For the purpose of the zoning, development, and building ordinances of the city, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Any project for which a permit was issued, work was begun, but subsequently stopped and did not resume within thirty (30) days, as observed and recorded by the city, shall be considered abandoned.
To repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the code official, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
An enclosed accessory structure.
A detached accessory building with complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
A structure, the use of which is incidental and subordinate to that of the main building on the same lot, such as, but not limited to, a hangar, garage, casita, pool house, carport, gazebo, playhouse, playscape, pergola, arbor, swimming pool, spa, hot tub, patio, porch, deck, sports court, tennis court, boat houses and boat docks, and the like. In residentially zoned districts, an accessory building; shall be architecturally consistent with the main building and shall not include permanent provisions for living, sleeping, eating, cooking, and sanitation.
A use incidental and subordinate to the primary use of the main building or to the primary use of the premises.
Groundcover, turf, plant, vine, shrub, or tree which are listed in the Texas AgriLife Extension Service Guidebook Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas, but do not have a "Texas native" classification, or those which can be shown to be viable in the central Texas environment without requiring excessive water and are not classified as an invasive plant.
A facility which provides medical and/or therapeutic services related to the rehabilitation of individuals recovering from addiction.
An extension or increase in floor area or height of a building or structure sharing a common wall or floor and an internal connection to the main building or structure.
Any commercial activity, including live performances, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by emphasis on male or female genitals, buttocks, or female breasts.
An establishment which has any one or more of the following characteristics:
As one of its primary business purposes, offering for sale or rent books, magazines, periodicals or other printed matter which depict or describe "specified sexual activities" or "specified anatomical areas" as defined by the city's Sexually Oriented Businesses, article 6.04;
As one of its primary business purposes, offering for sale or rent instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products;
As one of its primary business purposes, offering for sale or rent glass smoking pipes, nebulizers, hookahs, water pipes (for smoking) and other smoking paraphernalia; or
Not allowing individuals who are under 18 years of age to enter the store or a portion of the store without a parent or guardian present.
The person empowered to act by and on behalf of the principal.
Any device that is used or intended to be used for flight in the air, including but not limited to planes, gliders, ultra light airplanes, hot air balloons, helicopters, and parachutes.
Any beverage containing more than one-half of 1% alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
Any change, addition or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
A final plat that makes minor changes or corrections to a recorded subdivision or part of a subdivision without vacating the preceding plat.
The industry standards for tree care in the United States.
The engineering design and construction drawings, prepared by a licensed Texas professional engineer, which has been granted final approval by the city.
A committee appointed, usually by the developer or homeowners' association, in a specific subdivision to review and approve all building plans with respect to the restrictive covenants (deed restrictions).
Low-intensity lighting designed to reveal architectural features and for which lighting for any other purpose is incidental.
An engineered system of backing and artificial fibers designed to look like grass.
An engineering drawing of record, prepared under the direction of a licensed Texas registered professional engineer, reflecting the actual construction of a particular project, including, but not limited to, final grading, site plan, dimensioning, elevations, locations and materials sizing and type. Also referred to as "record drawings."
A paved accessway for cars that ends in a court area with multiple garage bays in residential zoning districts in which the street facing garage bays are not the dominant architectural feature of the home.
An establishment selling fuel for motor vehicles or performing any of the following services on motor vehicles.
An establishment whose primary purpose is the sale of alcoholic beverages exclusively for consumption on-premises which derives 75% or more of its gross revenues from the on-premises sale of alcoholic beverages.
Any barrier, including but not limited to fencing, sawhorses, cones and tape, that is erected anywhere on the property or that obstructs vehicular access to a residential or commercial site across an intended path of ingress, egress, or circulation.
The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year. Also called the base flood.
The flood having a 1% chance of being equaled or exceeded in any given year.
The benchmark or elevation checkpoint shall be the nearest permanent structure (e.g., a water meter top, electric transformer pad, utility manhole cover). The benchmark should be set by the builder or architect and verified by the code official or authorized designee. This benchmark is to be denoted as 100 foot elevation mark. All elevations of structures will be related to this benchmark elevation.
A trench to channel rainwater flows which uses plants and other natural means to slow the flow of water and promote detention and absorption.
A combination of two (2) or more lots into a unit within a subdivision.
An abrupt vertical change in topography of more than twenty (20) feet with an average slope steeper than four (4) feet of rise for one (1) foot of horizontal travel.
Excavating a tunnel under the ground, without disturbing the surface. Boring within the dripline of a tree may damage its roots.
Buffer zones are undisturbed areas intended to protect waterways and aquatic resources from the short- and long-term impacts of surrounding development activities. Buffer zones shall remain free of construction, development, or other alterations except for utility and roadway crossings as approved by the city.
A department of the City of Lakeway. Employees administer and enforce the ordinances of the city, maintain all building and development records for projects throughout the city and ETJ, review and discuss all plans with applicants prior to submittal to the ZAPCO and/or council, inspect certain phases of construction, monitor all ongoing projects.
Regulations, ordinances or statutory requirements of a governmental unit relating to building construction and occupancy, adopted and administered for the protection of the public health, safety and welfare.
The building and development services department personnel certified by the International Code Council (ICC), or other authorized representatives of the city, such as contract inspection companies.
Includes lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, sand, base, concrete block, roofing materials, cans of paint and similar materials.
The authorized buildable area of a lot where structures are not prohibited by city ordinances.
A building in which is conducted the principal use of the lot on which it is situated.
Any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including but not limited to tents, awnings or vehicles situated on private property and used for purposes of a building.
The diameter of a sapling to be planted measured six (6) inches above the top of the root flare up to and including four-inch caliper size. If the caliper at six (6) inches above the top of the root flare exceeds four (4) inches, the caliper should be measured at twelve 12 inches above the top of the root flare.
A structure designed to be mounted on a motor vehicle and to provide facilities for human habitation.
The centerline of the waterway refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by (first) the centerline of low flow line, or (second) the centerline of the two-year floodplain.
A certificate issued by the city engineer upon the satisfactory completion of operations authorized by a site development or subdivision improvement permit.
A document issued by an authorized representative of an insurance company stating the types, amounts and effective dates of insurance in force for a designated insured.
A certificate authorized by the code official or authorized designee upon the satisfactory completion of operations authorized by a city building permit. Under certain circumstances, the code official may authorize a temporary certificate of occupancy for a period not to exceed 30 days. These certificates are issued by the code official.
A specialist in the care and maintenance of trees who is certified by and in good standing with the International Society of Arboriculture (ISA).
Any facility that provides care, training, education, custody, treatment, or supervision for one or more children who are not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
A commission appointed by the city council to have overall authority and responsibility to monitor and control all construction in the city.
Staff engineer or any designated representative of an engineering firm contracted by the city to provide engineering services for the city.
A certified arborist employed by the city in support of this code section.
City council members, city board members, city commissioners and city staff.
Personnel employed directly by the city or contracted by the city, including but not limited to the city manager, code official, the city engineer, or others authorized persons acting on behalf of the city in an official capacity to ensure compliance with the code.
The City of Lakeway.
The removal and disposal of trees, stumps, brush, roots, vegetation, logs, rubbish, and/or other objectionable matter from the designated or permitted area.
Attached or detached residential housing that maximizes common open space by grouping housing units to minimize individual yards and which, for each detached unit, has a minimum lot area of 7,500 square feet.
An employee of the city licensed by the state as a registered code enforcement officer.
The director of building and development services.
A measure of the appearance of a lamp's illumination, measured in degrees Kelvin.
The plan defined by the Texas Local Government Code. The comprehensive plan is an independent, long-range plan for use and development of land within the city and in the city's extraterritorial jurisdiction.
A letter from the design engineer stating that he or his designated representative, under his supervision, has conducted visits during construction and that all drainage systems and structures, sidewalks, accessible routes, stormwater detention and water quality ponds, paving, utilities, etc., were constructed according to the permitted plans, with insignificant deviation, unless noted otherwise.
Created when a developer files a condominium declaration with the county clerk that converts a parcel of land held under a single deed into a number of individual condominium estates, plus an estate that includes the common elements. In Texas, a condominium must have at least four units.
A form of real property ownership wherein an individual owns a building or separate portion of a building or airspace within a building, plus joint ownership of the common elements which include the remainder of the building and the land.
All of the written, graphic and pictorial documents prepared or assembled for describing the design, location, and physical characteristics of the elements of the project necessary for obtaining a building permit. The construction drawings shall be drawn to the scales as required by each ordinance.
Any clearing of land, excavation, or other action that would adversely affect the natural environment of the site but does not include uses in securing survey or geological data including necessary borings to ascertain subsurface conditions.
A map or plat prepared by a registered engineer, architect or land surveyor which accurately reflects the surface of the area surveyed with contour intervals of two (2) feet.
A person, firm, partnership or corporation responsible for the construction of an approved plan set. The term also includes superintendents and on-site managers.
Control points (monuments) are those that control or are used to relocate lost or obliterated property corners. Control points (monuments) are placed where they are least likely to be destroyed and where they can be conveniently used.
A small retail establishment providing for the sale of general merchandise and/or convenience goods and services such as, but not limited to, groceries, beer, gasoline, package foods, cigarettes, etc.
Travis County, Texas.
A distinct channel that can convey running water.
A zone established around a critical environmental feature in which no clearing, alteration or construction may occur.
Features which have been identified by the environment assessment or by the city to be of critical importance by the City of Lakeway to the protection of one or more environmental resources. They include but are not limited to such features as bluffs, springs, canyon rimrocks, caves, sinkholes and wetlands.
The area of soil around a tree where the minimum amount of roots considered critical to the structural stability or health of the tree are located. CRZ can be defined as a circle with a minimum radius of one foot for every one inch in trunk diameter at 4.5" above ground, or otherwise can be determined by the City Forester and/or by using the dripline of the tree
A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around.
Luminaires which have been approved under the IDSA Fixture Seal of Approval program.
The principles defined by the IDSA that exterior lighting should have a clear purpose; should be directed only where needed to minimize light trespass, glare, and light pollution; should be no brighter than necessary; should be dimmed or turned off when not needed; and should have a color temperature towards the warmer end of the spectrum.
Between the hours of sunrise and sunset.
Provisions placed in deeds to control how future landowners may or may not use the property. The City of Lakeway does not enforce deed restrictions.
A strategy to manage wildfire risk by creating three zones around a structure with different degrees of landscaping. Zone 0, from the structure to 5' out, receives the most attention and is the most intensely hardened against wildfire. Zone 1, from 5' to 30' out, and Zone 2, from 30' to 100' out, manage wildfire risk by developing fire breaks, spacing landscape elements, and selecting fire-resistant materials.
The design water volume divided by the average outflow rate.
A person who improves land, primarily through the construction of buildings, roads, or other structures, excavation, dredging, grading, filling, clearing, or removing vegetation.
Buildings, parking lots, aircraft taxiways, roads and other structures, construction, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, maintenance and installation which does not require land disturbance or result in additional impervious cover shall also not constitute development.
The tree diameter measured 4.5 feet above ground. For multi-trunked trees, DBH is calculated using the largest trunk diameter plus 1/2 the sum of all remaining trunk diameter larger than 3".
Any alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them.
An attached accessory structure located on the same lot as the principal dwelling and used for habitation of a person fully employed in domestic duties on the dwelling premises.
An area intended for restricted use on property upon which an authorized governmental agency shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or operation of any of its respective drainage systems within any of these easements. An authorized governmental agency shall at all times have the right of unobstructed ingress and egress to and from and upon the drainage easements for the purpose of constructing, reconstructing, inspecting, patrolling, and/or maintaining the system.
The outermost edge of a tree's canopy. When viewed from above, the drip line will appear as a line that follows the contour of the tree's branches. At a minimum, the drip line is a circle whose diameter is 15 times a tree's DBH.
Serving a patron food or drink while in a motor vehicle or permitting consumption of food or drink while in a motor vehicle parked on the premises.
One of the two (2) separate components of a detached building, each of which components is occupied or suitable for occupancy by only one family as a residence, and having kitchen, bath and sanitary facilities and appropriate appurtenances for such occupancy. Each of such separate components shall be deemed as one unit for the purposes of density calculation and the transfer of development rights.
A detached building designed and having facilities for year-round human habitation by one family only.
A detached building designed and having facilities for year-round human habitation by two families each in a separate dwelling unit.
A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Any building or any portion thereof which is not an "apartment house," or "lodging house," which contains one or more "dwelling units" or "guest rooms," used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.
A right given by the owner of a parcel of land to another person, public agency, or private corporation for specific and limited use of that parcel. A privilege or right of use or enjoyment granted on, above, under, or across a particular tract of land by one owner to another.
A two-dimensional representation of the design, location and dimensions of the project, or parts thereof, seen in a vertical plane viewed from a given direction.
A person duly licensed under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering in the specialty field of civil engineering.
A person duly licensed under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering in the specialty field of mechanical engineering.
A report that addresses the potential impacts on the environment of a proposed project. It should account for endangered species, existing and proposed land uses, topography, geology, soils, vegetation, critical environmental features, hazardous waste and historical significance.
A degreed biologist or geologist or degreed environmental specialist with at least five (5) years practical experience preparing environmental assessments.
Built, constructed, altered, reconstructed, poured, moved upon or any physical operations on the premises which are required for construction. Excavation, site clearance, land fill and the like shall be considered a part of erection.
The process by which the ground surface is worn away by the action of wind or water and material therefrom is carried, or is likely to be carried, across any property line in significant quantities.
Any breaking of ground on the site with heavy equipment, but does not include operations in securing survey or geological data, including necessary borings to ascertain subsurface conditions for foundations and septic systems.
The extraterritorial jurisdiction of the City of Lakeway, Texas is that land not within the corporate limits of the City of Lakeway, Texas, but land over which the city has jurisdiction by virtue of the Texas Local Government Code.
An individual, or two or more persons related by blood, marriage, or adoption, or a group of not to exceed three (3) persons not all related by blood, marriage, or adoption, occupying the premises and living as a single not for profit housekeeping unit.
A structure functioning as a boundary, barrier, or enclosure, usually made of posts, boards, wire, rails, or masonry which surrounds, closes in, separates or closes off.
The filing date is the date the applicant submits a complete application, as required by an ordinance, including all required fees and copies, to the city.
The chief of the fire department or his designated representative that provides fire code inspections, code enforcement actions, hazardous material responses and firefighting services to the city.
Travis County Emergency Services District No. 6 (Lake Travis Fire Rescue) or other applicable department.
An industry-standard approach to wildfire protection sponsored by the National Fire Protection Association. The approach includes guidance for wildfire risk assessment, case studies, toolkits, and educational material.
A plant which is not susceptible to ignition or with a high resin content or density that burns readily, listed on the Northwest Austin Community Association (NWACA) Firewise Plant List with a Firewise Flammability rating of "Low."
Any device capable of discharging a projectile through a barrel using the energy generated by an explosive charge or burning substance or any device readily convertible to such use or any device capable of discharging a projectile through a barrel using the energy generated by compressed air, including without limitation, an air gun, bb gun, or toy gun.
The usual and ordinary meaning and shall include but not be limited to the following: firecrackers, roman candles, sparklers, torpedoes, bombs, skyrockets, buzz bombs, atomic wings, aerial flash salutes, and trail blazers.
An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
A temporary rise in lake or stream water level that results in inundation of areas not ordinarily covered by water.
See base flood elevation.
See base flood elevation.
A body of land susceptible to flooding from any source.
The channel of a watercourse and portions of the adjoining floodplain which are reasonably required to carry and discharge the regulatory flood.
The sum of the heated and air conditioned horizontal areas of each story of the building measured from the exterior faces of the exterior structural walls for the purpose of computing the minimum allowable floor area in a residential dwelling unit. The floor area measurement is exclusive of areas of unfinished attics, attached garages, breezeways and covered porches.
A luminaire for which all emitted light is projected below the horizontal plane. This includes direct light from the luminaire and diffused or reflected light.
Includes but are not limited to any machine or device on which individuals can:
Play games of chance to win money or a prize with value, by digitally or physically inserting credits or coins into the machine or device with the exception of Texas Penal Code Section 47.01(4)(B);
Participate in contests that award one or more prizes (including money, game credits, or coupons redeemable for a prize of value) based on chance or the random selection of entries by operation of software; or
Win money or prizes with value if a horizontal, vertical, or diagonal row of objects line up (also known as "eight liners").
An enclosed building or structure for the storage of one or more vehicles.
A residential development enclosed by a fence with access provided only with keys, etc.
Light directly from a luminaire or reflected light that causes reduced visibility or visual discomfort to a person of ordinary sensibilities.
The finished ground level adjoining the building or structure at all exterior walls.
Any act by which soil, rock, or mineral matter is cut into, dug, quarried, uncovered, removed, displaced or relocated; and includes the removal of vegetative cover, excavation and land balancing.
An initiative sponsored by the US Environmental Protection Agency (EPA) that uses natural methods to capture and filter rainwater and stormwater in the places where it falls, rather than transporting it off site.
An area or district intended to establish and preserve peaceful, safe and attractive, natural or undisturbed areas and drainage ways and may contain hiking, jogging, non-motorized biking, and nature trails and accessory structures, parking and other uses incidental to the above.
Waste water from bathroom sinks, bath tubs, showers, and washing machines which is free of grease and phosphates and suitable for irrigation. Wastewater from kitchen sinks or dishwashers is specifically prohibited.
An attached accessory building located on the same lot as the principal building and used occasionally for habitation for guests but not for remuneration.
Habitable room shall mean any room meeting the requirements of this code for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces.
The heritage tree designation provides additional protection measures for healthy trees-which are not defined as an unprotected tree species in § 22.02.001 and are measured at twenty-four (24) inches or greater DBH as measured four and one-half feet above natural ground level.
An occupation customarily carried on in a dwelling unit, or in an accessory structure to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes. Examples of home occupations that are permitted by this title include but are not limited to: a computer programmer, an investor, an architect, a consultant, a writer, an artist, or a dress maker.
A strategy to manage wildfire risk to a structure through siting, design, and choice of materials. The most critical aspect of house hardening is to address the danger of flying embers finding a niche in the house where they can ignite the surrounding material.
An organization dedicated to the development of better building construction and greater safety to the public by uniformity in building laws. The ICBO publishes the family of Uniform Codes to provide jurisdictions with a complete set of building-related regulations for adoption. At the request of a subscribing member, the ICBO performs building plan reviews for compliance with the Uniform Codes.
International Dark Sky Association.
Roads, parking areas, buildings, and other impermeable construction covering the natural land surface; this shall include, but not be limited to, all streets and pavement within a subdivision. Pervious cover is generally permeable natural land surface. Impervious cover calculations shall include all roads, driveways, parking areas, sidewalks, crushed granite, buildings (including roof overhangs), decking, rooftop landscapes and other impermeable construction covering the natural land surface. Swimming pool surface water area for pools which discharge to the storm drainage system shall also be included. Water quality and detention basins, swales, and other earthen conveyances for drainage purposes only shall not be calculated as impervious cover.
A senior housing development for persons who need support with certain functions of everyday life that is restricted to persons 55 and older and offers integrated and self-contained supportive services such as meals, housekeeping, social activities, medical services and transportation.
Infill is building homes, businesses and public facilities on unused and underutilized lands within existing urban areas.
The total amount of light produced by a lamp. This value is specified by the manufacturer rather than directly measured.
An integrated approach to managing water which includes landscaping with preferred plants, the green infrastructure approach to rainwater capture and management, and greywater systems.
Any premises on which dogs are kept for sale or are boarded, trained or bred for remuneration.
Low-intensity accent lighting of landscape features or paths for which lighting for any other purpose is incidental.
The treatment of a yard, buffer area, screen, or parking lot island with elements such as groundcover, plants, shrubs, trees, hardscapes, and architectural elements. Groundcover alone is not defined as landscaping unless specifically cited in the Code.
Land that has been platted and legally recorded or has been granted legal lot status by the code official in accordance with the development ordinance.
The specified time period during which exterior lighting must be dimmed by at least 30% or extinguished.
The range of variation from lower to higher values of illumination. Diffusion and placement of luminaires that smooths the light to a more uniform distribution and has less sharp cutoffs and minimizes the contrast between lit areas and the darker surroundings is preferable.
Any adverse effect of artificial light including glare, light trespass, sky glow, and impacts on the night environment.
Light that falls beyond the property line.
Any device which creates artificial illumination through the use of combustion, incandescence, or electrical discharge.
A store selling distilled spirits for off-premises consumption only.
A living unit equivalent (LUE) is defined as the typical flow that would be produced by a single-family residence located in a typical subdivision. For water, this definition includes consumptive uses such as lawn watering and evaporative coolers. The wastewater collection system does not receive all of these flows so the flows expected differ between water and wastewater.
An undivided tract or parcel of land having access to a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed for record.
A complete lighting unit, including the lamp and ballast, reflector, lens, and diffuser and the elements to position and shield the lamp.
A main purpose of the business is providing sexual stimulation or gratification through the offering of a service or the selling, renting or exhibiting of material, devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, or whose employees or customers appear in a state of nudity. Such "major business" or "primary business purpose" of providing sexual stimulation or gratification may be demonstrated by the presence of one or more of the following characteristics:
A significant or substantial portion of the retail sales or revenue, the retail value of inventory, amount of retail floor space, amount of display areas, or the amount of inventory attributable to or composed of material, services or products distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined by the city's Sexually Oriented Businesses, article 6.04. ("Inventory" shall be measured with all titles or objects available on the premises for sale or rental including each of those items that are identical, or considered a separate title or object. "Significant or substantial portion" means more than an insignificant or incidental portion, does not depend upon a specific percentage or ratio, and does not necessarily mean a majority or predominant amount); or
Any other fact, circumstance, or evidence which is relevant to demonstrate the type and quantity of merchandise or service that the establishment sells, rents, offers for sale or rent, displays or exhibits as constituting or composing a primary business purpose of the business.
A manufactured home meeting the construction standards of the United States Department of Housing and Urban Development.
The total exterior masonry surface area of a house which includes gable areas and excludes the roof surfaces. Window and door surfaces are included if surrounded predominately by masonry cover. All exterior surfaces will be included in calculation including gables, second story surfaces and chimney areas. Calculations will not include the exposed foundation areas which are limited to two-foot exposed vertical areas. All openings such as windows, doors, vents, etc., will be included into the predominate type of surface on the total wall (around the opening). Where an opening is surrounded by an equal amount of masonry and siding, the area of the opening will be shared equally between the two surfaces. Garage doors that are surrounded on both vertical sides by masonry will be included as masonry on single story homes. The area above garage doors on two story homes will be calculated as to the type of cover used. Gable areas above single story garage doors will also be calculated as to type of cover used. Masonry is rock, brick or stucco. For non-residential structures, split-faced, colored, concrete masonry units may be approved.
Any area or tract of land where one or more mobile home or recreational vehicle lots or spaces are rented or held for rent or sale.
A structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted.
Any development having more than two residential units on a single lot.
Groundcover, turf, plant, vine, or shrub, with a "Texas Native" classification in the Texas AgriLife Extension Service guidebook Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas.
Any tree species identified by the Texas A&M forest service to have a state origin.
That area in the uplands zone, excluding buffer zones and land designated for wastewater irrigation, and then calculated to include all acreage on 0 to 15% slopes; added to 40% of the acreage on 15% to 25% slopes; added to 20% of the acreage of 25% to 35% slopes.
Any street, public or private, that is adjacent to a property but is not a primary street such as a corner lot.
Any structure which does not comply with the provisions of this title including those which may or may not have been lawfully erected prior to the effective date thereof.
An activity that was lawful and existing at a specific location prior to the adoption, revision or amendment of the zoning ordinance which fails to conform to the present requirements of this title.
Any offensive or unpleasant condition which substantially interferes with the use and enjoyment of one's property or which endangers one's health or life or property by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy their property. A light nuisance is further defined for backlight, uplight, glare, light trespass, and light pollution.
Any officer referred to in this title by title means the person employed or appointed by the city in that position, or his duly authorized representative.
Any land, building, structure, devices or activities for amusement and profit perceptible from a public right-of-way, such as drive-in theaters, miniature golf courses, water slides, motor vehicle courses or tracts, and similar enterprises.
An "organized disposal system" is any public or private system for the collection, treatment, and disposal of sewage operated in accordance with the terms and conditions of a permit from the state commission on environmental quality.
Low-intensity decorative lighting for which lighting for any other purpose is incidental.
Stormwater runoff that is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the lake.
Any tract of land which is not part of a platted subdivision, and shall also include in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curbline of adjacent streets, and where no curb exists, to the existing street surface, and all land lying between the property line and the centerline of adjacent alleyways.
An area developed for recreation including playscapes, ballfields, picnic areas, swimming areas, etc., and parking facilities.
The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of curbs.
An individual, proprietorship, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
A facility which provides medical and/or therapeutic services related to the physical rehabilitation of individuals recovering from illness or an accident.
A drawing of a parcel(s) of land containing one or more lots and the additional information required by a city ordinance.
Any building of which at least 50% is constructed of structural units where the integral parts thereof have been built up prior to incorporation in the building.
Any native or adapted plant listed in the Texas AgriLife Extension Service Guidebook Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas.
A proposed layout plan of development which includes buildings, lot lines, streets, drainage features, public dedications, zoning classifications or land use, adjacent land uses, topography, environmental features and utility layouts.
Any building, lot, parcel, real estate or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
A street, public or private, that provides primary entry (front entrance) to a residence.
A vehicular roadway under private ownership and maintenance which is not intended for use by the general public and may have its access controlled or restricted.
Groundcover, turf, plant, vine, shrub, or tree listed in the "Austin's Top Invasive Plants to Avoid" classification in the Texas AgriLife Extension Service Guidebook Native and Adapted Landscape Plants: An Earthwise Guide for Central Texas, listed in the Texas Department of Agriculture's Noxious Weed List, or listed in the Texas Parks and Wildlife Department's Prohibited Exotic Species.
A protected tree is any hardwood tree on private property that has a trunk 12 inches in diameter or greater as measured four and one-half feet above natural ground level.
Removing branches from a tree to achieve a specified objective using approved practices according to ANSI A300 industry standards. At no time shall topping, tipping or flush cutting of trees be deemed a form of "pruning."
All grounds and rights-of-way (ROWs) owned or maintained by the city.
The removal from the earth of stone, sand, gravel, caliche, minerals, topsoil or other natural material for the purpose of sale or any other commercial purpose, other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.
A depressed area that collects rainwater and allows it to soak into the ground, and has improved aesthetics with landscaping. Rain gardens can be any size; larger ones with drainage systems are referred to as bioretention ponds.
Capturing and storing rainwater for later use. Rainwater harvesting shall be guided by the Texas Water Development Board publication Texas Manual on Rainwater Harvesting, and is required in some areas covered by the Southwestern Travis County groundwater conservation district rules for wells.
See "as-built."
To recover an expenditure (the actual dollars invested), made to acquire property or other assets.
A vehicle designed for human habitation for recreational purposes and capable of being used on a highway. Recreational vehicles shall include a motor home, travel trailer, truck camper and camping trailer, but shall not include a mobile home.
The process of reworking the site, not including the buildings, to re-grade, re-pave, modify or expand the existing improvements.
The reconstruction, renovation or renewal of any part to an existing building for the purpose of its maintenance. Such term shall not apply to any change in construction, alteration, or addition to a building other than for the purpose of reconstruction, renovation or renewal.
Any agent, lessee, owner or other person occupying or having charge or control of any premises.
An eating establishment with the following characteristics:
Food is ordered at the counter or register;
Payment may be made by customers before food is consumed;
Food is prepared or completed and plated to order, with more complex flavors than fast food restaurants;
Food and beverages are generally consumed at tables on premises and may be served in disposable containers;
Customers may bus their own tables if they eat inside the establishment;
Generally will not have a drive-through; and
Food may be ordered for delivery or take-out.
An eating establishment with the following characteristics:
Food is ordered at the counter or register from a wall menu inside the restaurant or through a speaker system, pass-through window, or drive-thru from an outdoor menu board;
Food is ordered, prepared, and served/delivered while customers remain standing or remain in their cars;
Food is usually prepared and packaged in advance of a customer order (often in bulk) and kept hot;
Payment must be made by customers before food is consumed;
Food and beverages are usually served in disposable or edible containers and generally not consumed inside the establishment;
Customers typically bus their own tables if they eat inside the establishment;
The consumption of food or beverages within a motor vehicle parked upon the premises is allowed or encouraged; and
Food may be ordered for delivery or take-out.
An eating establishment with the following characteristics:
Food and beverages are sold primarily for consumption at tables on the premises;
Food is prepared to order;
Food and beverage service is provided via table service by servers or bartenders;
Nondisposable dinnerware (utensils, plates, glasses and cups, etc.) is provided;
All tables are bussed by restaurant staff;
The gross receipts derived from the sale of alcoholic beverages from on-premises sales do not exceed 75% of the establishment's gross receipts; and
Food may be ordered for delivery or take-out.
A final plat that alters the layout of a recorded subdivision or part of a subdivision without vacating the preceding plat.
Landscaping structures of any type that are designed primarily to retain landscaping materials or control erosion. Retaining walls will not extend higher than one (1) foot above the material being retained within the street-side or golf course setbacks. Retaining walls may also be used to identify property lines, driveways, walkways, etc., provided they are not over one (1) foot in height.
The process of replanting vegetative material and restoring the soil of disturbed land to provide complete vegetative cover.
Any travel way open to the general public for travel or land dedicated for eventual travel by the public. Dedicated right-of-way may, in addition to travel by the public, may be used for installation of utilities, drainage ways or other public purposes.
A rail or obstruction constructed along a drop-off or overhang to prevent a person from falling off or over the edge.
A private sewerage facility or disposing of sewage through soil absorption and includes as components: the line from the building to the septic tank, the septic tank(s) (with one or more compartments), soil absorption system or evapotranspiration beds.
The minimum distance required between a structure and the front, side or rear boundary line of the parcel of land on which the structure is located.
Any public or private system for the collection, treatment, and disposal of sewage operated in accordance with the terms and conditions of a permit from the state commission on environmental quality.
A "private sewerage facility" is any septic system, or other facility, system or method for the storage, treatment, or disposal of sewage other than an organized disposal system operated in accordance with the terms and conditions of a permit from the City of Lakeway, Texas.
Adult arcade, adult theater, adult bookstore, massage parlor, nude studio, modeling studio, love parlor or other similar commercial enterprise, the major business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.
The word "shall" is imperative or mandatory. The word "may" is indicative of discretion or choice.
A luminaire with an adjustable mounting device which allows it to be aimed and which contains shielding, a louver, or a baffle to reduce backlight and glare.
An amending plat or a minor plat involving six (6) or fewer lots fronting on an existing street and not requiring the creation of any new street, drainage improvements, or the extension of municipal facilities.
The rental, tenancy or similar nonowner occupancy of residential property, by any form of compensation, for a period of one (1) to twenty-seven (27) consecutive days.
The development or redevelopment of land located within the city limits or its ETJ for non-residential or multifamily uses.
A plan which outlines the use and development of any tract of land.
Any clearing of trees and other vegetation with heavy equipment such as bulldozers, backhoes, and graders. This definition does not include normal lot maintenance, as required by city ordinances, such as mowing, trimming, and pruning. Also, this definition does not include efforts necessary for securing survey or geological data including necessary borings to ascertain subsurface conditions and percolation rates for planned septic fields.
A space of ground occupied or to be occupied by a structure.
A structure for the conveyance of exhaust fumes, smoke, etc., from a commercial or industrial facility.
A use that may be authorized by the city council if the applicant can show, to the satisfaction of the city council, that the use requested meets all applicable conditions and standards contained in chapter 30, zoning.
Multiple spaces or units on a single lot individually leased-out for the purposes of storing vehicles, products, personal possessions, etc., for safekeeping.
A high volume street providing a through traffic link to different local urban areas.
A street that provides primary access between local streets, other collectors and/or commercial developments.
A street, other than a cul-de-sac, with only one outlet.
A low volume, low speed street that is the primary access from residential districts to collector streets without being continuous through several districts.
Any thoroughfare constructed to the city's specifications for "streets" that is not dedicated or maintained as a public street. A vehicular access way under private ownership and maintenance.
Any thoroughfare or public way which has been dedicated or deeded to the public for public use, and provides vehicular access to adjacent land.
A structure is unfit for human occupancy whenever the official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth or contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
That which is built or constructed.
Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
Refers to the installation of utilities, water, sewer extensions, street lights, signs, streets, water quality facilities, and all other installations associated with developing the subdivision.
A division of any parcel of land situated within the corporate limits or the extraterritorial jurisdiction, into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to the city, or for laying out of suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto.
A mathematically closed diagram of the complete peripheral boundary of a site, reflecting dimensions, compass bearings and angles. It must bear a licensed land surveyor's signed certification, and may include a metes and bounds or other written description.
A licensed state land surveyor or a registered public land surveyor, as authorized by the state statutes to practice the profession of surveying.
Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving, or recreational bathing, and having a depth of two (2) feet or more at any point.
The distance along a driveway from the face of curb or edge of pavement of a roadway to the right-of-way/property line.
Part ownership of a property coupled with a right to exclusive use of it for a specified number of days per year.
The topography that exists at the date of permit application, having no bearing on conditions or changes manmade to the topography prior to the filing date.
Using inappropriate pruning techniques to reduce tree size that may result in unnecessary risk, tree stress, or decay.
The estimated portion of a lot available for landscaping; equivalent to the total lot size minus the impervious cover. The percentages of total landscape area for rock groundcover or artificial turf are estimated by the property owner, and may be verified by the code official.
A dwelling unit on a separate lot which shares a common wall(s) with another dwelling unit on a separate lot.
A parcel of land.
A study and resulting report that gathers field data on existing vehicle trip counts and intersection turning movements, applies the calculated growth rate for proposed development and generates projected trip generations, distributes the projected trips upon the existing and proposed roadways and intersections and develops recommendations for roadway and intersection improvements.
Every vehicle designed for carrying persons or property and for being drawn by a motor vehicle on the highway.
A vehicle, other than a motor vehicle, which is designed for human habitation for recreational purposes and which may be towed upon a public highway without a special permit or chauffeur's license, or both, without violating any provision of the vehicle code.
A deep and narrow linear excavation in the ground. Trenching within the dripline of a tree may damage its roots.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this article, or the structure was erected, altered or occupied contrary to this article.
Unprotected trees are not recognized as protected by this code section and do not require a permit for removal.
The following species are discouraged from planting and are not considered to be protected trees due to their invasive and/or nuisance status:
Ailanthus altissima (Tree of heaven).
Alibizzia julibrissen (Mimosa).
Koelreuteria elegans (Golden rain tree).
Ligustrum ssp.
Maclura pomifera (female only) (Bois d' Arc).
Melia azedarach (Chinaberry).
Pistacia chinensis (Chinese Pistache).
Pyrus calleryana (Callery pear or Bradford pear).
Triadica sebifera (Chinese tallow).
Ulmus parvifolia (Chinese elm).
Juniperus Ashei (Cedar).
Other species designated as invasive by Native and Adapted Landscape Plants: an Eathwise Guide for Central Texas or the Texas Department of Agriculture's Noxious and Invasive Plants List.
An unsafe structure is one that is found to be unfit for human habitation or dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
All lands and waters not included within the buffer zone or critical environmental feature buffer zone.
An interest in land granted to the city, or to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.
Approval granted by the city to an individual property owner to vary from strict compliance with an ordinance.
Every device in, upon, or by which any person or property may be propelled, moved or drawn upon a path, road, or highway, except devices used exclusively upon stationary rails or tracks.
The process of waving provisions of a city ordinance rule or regulation by the code official, city manager or city engineer where authorized by the city council and/or zoning and planning commission, for the purposes of dismissing a design requirement preceding the issuance of a permit.
The ordinance regulating development within watersheds in the City of Lakeway and in its ETJ.
The area or region draining into a body of water.
The open area between building setback lines and lot lines.
The commission appointed by the city council to recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein and general amendments to the zoning, subdivision, watershed, noise and sign ordinances. The ZAPCO approves permits and variances as stated in each ordinance.
A classification assigned to a particular area of the city within which zoning regulations are uniform (See City of Lakeway's Ch. 30, Zoning).
Public regulations that control the specific use of land in a given district.
Temporary regulations imposed by the city council which control the use of land and become effective upon the land's annexation into the city, unless the land is permanently zoned at the time of annexation. Temporary zoning remains in effect until such time as the city council approves permanent zoning for the land.
(Ordinance 2009-03-16-02, ex. A, adopted 3/16/09; Ordinance 2009-12-21-01, rev. 19, adopted 12/21/09; Ordinance 2011-04-18-06, rev. 1, adopted 4/18/11; Ordinance 2011-05-16-05, rev. 1, adopted 5/16/11; Ordinance 2011-08-15-07, rev. 3, adopted 8/15/11; Ordinance 2012-03-19-04, rev. 4, adopted 3/19/12; Ordinance 2013-02-19-04, rev. 1, adopted 2/19/13; Ordinance 2018-07-16-10 adopted 7/16/18; Ordinance 2018-10-15-04 adopted 10/15/18; Ordinance 2019-02-19-08 adopted 2/19/19; Ordinance 2022-07-18-03 adopted 7/18/22; Ordinance 2022-08-01-01 adopted 8/1/22; Ordinance 2023-07-17-04 adopted 7/17/2023; Ordinance 2023-08-21-02 adopted 8/21/2023; Ordinance 2023-09-05-02 adopted 9/5/2023; Ordinance 2023-10-16-03 adopted 10/16/2023; Ordinance 2024-03-18-03 adopted 3/18/2024; Ordinance 2024-04-15-05 adopted 4/15/2024; Ordinance 2025-06-16-02 adopted 6/16/2025; Ordinance 2025-07-21-01 adopted 7/21/2025; Ordinance 2025-10-06-01 adopted 10/6/2025)
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Editor's note-Art. 2.12 was repealed by Acts 2023, 88th Leg., ch. 765 (H.B. 4504), § 3.001(1), effective Jan. 1, 2025; Acts 2025 89th Leg., ch. 204 (H.B. 1620), § 5.001(b), eff. Sept. 1, 2025.