after application is made therefore, notice is given and public hearings are held by the commission and City Council to evaluate the appropriateness of the previously authorized planned development approval. Any such application for renewal or extension shall be considered in the same manner, and under the same rules, regulations and ordinances then in effect, as a new application for zoning. In the event that PUD zoning expires the zoning of the property shall immediately return to the zoning in place prior to the approval of the PUD zoning.

Ordinance amendment. Every planned unit development district approved under the provisions of this article is considered an amendment of this article as to the property involved, and to the comprehensive plan. All planned unit development districts will be referenced on the zoning district map, and a list of such planned unit development districts shall be maintained as an appendix to this article.

Development standards and certificate of occupancy. All planned unit development district conditions and special regulations that differ from the Code of Ordinances shall be encompassed within an exhibit attached to the zoning ordinance creating the PUD and labeled Development Standards. All of the Code requirements, except as amended by the Development Standards, must be complied with in the PUD, or in the applicable separate section or phase, before a certificate of occupancy is issued for the use of land or any structure thereon which is part of a planned unit development district, or, if applicable, the separate section or phase being developed.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.15 FM-corridor overlay district (FM-1)

Purpose.

The City Council establishes the FM 1431 Corridor overlay district to provide for orderly development and to maximize the access to the city through a major traffic artery in a rural area.

The City Council establishes the FM 1431 Corridor overlay district to create an attractive, higher intensity use corridor composed primarily of office, retail, and commercial uses along the existing traffic artery, FM 1431, within the city.

The FM 1431 Corridor overlay district development is intended to be comprised of high-quality development projects and structures that create an environment to enhance the public image of the community, attract and maintain viable land uses, encourage long-term economic investment, and provide attractive gateways into the city.

The FM 1431 Corridor overlay district is intended to regulate the use of land to support the rural and recreational quality of life of the Texas Hill Country by promoting uses typical of a small Hill Country community.

Permitted uses. The uses permitted in the underlying zoning district shall be permitted in the FM 1431 Corridor overlay district.

Applicability. The site development regulations of this section shall apply to the construction or renovation of any building or structure located on property within the FM 1431 Corridor overlay district, except for property zoned to the R-R, R-1 or R-2 districts. Nonconforming structures located within the FM 1431 Corridor overlay district may be continued as long as otherwise lawful, subject to the Section 3.1.19.

Corridor designation. The FM 1431 Corridor overlay district shall include all property within 500 feet from the centerline of FM 1431 within the Jonestown city limits as they existed on April 28, 2005. Where a portion of tract or parcel is within 500 feet of the centerline of FM 1431, the entire tract or parcel, within the city limits, shall be zoned to the FM 1431 Corridor overlay district.

Conditions and limitations. See Section 3.1.1.

Development standards.

Definitions. For the purpose of this section, the following definitions shall apply:

Masonry construction. Shall include all construction of stone material, brick material, or stucco, which is composed of solid, cavity, faced, or veneered-wall construction. The standards for masonry construction types are listed below:

(1)

Stone material. Masonry construction using stone material which may consist of granite, marble, limestone, slate, river rock, other hard and durable stone, and manufactured stone which meets the latest version of ASTM standard C1670, Standard Specification of Adhered Manufactured Stone Masonry Veneer Units. Cut stone and dimensioned stone techniques are acceptable.

(2)

Brick material. Brick material used for masonry construction shall be hard fired (kiln fired) clay or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Solid Masonry Unit Made of Clay or Shale), and shall be severe weather (SW) grade, and type FBA or FBS or better.

(3)

Glass and metal. Means glass walls that include glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of metal, glass, or other surfacing material supported in a metal framework.

(4)

It is recommended and encouraged that the exterior color of all nonresidential structures be in keeping with the "Hill Country look" of the FM 1431 Corridor overlay district, which are matched to the following designated color palette, Benjamin Moore Williamsburg Heritage Collection, provided, however that no registered trademark shall be affected or restricted thereby.

Elevated water storage tanks and pump stations. All water storage facilities which serve the public shall be designed and painted to complement natural surroundings. All public water storage facilities shall be placed, to the extent possible, so as to have minimal negative impact on surrounding areas. The City Council shall be authorized to approve alternate color selections, if such color(s) are more compatible with surrounding areas.

Temporary construction buildings. Temporary buildings and temporary building material storage areas to be used for construction purposes may be permitted for a specific period of time in accordance with a permit issued by the building official and subject to periodic renewal by the building official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices or buildings and material storage areas shall be removed at the satisfaction of the building official.

Rooftop mechanical equipment. All rooftop mechanical equipment shall be shielded from public view.

Landscaping and sidewalk requirements.

The owner or tenant shall provide landscaping on the premises of any property within the FM 1431 Corridor overlay district in accordance with all other landscaping requirements of the city's Code of Ordinances, including, without limitation landscape materials shall be comprised of native vegetation, including nursery-propagated native species, which require minimum maintenance and irrigation.

Before the certificate of occupancy is issued, the owner or tenant shall provide pedestrian walkways within the front yard setback that connect to adjacent property lines, even if the adjacent properties are not yet developed. These walkways shall be constructed with pavers, asphalt, or concrete with an exposed aggregate or broom finish and shall be calculated as part of the impervious cover maximum limits for development.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.16 Short-term rental overlay district (STR-1)

Purpose.

The City Council establishes the short-term rental overlay district ("STR overlay district) to provide for orderly development and to maximize protection of the integrity of residential neighborhoods within the city.

The STR overlay district is intended to identify and limit those areas within the city in which conditional use permits may be issued for short-term rental uses.

Permitted uses other than short-term rentals. The uses permitted in the underlying zoning district shall be permitted in the STR overlay district.

Corridor designation. The STR overlay district shall include all property located within the areas depicted on the City Zoning Map Section 2.1.2.

Conditions and limitations. Short-term rental use shall be allowed by right in the STR overlay district so long as such use is registered and licensed pursuant to Article 4.09, short-term rentals, as that article currently exists or may hereafter be amended.

Corridor regulations. For any rental of a residence for less than thirty (30) days, a property owner who desires to rent his/her residential property, whether leased directly or subleased through another party, shall comply with the following criteria and conditions:

Recreational vehicles and trailers may not be utilized as short-term rental properties.

Functions such as weddings, parties or other type gatherings at the short-term rental shall be prohibited.

The minimum rental period for a short-term rental shall be two (2) consecutive nights.

No more than fifteen (15) people can be at the residence at any given time.

Occupancy of short-term rentals shall be based on the number of bedrooms in the residence, i.e., 1 bedroom = 4 persons; 2 bedrooms = 6 persons; 3 bedrooms = 8 persons; 4 bedrooms = 10 persons. Overnight occupancy of a short-term rental shall be limited to a maximum of ten (10) persons.

No noise before 9:00 a.m. or after 10:00 p.m. which can be heard at the residence closest to the short-term rental is allowed.

No live music before 1:00 p.m. or after 10:00 p.m.

No firepits shall be allowed.

The property owner must comply with and pay any amounts required by state hotel occupancy tax laws and any ordinance of the city requiring the payment of hotel occupancy tax. A short-term rental license under Article 4.09 shall not be renewed if the property owner fails to comply with the state hotel occupancy tax laws or city ordinance. Enforcement of fines up to two thousand dollars ($2,000.00) per occurrence if violations are found, operating without a license and/or non-payment of hotel occupancy taxes.

10.

Any complaints related to the operation of a short-term rental, including but not limited to complaints concerning noise, garbage, parking and disorderly conduct by guests, shall be reported to the city community development department and reviewed at the time of the short-term rental licensing application.

11.

No permit shall be issued for residential property subject to deed restrictions or rules promulgated by a home or property owners' association prohibiting short-term rental use. For properties subject to home or property owner association deed restrictions, or similar regulations that do not prohibit short-term rental use, short-term rental tenants shall comply with other applicable home or property owner association regulations.

12.

Subdivisions considered for approval after December 15, 2023, and located within the Short-Term Rental Overlay District shall meet the parking requirements of the underlying zoning plus two (2) additional parking spaces per lot. Such additional parking spaces will be created as community parking within the street right-of-way and shall be clustered in small groups to facilitate short-term rentals. Street right-of-way shall be expanded so that the area available within the right-of-way for vehicle ingress and egress is not diminished by the addition of such community, parking areas.

(Ordinance 2025-O-650 adopted 1/9/2025; Ordinance 2025-O-653 adopted 4/10/2025)

§ 3.1.17 Temporary district (T)

Purpose. The purpose of the temporary zoning district is to temporarily, but automatically, zone property upon annexation of the property until permanent zoning of the property can be accomplished. Any use of the property in existence at the time of annexation of the property may be continued in accordance with the regulations associated with legal nonconforming uses as set out in Section 3.1.19. No use existing within the Temporary Zoning District at the time of annexation may be expanded, unless and until permanent zoning of the property is obtained. Permanent zoning of the property shall occur according to Section 2.1.3.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.18 Conditional uses

Generally. The City Council may by ordinance, after following the same public notice, public hearing and procedures of a re-zoning application and upon approval by four (4) affirmative votes after receiving the recommendation of the commission, grant a conditional use permit in compliance with this section for the conditional uses listed in Subsection K below, or to allow conditional uses set out in the land use zoning chart, or to allow conditional uses as authorized elsewhere in the code of ordinances. The City Council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.

Initiation of application. An application for a Conditional Use Permit may be filed by the property owner(s), or a person having a contractual interest in the subject property with consent of the property owner(s).

Application requirements. The Director shall ensure that a completed application has been submitted by the applicant pursuant to Section 7.1.1, General Application Procedures, and includes the information and materials necessary for City Council to render an informed decision.

Procedures. All applications for a Conditional Use Permit shall follow the procedure set out in this Section.

Staff review. For each Conditional Use Permit request, the Director shall review the application considering the approval criteria established in Subsection E, Review Criteria, below, and may refer the application to other departments as deemed necessary. The Director shall prepare a findings report, which shall be presented to the Planning and Zoning Commission and City Council at the same public meeting as the public hearing and may also provide a recommendation.

Planning and zoning commission review.

The Planning and Zoning Commission shall hold a public hearing, pursuant to the requirements set out in Section 7.2.1 Public Hearings, and Section 7.2.2, Public Notice, on an application for a Conditional Use Permit prior to making its recommendation to City Council.

Following a public hearing, the Planning and Zoning Commission shall make a final recommendation to the City Council by an affirmative vote of a majority of the body to:

(1)

Approve the Conditional Use Permit;

(2)

Approve with conditions, pursuant to Subsection F, Conditions of Approval, below; or

(3)

Deny the Conditional Use Permit.

The Planning and Zoning Commission may table its recommendation to continue a public hearing; to obtain additional information; or for further consideration. Such postponement of the final recommendation of a Conditional Use Permit by the Planning and Zoning Commission may not exceed 40 days following the closing of a public hearing on the Conditional Use Permit.

Failure of the Planning and Zoning Commission to make a recommendation to the City Council shall be considered a recommendation for denial.

City council review.

The City Council shall hold a public hearing, pursuant to the requirements set out in Division 7.2 Public Hearings, and Section 7.2.2, Public Notice, on any Conditional Use Permit prior to making its decision.

The City Council may refer the application back to Planning and Zoning Commission for further consideration; continue a public hearing; or table the action. A continuance, or postponement, of the final decision of a Conditional Use Permit may not exceed 90 days.

Following a public hearing, the City Council shall take final action by an affirmative vote of a majority of the body, to:

(1)

Approve the Conditional Use Permit;

(2)

Approve with conditions; or

(3)

Deny the Conditional Use Permit.

Review criteria. In the review and consideration of a Conditional Use Permit, the Director, Planning and Zoning Commission and City Council shall consider the following criteria:

Compliance with zoning district regulations. The conditional use shall comply with the purpose and intent and all applicable regulations of the zoning district in which it is located.

Compliance with applicable criteria of the conditional use. The conditional use shall comply with any applicable criteria as established in this Code of Ordinances.

Impact on public. The conditional use shall not endanger, be detrimental, or otherwise adversely affect the health, safety, and welfare of the public.

Operation of existing or permitted uses. The conditional use shall not impair the operation of existing or permitted uses on the subject property or on abutting properties or be injurious to property or improvements in the immediate area.

Compatibility with nearby uses. The conditional use shall be compatible with nearby uses in the immediate area with respect to building height, bulk and scale, setbacks, open spaces, landscaping, site development, and access and circulation features.

Provision of public infrastructure. The conditional use shall ensure adequate provision of streets, water, wastewater, and other public infrastructure and utilities.

Consideration of site development. The site development of a conditional use shall effectively mitigate impacts of the conditional use on the surrounding area and abutting properties. This includes consideration of, but not limited to, drainage, landscaping, buffering and screening, traffic control, pedestrian and vehicle access and circulation, parking, loading areas, lighting, and any other impacts the use may have on the surrounding area.

Conditions of approval. Upon consideration of the review criteria, the Director and Planning and Zoning Commission may recommend, and the City Council may establish, conditions of approval, which may exceed the Applicable Criteria, and as deemed necessary to ensure compatibility with surrounding uses and to preserve the public health, safety and welfare, and to promote compliance with the review criteria set out in Subsection E, Review Criteria, above.

Effect of approval.

Affirmative approval of a Conditional Use Permit by the City Council, following the procedures set out in this Section, shall be in effect in the manner provided herein or as otherwise required by state law.

A Conditional Use Permit granted pursuant to these provisions that has not expired, shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application.

Modifications to approved conditional use permits. Once a Conditional Use Permit is approved, the project shall be built and operate in the manner specified as part of the Conditional Use Permit approval. Any modification shall require the submittal of a revised application for approval.

Expiration of conditional use permit.

Expiration. An approved Conditional Use Permit shall expire if construction has not commenced or a Site Development Plan, building permit, or Certificate of Occupancy, as required, is not issued and construction begun within two (2) years of the approval of the Conditional Use Permit or submittal date of the most recently dated application for permit or approval.

Extension. A Conditional Use Permit subject to expire may be extended by the Director for a period not to exceed one year, provided that the extension is requested prior to the expiration date.

Discontinuance. A Conditional Use Permit shall expire one year following the discontinuation of the use for which the permit was approved and issued. Any legally established pre-existing conditional use that is not being used at the effective date of these regulations shall expire one (1) year following the effective date of these regulations, if at the expiration date the conditional use remains inactive.

Revocation of approved conditional use permit. The City Council may revoke approval of a Conditional Use Permit if it is determined that:

The applicant misrepresented any material fact on the application or supporting materials;

The conditional use fails or ceases to comply with the applicable standards, criteria, or conditions for issuance of the permit;

The operation of the conditional use violates any statute, law, or regulation; or

The operation of the conditional use constitutes a real or potential threat to health, safety, or welfare to the public.

Authorized conditional uses. The following listed conditional uses and those indicated in a specific zoning district as a permitted use with a conditional use permit, and none other, may be authorized subject to the terms of this section and compliance with all conditional terms, regulations and requirements established by the City Council.

Airport, landing field, landing strip or heliport for aircraft; municipal service facilities and buildings.

Circus, carnival, commercial amusement, and other temporary recreational events:

May not be located within 300 feet of any residential district;

Shall have all temporary wiring installed in accordance with article 525 of the National Electrical Code, as amended.

Junkyards and salvage yards.

Group Home.

Radio or television broadcasting tower or station, excluding wireless telecommunications facilities.

Halfway house.

Reserved.

Bed and breakfast facilities. A person who desires to operate a bed and breakfast facility in a single-family residence shall comply with the following conditional criteria and conditions:

The number of double occupancy bedrooms in a bed and breakfast in a single-family residential structure shall not exceed one double occupancy room per 700 square feet of building area as rounded off to the nearest 1,000 square feet of the principal residential structure. Notwithstanding the preceding sentence, the maximum number of double occupancy rooms shall not exceed four.

All bedrooms shall be located within the principal residential structure.

Any bedroom shall not be rented to any particular guest for more than 30 consecutive days.

Meal service is prohibited in connection with the bed and breakfast residential use, other than breakfast service to overnight guests.

No signs are permitted on the property other than the street number for the residential structure.

A bed and breakfast residential use requires an annual city hotel, motel, rooming house license.

The bed and breakfast operator or its designee shall permanently reside on the premises to participate in the bed and breakfast residential use.

The owner of the residence must maintain a current register of all guests.

Neither the interior nor the exterior of the residence shall be structurally altered so as to change the existing residential character of the building without City approval.

If no complaints have been lodged against the property or the property owner during the preceding 12 months, the city staff may approve a renewal conditional use permit for an additional 12-month period.

If any complaints have been lodged against the property or the property owner during the preceding 12 months, the application for renewal will be referred to the planning and zoning commission for processing as a new application for a conditional use permit.

The property owner must comply with state hotel occupancy tax laws and any ordinance of the City of Jonestown requiring the payment of hotel occupancy tax. A conditional use permit under this section will not be renewed if the property owner fails to comply with the state hotel occupancy tax laws or city ordinance.

Marina. Where permitted in a district, the following special criteria shall apply to new marinas and for existing marinas which are being expanded or permanently reconfigured.

Marina construction standards will be governed by the city's building codes and regulations, Division 3.4 of this code, as amended, and applicable LCRA construction standards. Construction may not begin until a permit is secured from the LCRA. The LCRA permit and any supporting documents shall be submitted to the city building official for review before construction may begin. Inspections, both during construction and after, shall be carried out by the LCRA and the city building official, as applicable.

Minimum marina construction standards.

(1)

The roof shall be constructed of not less than 26 gauge steel, with baked-on enamel finish.

(2)

All marinas shall have sewage pump-out stations that are constructed and maintained in compliance with all local, state and federal laws.

A site plan meeting the intent and requirements of this section, and all other ordinances of the city, must be approved by the planning and zoning commission and the City Council.

A conditional use permit shall be required for new marinas, and for existing marinas which are being expanded or permanently reconfigured. The permit will automatically terminate if construction of the new marina, or the expansion or reconfiguration, is not substantially complete within two years after the permit is issued.

(1)

All representations made in an application for a conditional use permit, or in any application for construction, shall become conditions upon which the conditional use permit is issued, and the City Council may terminate the conditional use permit if the representations are false, are violated, or are not implemented.

(2)

The number of slips, the height and size, the location, and the commercial/retail services permitted, shall be established in the conditional use permit.

(3)

The maximum length of a slip at a marina is limited to 40 feet, the width is limited to 16 feet, and the maximum boat length to be moored at the marina is 38 feet. No boat may be moored outside of a slip.

(4)

No lifts shall be located at a marina other than lifts located in the individual slips to lift the boat out of the water. All watercraft maintenance, repair, sanding, painting and other types of finishing or refinishing work shall be performed in such a manner and at locations that will prevent materials, fuel, oil, sewage, paint, or other pollutants from entering the waters of Lake Travis by being carried by the wind or through runoff. No maintenance activities shall be conducted directly over the water of the lake.

(5)

The land under the marina shall be leased for a term of not less than 15 years or owned by the applicant applying for the permit.

(6)

No part of the marina including any anchor or breakwater, shall be closer than 50 feet to any boundary or property line of the lot, tract or parcel of land on which the marina is located; provided that the setback line from the end lot line that is located on shore shall be established in the permit; and provided further that anchors that will be covered by not less than 6 feet of water during low water periods may be located within 10 feet of a property line.

Lighting requirements.

(1)

All lighting for all facilities located at the marina shall be muted, shielded and directed downward. All lighting shall be installed and maintained in accordance with the approved lighting plan.

(2)

Exterior lights shall not be permitted to shine directly onto any public or private road (except straight down on to the road) or neighboring property, or where the illumination interferes with the rural, residential character of the city. The lighting plan shall be amended and the lighting plan shall be adjusted and maintained from time to time to correct any violation of this section.

(3)

Lighting other than that necessary for safety as defined by LCRA and security shall be turned off at 11:00 p.m.

(4)

The conditional use permit application shall include a lighting plan for the marina which will specify the location of the sources of lights, the maximum height of the light fixtures and the amount of light permissible at the various locations.

Noise requirements. The marina shall adopt regulations to insure that the motors on all boats moored at the marina exhaust under the water.

(1)

No exterior paging system can be used at the marina, except for emergency notification purposes. No amplified music can be used at the marina by the marina owner or the marina owner's agent unless a waiver has been granted for a special event, on a case-by-case basis, by the City Council.

(2)

The marina shall be constructed and maintained in a manner that the structures constituting the marina do not, during high wind, cause noise that will disturb persons occupying adjoining land.

Location limitations. A marina shall not be located:

(1)

Within one thousand (1,000) feet of:

(a)

Another marina.

(b)

The intake point for a public water system.

(2)

Within any cove, hollow or inlet; or

(3)

At any point at which there will be less than a 500-foot-wide segment of water area at 650 feet mean sea level elevation between the rear (water side) of the proposed marina and the opposite shoreline of the lake. Distances and elevations will be determined by a survey made by a registered professional land surveyor.

(4)

A marina may not be located in the R-3 zoning district except in conjunction with a multiple-family housing development constructed before or at the same time as the marina is constructed, and such marina shall be of a size that is reasonably in proportion to the number of units in the multiple-family housing development. The use of slips in such marina shall be restricted to residents of the multiple-family project.

No-wake zones are generally not allowed but may be approved by the City Council. A permit from LCRA is required.

Abandoned or discontinued business.

(1)

The owner(s), of any marina that is abandoned as a business operation shall, at their own expense, be required to remove all improvements and anchorage associated with the marina, on the land and on and under the water, and restore the area to its original condition, within three (3) months after the operation is abandoned or business ceases.

(2)

Should the owner(s) fail to remove the marina, or any part thereof, or to restore the property to its original condition, the city may, any time after ninety (90) days, or more, declare the marina abandoned and after giving notice to the owner(s) to dismantle and remove all improvements and anchorage, and restore the area to its original condition, may itself dismantle and remove all improvements and restore the area to its original condition and shall collect from the owner(s) the city's cost of the removal and restoration, plus interest and any costs incurred in connection with removing the improvements and anchorage, and restoring the property.

(3)

The owner(s) will be responsible for the city's attorney fees and costs, in the event the costs are referred to an attorney for collection. Further, the owner(s) contract and agree that by locating a marina on any land or water within the city, that the city may file a lien in the amount of the funds expended, and costs incurred, by the city to clear and restore the property, and to collect such amounts from the owner(s) against the land on which the marina was located.

10.

Uses permitted in the R-1 district may be allowed in the O, B-1 and B-2 districts by conditional use permit, provided that the building or structure complies with the 1431 Corridor overlay district site development regulations, if applicable, and the conditions and limitations and the site development regulations for the zoning district in which the building or structure is located.

11.

Communications facility (CF).

Purpose. The City Council hereby declares that the purposes of this subsection are to:

(1)

Protect and provide for the public health, safety and general welfare of the city and its citizens;

(2)

Establish regulations and standards for the siting of CFs and antennas that do not unreasonably discriminate among providers of equivalent services and to ensure equitable treatment of providers of such services;

(3)

Encourage the users of existing structures, support structures and antennas to collocate where possible as an alternative to new CF construction and to locate all facilities, to the extent possible, in areas where adverse impact on the community is minimal;

(4)

Encourage the joint use of CFs;

(5)

Encourage stealth design and construction of facilities, where feasible, which minimize adverse visual impacts;

(6)

Ensure compliance of all CFs with current federal, state, and local regulations; and

(7)

Enhance the ability of providers of telecommunications services to provide such services within the city safely, effectively and efficiently.

Definitions. See Article 9.

Applicability; conditional use permit required.

(1)

This subsection applies to all communication facilities including but not limited to telecommunication towers, support structures and antennas installed, built or modified (generally called "CF") supporting one or more antennas for the reception or transmission of wireless radio, television, microwave, or telephone communication or other communication by electromagnetic waves within the corporate limits of the city.

(2)

No property within the corporate limits of the city may be used for the siting and construction of a CF thereon unless the owner or authorized agent of the owner of said property shall have first obtained a CF conditional use permit. The CF conditional use permit shall be in addition to other permits otherwise required by the city's codes.

Procedure for obtaining permit.

(1)

In addition to any other materials required for a standard permit under this section or any other ordinance of the city, all applicants for permits to construct a CF or antenna shall submit the following:

(a)

Visual impact demonstrations using photo simulations of the proposed facility as it would be seen from at least five points of public view including residential areas, public rights-of-way, and public parks and other sites as deemed appropriate by the planning and zoning commission and approved by the City Council;

(b)

The general capacity of the proposed CF in terms of the number and type of antennas it is designed to accommodate;

(c)

The applicant's current overall system plan for the city documenting telecommunications facilities presently constructed or approved and future expansion plans, including a map that indicates the proposed provider's current coverage for the city and the area that the requested site would cover;

(d)

A copy of the lease or letter of authorization from the property owner evidencing applicant's authority to pursue the permit application.

(e)

A statement outlining the rationales for the particular location, design and height of the proposed CF, including documentation of all the existing sites or structures considered as alternatives to the proposed location and the reasons why those alternatives were either unavailable or not feasible; an application may not be approved unless applicant can document that the proposed CF cannot be accommodated on an existing or approved tower located within the corporate limits of the city due to:

The planned CF would exceed the structural capacity of existing and/or approved towers, considering existing and planned use of those tower(s) and the existing tower(s) cannot be reinforced to accommodate the planned CF at a reasonable costs;

ii.

The planned CF would cause radio frequency interference with other existing or planned equipment for these existing tower(s) and the interference cannot be prevented at a reasonable costs;

iii.

The existing or approved CF do not have space on which the planned CF can be placed so it can function effectively and reasonably in parity with other similar equipment in place or approved; and/or

iv.

Geographic service requirements of the planned CF.

(f)

A landscape plan drawn to scale showing proposed and existing fencing and landscaping, including type, spacing, size and irrigation methods;

(g)

A visual depiction or architect's rendering (drawn to scale) of the CF;

(h)

A site plan, drawn to scale, indicating the location and height of the CF (with associated ancillary facilities), as well as its proximity to (or distance from) buildings and to other structures on the same and adjacent properties to include a radius measured from the base of the structure of 200 feet plus the maximum height of the structure (the "fall zone"). The fall zone must remain within the boundaries of the property where the structure is located and may not encompass structures (other than the CF), public streets or utility lines;

(i)

A certification and sealed report from a state registered professional engineer stating that all structural components of the CF comply with all applicable codes and regulations including wind loads. In the case of CFs, the report should further note the extent to which the CF is designed and/or built to accommodate co-location;

(j)

A statement that the proposed support structure will be made available for collocation to other service providers at commercially reasonable rates.

(2)

Applicants, in addition to the conditional use permit fee, shall reimburse the city for actual costs incurred by the city for radio frequency evaluations, structural engineering reviews, professional fees, and/or any other services that the city may deem necessary to review and process the application.

(3)

Towers erected by a public agency for police, fire, EMS, 911 or other similar public emergency communications shall be exempt from the requirements of this section.

(4)

Within thirty (30) days of the receipt of an application for review, the Director shall either:

(a)

Inform the applicant, in writing, the specific reasons why the application is incomplete and does not meet the submittal requirements; or

(b)

Deem the application complete.

(c)

If the city informs the applicant of an incomplete application within such thirty (30) days, the overall timeframe for review is suspended until such time that the applicant fully provides the requested information.

(d)

An applicant that receives notice of an incomplete application may submit the necessary additional information to complete the application. An applicant's failure to complete the application within sixty (60) days after receipt of written notice shall be deemed withdrawn. An application withdrawn or deemed withdrawn may be resubmitted upon the filing a new application fee. All timeframes herein stated begin again upon resubmittal.

(5)

Once an application is deemed complete, the city shall schedule such application for public hearing before the planning and zoning commission and the City Council on the next available hearing date that complies with all notice requirements.

(a)

The City Council may, by ordinance, adopted by a supermajority of those members present and eligible to vote, including the mayor, after receiving the recommendation of the commission, grant a conditional use permit pertaining to CFs in compliance with this section for the conditional uses listed herein. The City Council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.

(6)

A variance granted by the board of adjustment is required for any CF which will not comply with the requirements of this section unless otherwise specified herein.

(7)

A final decision by the City Council shall be issued in writing within one hundred fifty (150) days from the date the application is deemed complete. Should the City Council deny issuance of the conditional use permit, it shall provide written findings and justifications for such denial which shall be based on the compliance or noncompliance of this applicant with this section.

Construction requirements.

(1)

All CFs shall be of monopole construction or of a stealth design, which is designed in such a way that the facility is not readily recognizable as telecommunications equipment and is virtually transparent or invisible to its surroundings.

(2)

CFs shall not be illuminated by artificial means unless required by the Federal Aviation Administration or other federal, state or city law, rule or regulation.

(3)

No CFs shall be constructed within 1,320 feet of any pre-existing or permitted CF.

(4)

The applicant shall ensure that the CF will not cause localized interference with the reception of area television or radio broadcasts, or other legally existing CFs. If on review the city finds that the CF will interfere with such reception, the city may deny the conditional use permit. If such interference occurs after the permit is issued and the problem is not corrected within 60 days, the city may revoke or modify the permit.

(5)

Construction, placement, removal or alterations of the CF and related buildings shall not be performed outside the time periods designated in Section 8.05.002(c)(5) unless it is a bona fide emergency.

Maintenance and inspection.

(1)

The owner or operator of a CF shall be responsible for the maintenance of the CF and shall maintain all buildings, structures, supporting structures, wire, fences, or ground areas used in connection with a CF in a safe condition and in good working order, as required by city building, fire, or any other applicable codes, regulations or ordinances or to standards that may be imposed by the city at the time of granting of a permit. To the extent required under a permit issued under this section, such maintenance shall include, but shall not be limited to, maintenance of the paint, landscaping, fencing, equipment enclosure, and structural integrity. If the city finds that the CF is not being properly maintained, the city will notify the owner or operator of the CF of the problem. If the owner or operator fails to correct the problem within 30 days after being notified, the city may undertake maintenance at the expense of the owner or applicant, or revoke the permit, at the city's sole option.

(2)

By applying for a conditional use permit under this section, the applicant specifically grants permission to the city, its duly authorized agents, officials, and employees to enter upon the property for which a permit is sought, after first providing a reasonable attempt to notify a person designated by the applicant, except in the event of an emergency, for the purpose of making all inspections required or authorized to be made under applicable regulations. The city may require periodic inspections of the CF to ensure structural integrity and other code compliance. Based upon the result of an inspection, the city may require repair or removal of a CF with the cost of compliance borne by the applicant/owner.

(3)

The applicant shall provide the city with a letter of certification from the design engineers indicating that the CF was constructed according to the plans submitted to the city. The letter shall be submitted within thirty (30) days of completion of the CF.

(4)

The city shall require inspections of the CF to ensure structural integrity and other code compliance at least every two (2) years. Based upon the result of an inspection, the city may require repair or removal of a CF with the cost of compliance borne by the applicant/owner. The owner of the CF shall provide the city with a certified copy of any engineer's inspection report, which includes but is not limited to:

(a)

The condition of the grounding system;

(b)

The structural integrity of the facility;

(c)

Any damage incurred since the last inspection;

(d)

The condition of the bolts; and

(e)

A plan to correct any deficiencies.

Location of facilities on or near Scenic Lake and Hill Country Vistas. CFs may be approved on or near lake and hill country vistas by special exception and only if so concealed as to be substantially invisible. The views and vistas of the lake and hill country shall not be impaired or diminished by the placement of CFs and antennae.

Height restrictions.

(1)

No new or height modified CF shall exceed 100 feet in height. However, in the event of dense vegetation or other substantial obstacles to signal propagation, facilities can extend to a height of no more than 20 percent above the average tree canopy height within 1,000 feet of the proposed facility.

(2)

CFs that simulate objects that typically occur in landscapes similar to the proposed location (except billboards, electrical transmission, or CFs) may exceed 100 feet in height if, based on the judgment of the planning and zoning commission and as approved by the City Council, it would appear in context on the landscape, is aesthetically acceptable, and would be a preferable alternative to an undisguised facility.

(3)

CFs located atop or within existing buildings or structures may result in an overall increase in height of the structure of no more than ten percent of the structure's height without the facility, or the maximum height allowed in the zoning district in which the structure is located, whichever is less; planning and zoning commission may recommend and the City Council may approve a larger increase in height where information is provided that the landscaping and aesthetics are not as impacted and such increase would be preferable to a new or undisguised facility.

New CFs and collocation.

(1)

In all applications for construction of a new CF, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities and that the cost of colocation exceeds the cost of a new facility by at least fifty percent.

(2)

Prior to the issuance of a permit for a new CF, the applicant shall demonstrate commitment to joint use as follows:

(a)

The applicant requesting the permit shall submit evidence to the city demonstrating that a genuine effort has been made to solicit additional users for the proposed new CF. Evidence of this shall include, at a minimum, copies of notices sent by registered mail, return receipt requested, to all other providers of cellular and wireless communications services within Travis County and adjacent counties, advising of the intent to construct a new CF, identifying the location, inviting the joint use and sharing of costs, and requesting a written response within fifteen business days.

(b)

The applicant shall sign an instrument, maintained by the city, agreeing to encourage and promote the joint use of CFs within the city and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying joint use of any CF where fair and just market reasonable compensation is offered for such use.

Collocation - public entity. CFs owned by entities other than governmental entities may be collocated on property owned by the city under the following conditions:

(1)

The CFs may only be attached to an existing improvement or replace an existing improvement and must follow the requirements set forth herein.

(2)

The improvement shall be capable of supporting the CF and any associated equipment and shall not interfere with the use or other operations of the city.

(3)

For antennas attached to improvements located in rights-of-way, all associated equipment must be less than thirty (30) inches in height, located underground, attached to the support structure itself, or be located in an areas outside the right-of-way.

(4)

Prior authorization for use of city property must be shown by a franchise, lease, license, permit, or other document duly executed by an authorized city representative and adopted in conformance with all applicable city regulations for the property. The granting of a franchise, lease, license, or permit is at the sole discretion of the City Council and its authorized designee and must comply with all ordinances.

(5)

The antennas and any accompanying equipment must comply with all ordinances, rules and regulations.

(6)

The applicant requesting the permit must provide a minimum amount of $500,000.00 liability insurance that covers the CF and such insurance coverage must be maintained at all times. The city must be listed as an additional insured and proof of insurance coverage must be provided to the city at the time application is made for the permit.

Indemnification. All collocation applicants who will be attaching any CF to any city-owned property, the applicant and/or owner of a CF shall expressly indemnify, protect, and hold the city harmless to the maximum extent allowed by law. No exceptions to this requirement shall be allowed.

Collocation - private property. CFs may be collocated on property owned by private entities. CFs proposed to be located on any privately owned property or structure must provide:

(1)

A copy of the lease or other agreement indicating the approval by the owner of such property or structure;

(2)

An engineer's report or other acceptable form of proof of the structural integrity of the property and/or structures the applicant intends to attach to.

(3)

All CFs attached to privately owned property or structures must comply with all requirements set forth herein or request a variance.

(4)

If a current collocated CF must be relocated due to their own circumstances or decision, such CF shall be considered an application for a new CF and must provide the information required hereunder.

(5)

If a current collocated CF must be relocated due to circumstances not within the owner of the CF's control, such CF application shall be required to provide the information set out in Subsection K.11.a. Such applications shall still be required to address construction requirements, maintenance inspections, height restrictions, insurance, signs, electronic emissions and removal.

Setback.

(1)

No new CF shall be constructed without a minimum setback equal to the fall zone, measured from the CF's base to the nearest property line.

(2)

CFs shall be setback a minimum of 500 feet from one- and two-family districts and 250 feet from any multifamily district.

(3)

No CFs shall be allowed within 3,000 feet of the 681' MSL shoreline of Lake Travis.

(4)

The City Council may allow an existing co-location CF to continue on a structure or be transferred to an existing structure that does not meet the minimum setback equal to the fall zone so long as such CF application includes engineering plans under the seal of a registered professional engineer of the state showing structural integrity that meets or exceeds the FCC, Electronic Industries Association Standard EIA-222D, structural standards for steel antenna towers and antenna supporting structures and/or the building codes for both the CF and the structure or building the CF is or shall be attached to.

Equipment shelters and CF access. No equipment shed for a CF shall exceed 750 square feet in area nor 12 feet in height. All such sheds shall be screened with vegetation or other aesthetically pleasing materials. If an equipment shed is part of a co-located CF and is or will be located on leased premises, such shed shall be built to blend in with the surrounding location. Furthermore, all such sheds and CFs shall be secured with approved fencing and a locked gate.

Signs. Unless otherwise required by state or federal law, the only signage that is permitted upon an antenna-supporting structure, equipment enclosures, or fence (if applicable) shall be: informational and for the purpose of identifying the antenna-supporting structure (such as ASR registration number), as well as the party responsible for the operation and maintenance of the facility, the party's current address and telephone number; security and safety signs; and property manager signs (if applicable). If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the CF, signs located on each side of the structure or fence shall display in large, bold contrast letters, the following "high voltage - danger," with the minimum height of each letter being four inches. No commercial messages nor any other signs beyond the signs authorized in this subsection shall be placed on any CF or related facility.

Fencing and parking.

(1)

Ground mounted accessory equipment and support structures shall be secured and enclosed with a security fence not less than six (6) feet in height.

(2)

At least one (1) off-street parking space shall be provided per CF.

(3)

The location and design of driveways and/or accesses to reach the CF from the public street shall be in conformance with the city's development requirements.

Electronic emissions and electromagnetic radiation.

(1)

Prior to commencing regular operation of the facility, all facility owners and operators must submit a certificate of compliance with all current Federal Communications Commission regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility.

(2)

All facility operators and owners must sign an agreement, to be maintained by the city, agreeing to bring facilities into compliance with any new federal, state, or local laws or regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility within 120 days of the effective date of the regulations.

Revocation of permit.

(1)

The owner or operator of any tower for which a permit is issued shall, after issuance of the permit, operate and maintain the tower in accordance with the requirements of the permit and this article.

(2)

If the owner or operator of any tower and related structures either:

(a)

Discontinues use of the tower for a period of 180 days; or

(b)

Allows the tower and related structures to deteriorate so that they are not structurally sound or usable; or

(c)

Does not remain in continuous compliance with the terms of his permit or this section; or

(d)

Permits the tower and related structures' appearance to deteriorate; or

(e)

Allows the tower and related structures to become a danger to public safety; or

(f)

Allows weeds or other vegetation to accumulate; or

(g)

Uses the site for storage or allows any accumulation of materials, then the building inspector shall revoke the permit.

(3)

Upon revocation of the permit, the owner or operator shall dismantle and remove the tower and related structures and clear the site.

Removal of facilities.

(1)

The owner of a CF shall establish a cash security fund or provide the city with an irrevocable letter of credit in a form acceptable to the city attorney in an amount which shall be determined and defined in the permit as satisfactory to secure the cost of removing the antenna, antenna array, tower, or other facility. In the event of a transfer of ownership, the seller shall be responsible for notifying the buyer of this requirement and for notifying the city of the transfer.

(2)

CFs that have, due to damage, lack of repair, or other circumstances, become unstable, lean significantly out-of-plumb, or pose a danger of collapse or falling shall be removed or brought into repair within sixty (60) days following notice given by the building official. If the CFs are not made safe or removed with sixty (60) days of notification from the city, the city may remove the CFs and place a lien on the property for the costs of the removal. The building official may order immediate action to prevent an imminent threat to public safety or property.

(3)

CF is considered abandoned after 180 days of no active communications. The CF must be removed and the site must be restored to substantially its original condition at the owner's expense within ninety (90) days from the cessation of active communications. The security fund shall be returned or the letter of credit shall be released once the site has been returned to substantially its original condition in the time indicated by the owner. In the event the owner fails to remove the CF or the city receives notice that the irrevocable letter of credit will not be renewed, the city shall be entitled to use the cash security fund or letter of credit to remove the CF. Any remaining balance in the cash security fund or the irrevocable letter of credit shall be collected by the city as a penalty for failure to remove the CF and deposited in the general fund.

Assignment of conditional use permit. The owner of a CF may assign or transfer to a subsequent purchaser of the CF the conditional use permit, with the city's prior consent. It shall be a condition of the city's consent that the new owner establish a cash security fund or provide the city with an irrevocable letter of credit in compliance with Subsection m above.

Expiration of conditional use permit. A conditional use permit for a CF shall become null, void and nonrenewable if the permitted CF is not constructed within one year of the date of issuance, provided that the conditional use permit may be extended one time for six months if construction has commenced before expiration of the initial year.

Effective date and effect on pre-existing and permitted CFs.

(1)

The requirements of this Subsection 11 apply to any CF and the expansion and/or alteration of any existing CFs; provided that an in-kind or smaller replacement of transmission equipment will require only a written notification to the city.

(2)

A CF which was in existence on the date of the original adoption of this Subsection 11 (February 26, 2009) shall not be required to be removed or relocated in order to meet the minimum distance requirements of this subsection due to subsequent platting of a residential lot nearer to the CF than the distance requirements of this subsection. However, any alteration to existing CFs shall require compliance with the applicable provisions of this code.

Commencing without permit. It shall be unlawful to commence any portion of construction of or improvement to a CF, including all associated appurtenances, until the conditional use permit has been issued and any building permits required for such work under the city's codes have been obtained.

Dish antenna. Personal dish antennas are exempt from the provision of this Subsection 11 but shall be required to abide by the following regulations to the extent they do not violate any federal regulations:

(1)

Dish antenna shall not be permitted in any front setback area or side yard setback adjacent to any roadway.

(2)

Ground mounted dish antennas mounted on masts over to six (6) feet in height shall be screened from roadways and adjacent property by a minimum six (6) foot high screening fence, evergreen hedge or masonry wall.

(3)

Dish antennas mounted on masts in excess of twelve (12) feet in height shall not be permitted on any property used for residential purposes.

(4)

Building/roof-mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area, subject to subsection (i) above.

(5)

One (1) building/roof-mounted dish antenna two meters or less in diameter is allowed per living unit, including each living unit within a multifamily building.

(6)

Building/roof-mounted dish antennas in excess of one meter in diameter mounted on residential properties shall be painted to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

(7)

Building/roof-mounted dish antennas in excess of two meters in diameter on commercial buildings shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located or be located so that they are not visible from any adjacent roadway.

Amateur or citizen's band radio antenna. Noncommercial, amateur, ham radio or citizen's band radio antenna-supporting structures; antenna or antenna arrays which are less than forty (40) feet in height in residential and neighborhood service districts are exempt from the provisions of this Subsection 11, however, any person constructing and/or operating an antenna-support structure, antenna or antenna arrays less than the height enumerated above shall, upon request from the city building official, provide evidence of a valid FCC amateur license for operation of an amateur facility. Failure to demonstrate a valid license upon request shall be cause for issuance of a code violation citation and the person shall either furnish a valid FCC license or remove the structure within fifteen (15) days of the issuance of the citation. Noncommercial, amateur, ham radio or citizen's band antenna-supporting structures, antennas or antenna arrays with a height greater than as provided herein shall be regulated in accordance with this Subsection 11.

Violations and penalty.

(1)

A person who violates any provision of this Subsection 11 is subject to prosecution for a class C misdemeanor.

(2)

The city shall also have, in addition to the penalty above described, the authority to seek temporary and permanent injunctive relief, as well as the authority to seek recovery of the city's costs, including remediation costs, through judicial action.

12.

Large vehicle parking. Where permitted, the following regulations and criteria shall apply:

Purpose. The purpose of this subsection is to authorize the use of property, where permitted in accordance with this chapter, as a parking lot for large vehicles used for a business. This section does not authorize a commercial parking lot for large vehicles; the property and the vehicles must be owned by the same person or the same business. This requirement is satisfied if the owner of the property is also an owner of the business, or vice versa. Adequate proof of compliance with this requirement must be provided at the time of application for the conditional use permit.

Limitations: location and number of vehicles. Large vehicle parking may only be allowed in the B-2 District. A maximum of vehicles per acre to be permitted on the property will be determined by council as part of each conditional use permit.

Screening. The property shall be effectively screened by a sight-obscuring fence no less than six (6) feet in height, hedges, or plantings on each side where the property adjoins a residential use or an O or B-1 District or is situated in a residential area.

Hazardous materials storage. No vehicle that stores or has stored hazardous material may be parked on the property, including but not limited to fuel tankers or vehicles rated to transport hazardous material. (e.g., no fuel tankers, or rated transport matter). No hazardous material may be stored on the property.

Parking space and parking lot design.

(1)

Parking space dimensions. Parking spaces shall have minimum dimensions of 9 feet in width by 18-1/2 feet in length.

(2)

Aisle widths. Drive aisle widths shall comply with the following standards:

Minimum Width for Specified Parking (in feet)
90°	75°	60°	45° or less
26	23	16	12.5

Note: Two-way aisles shall always require a minimum width of 26 feet.

Markings.

(1)

Each parking space shall be identified by surface markings at least 4 inches in width. Markings shall be visible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking and storage of vehicles.

(2)

One-way and two-way accesses into required parking facilities shall be identified by directional arrows.

(3)

Surfacing and maintenance. All parking areas, drive aisles, internal roadways, and loading areas for all uses shall be paved and kept in a dust-free condition at all times.

Access. Required parking spaces shall not have direct access to a street or highway. Access to required parking spaces shall be provided by on-site driveways. Parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way.

Use of required parking spaces. Parking areas shall be used solely for the parking of licensed, registered motor vehicles in operating condition. Required spaces may not be used for storage of trash dumpsters, the display of goods for sale or lease, for motor vehicle repair or service work of any kind, storage of motor homes, campers, mobile homes, or building materials, or for display or storage of vehicles for lease, sale or rent.

Additional criteria. Compliance with any additional regulations and criteria established by the City Council as a condition of granting the conditional use permit is required.

13.

Long-term mobile food vendors.

Purpose. To allow mobile food vendors (MFVs) to operate long term, as provided for and described in Article 4.08 of chapter 4 of the city code.

As provided in Section 4.08.002(h), when a long-term MFV is proposed to be located on private property along with an existing business, the property owner must apply for and receive a conditional use permit before the MFV permit can be issued. The following conditions shall apply:

(1)

The applicant must provide a written agreement between the existing business owner and the long-term MFV for utility usage and access to the business's restroom facilities by the MFV's employees.

(2)

The MFV unit location must observe all setback requirements as though the MFV was a permanent structure.

(3)

City staff may require that amenities such as multiple trash bins be provided based on the proposed use and hours of operation.

(4)

The MFV unit must be inspected by the fire marshal every six months.

14.

Farmer's/artisan market to include any criteria and conditions.

There shall be only one (1) active farmer's/artisan market in the City of Jonestown at any time.

An applicant shall submit an application for a farmer's/artisan market zoning permit using a format and method developed by the City of Jonestown. A conditional use permit zoning change fee as provided in the fee schedule shall accompany the application along with a separate permit application fee. The application shall contain the name of the responsible party.

The minimum parking spaces shall be 2.25 spaces per vendor.

The applicant shall obtain the property owner's consent to be presented in writing at the time of application for a conditional use permit zoning change.

Applicant shall ensure adequate restroom facilities are provided either on-site or by arrangement with adjacent businesses.

Applicant shall ensure utilities (i.e., water, electricity, gas, etc.) are available to service the farmer's/artisan market.

Applicant shall submit a site plan with the application meeting the intent and requirements of this, and all other ordinances of the city, and must be approved by the planning and zoning commission and the City Council. The site plan at a minimum must contain the following:

(1)

Site/property boundary.

(2)

Location of vendor booths.

(3)

Vendor parking/staging areas.

(4)

Event parking (on-site) and (off-site).

(5)

Restroom location(s).

(6)

Vendor check-in area.

(7)

Entrance and exit.

(8)

Boundary streets.

(9)

Adjacent property uses, (i.e. business, residential, etc.- zoning).

(10)

Any structures or fixtures on the site.

(11)

Indicate any street to be closed and approval from police dept; and

(12)

Other conditions of operation to consider or statements to include on the application such as written documentation of any agreements for providing restroom facilities and daily trash removal.

(13)

Locations for signage and trash containers and proof of compliance with sign ordinance.

Health inspections, as may be required, shall be conducted in accordance with state law and Travis County Health Department regulations, as amended. All itinerant vendors shall have their own individual licenses and certificates as required by the state and/or health inspector.

The location and/or use shall not create a nuisance or interfere with surrounding properties (i.e., will not interfere with a neighbor's enjoyment of his property or business).

Vendor spaces or staging areas shall not hinder or impede sidewalk, street traffic or any adjacent business parking.

City or other governmental agency may inspect market and/or vendor spaces during operation.

The applicant shall establish designated days and hours of operation which must be approved by the city in issuance of the permit (i.e., Saturday and/or Sunday, 9:00 a.m.—3:00 p.m.). Both open hours and set-up/tear-down time should be designated. A vendor shall not claim use of or occupy a vendor space except during the time the market is authorized to operate. A vendor may operate for one hour prior to and one hour following the hours of sales each day.

All required permits and/or licenses shall be readily displayed in a conspicuous area so that the general public may inspect them (i.e. sales tax permit, health permit, etc.).

The following sales shall be prohibited:

(1)

Alcohol sales.

(2)

Second-hand articles and cut-rate merchandise.

(3)

Mobile food vendors.

Items for sale shall include a statement that the merchandise offered for sale has been created or produced by the vendor. Exception: Any space in the market used by a public or non-profit organization will not be required to grow, make or process the goods themselves.

The approval of a conditional use permit establishing a farmer's/artisan market does not create a permanent right to use and is not to be construed to authorize abandonment or vacation of a public street, sidewalk or alley.

The city may terminate the farmer's/artisan market's conditional use permit at any time without notice for violations of the provisions of this section of the city code or provisions related to health, safety or sanitation.

15.

Overhead crane. Where permitted, the following regulations and criteria shall apply:

The crane shall be stored inside a building when not in use and after normal business hours.

When used outside of the building, the crane shall be used only to load and unload trucks.

No storage, in-process or finished goods materials in the area in front of the main building unless screened from the public. The screening type and height shall be approved by the City Council.

The applicant shall submit a site plan with the conditional use permit application depicting the location of the overhead crane, tracks, loading and unloading area(s), and screening.

16.

Vehicle inspection station. Where permitted, the following regulations and criteria shall apply:

Must operate only as a vehicle inspection station as defined in Article 9 of this Code and is prohibited from any other uses such as, but not limited to, changing tires, automobile repair, and collision damage repair.

No overhead doors facing FM 1431.

Protected trees must be saved in accordance with this Code.

Procedure. Before authorization of any of the above conditional uses, public notice shall be given and public hearings shall be held as provided in chapter 211, Texas Local Government Code, as amended; and after a public hearing is held by the City Council and after having received a report and recommendation from the commission concerning the effect of the proposed use on the adjacent and neighboring properties and neighborhoods, provided that a conditional use permit for a period not to exceed seven (7) calendar days may be issued by the building official for a use set forth in (3) [Subsection K.2].

Reapplication after denial of conditional use permit. For 90 days after denial of an application for a conditional use permit, no application for the same or similar conditional use on the property identified in the denied application may be submitted. Any such application that is submitted within 90 days after denial of the previous application shall be returned to the applicant with no action taken.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.19 Nonconforming uses

General policy. Nonconforming conditions are to be avoided in the use and development of land and buildings, or eliminated where now existing, whenever and wherever possible, except:

When necessary to preserve property rights established prior to the date these regulations become effective as to the property in question; and

When necessary to promote the general welfare and to protect the character of the surrounding property.

Nonconforming structures. Where a lawful structure exists on the effective date of the adoption or amendment of this article, that could not be built under the terms of this article by reason of restrictions on permitted use, area, lot coverage, height, years, its locations on the lot, or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

No such nonconforming structure may be enlarged or altered in a way, which increases its structural nonconformity, but any structure or portion thereof may be altered to decrease its structural nonconformity.

Should such nonconforming structure or nonconforming portions of a structure be damaged by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this article.

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

Nonconforming uses. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed or reconstructed.

The use of the structure shall only be changed to a use permitted in the district in which it is located.

A nonconforming use that has been discontinued may be resumed only if there has been no other use of the premises or structure since the nonconforming use was discontinued, and such use was not discontinued for a period of ninety (90) days or more.

Removal or destruction of a structure containing a nonconforming use shall eliminate the nonconforming use status. Destruction for the purpose of this subsection is defined as damage equal to one hundred percent (100%) of the replacement cost of the structure, as determined by the building inspector.

Repairs and maintenance. On any nonconforming structure, or nonconforming portion of a structure, containing a nonconforming use, repairs and maintenance shall be performed to maintain the structure in compliance with the electrical, plumbing and building codes; provided that such repairs and maintenance shall be subject to the following conditions and limitations:

No work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-loadbearing walls, fixtures, wiring or plumbing, to an extent exceeding twenty-five percent (25%) of the current replacement cost of such structure or nonconforming portion of such structure.

If fifty percent (50%) or more of the nonconforming structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

A manufactured home occupying a lot as of January 1, 2008, that is located outside of a district in which manufactured homes are authorized under this article, may be replaced one time by a newer manufactured home (the "replacement manufactured home"), provided that the replacement manufactured home is at least as large in living space as the prior manufactured home. The limitation of a single replacement does not apply to a manufactured home that is replaced due to damage caused by a natural disaster, including a fire. Use of the property for a purpose other than a manufactured home site after removal of the manufactured home shall extinguish the property owner's right to install a replacement manufactured home under this section.

(Ordinance 2025-O-650 adopted 1/9/2025)

§ 3.1.20 Accessory uses

Purpose-residential. The purpose of the residential portion of this section is to create a convenient living arrangement that allows one accessory dwelling unit on the same lot as the primary single-family dwelling unit, provided it complies with the criteria in this section.

Accessory dwelling unit criteria. An accessory dwelling unit must:

Not be less than 200 square feet or greater than 400 square feet or more than 25% of the primary dwelling, whichever is less;

Not be constructed before the construction of the primary dwelling unit;

Be owned by the same owner as the owner of the principal dwelling unit;

Be limited to one accessory dwelling unit per property;

Not be rented or sold separately from the sale or rental of the entire property;

Share the utility (i.e., water, electrical, gas) meter with the primary dwelling unit;

Share the septic system permit with the primary dwelling unit;

Be site-built and designed and constructed such that it is in keeping with the general architecture and building materials of the principal dwelling construction. Metal, prefabricated or manufactured buildings, and motor homes (RVs) are not permitted;

Have at least one additional parking space more than the spaces required for the principal dwelling unit.

10.

Meet all applicable requirements of this chapter, including maximum impervious cover standards in Chart 3.1.1-5.

11.

Meet all existing building code requirements as are required for the primary dwelling unit.

Accessory buildings and structures (except accessory dwelling units).

Generally. The construction and use of accessory buildings and structures, except accessory dwelling units, are subject to the standards of this Subsection.

General standards for all accessory buildings and structures. All accessory building and structures shall be subject to the following standards:

Timing of construction. No accessory building or structure may be erected on a lot until construction of the principal building or establishment of a principal use has commenced.

Location.

(1)

In all zoning districts, accessory buildings and structures shall meet the required setbacks as applicable; unless expressly excepted as a permitted encroachment.

(2)

Accessory buildings and structures are not allowed in easements unless written permission is given by the easement holder; such permission shall be submitted with the application for a permit.

Design. Accessory buildings and structures shall comply with the provisions set out below:

A portable storage shed is considered an accessory structure with regards to the maximum number allowed and maximum combined footprint allowed provided that it meets the following:

(1)

It meets the square footage and height requirements for the zoning district in which it is located;

(2)

It is freestanding, moveable, and has no permanent foundation;

(3)

It does not contain plumbing or electrical installations; and

(4)

It is screened from ground-level view of abutting streets and properties.

Accessory buildings or structures which are structurally attached to the principal building shall conform to all the standards of the principal building.

Accessory buildings and structures associated with nonresidential, mixed-use or apartment development shall comply with the exterior building material requirements of the principal structure. The accessory building or structure shall be finished with the same materials as the principal structure or use materials that are aesthetically compatible and complementary.

(Ordinance 2025-O-650 adopted 1/9/2025)