Bee Cave City Zoning Code
SECTION 3
1 General Provisions
§ 3.1.1 Purpose.
The zoning regulations and districts established in this Article are intended to conform with the Comprehensive Plan and promote the health, safety, and general welfare of the City of Bee Cave.
(Ordinance 475 adopted 6/28/22)
§ 3.1.2 Applicability.
A.
The procedures contained in this Article 3 apply to any zoning-related Permit or application that an applicant submits in accordance with this UDC.
B.
To the extent that a law or statute of the State of Texas requires the City to process or approve a Permit or application within a certain time from the Official Vesting Date or Official Submittal Date, the City will interpret these regulations as complying with State Law.
C.
An application to amend the Official Zoning Map (see section 3.1.5, Official Zoning Map and Section 3.1.8, Amendment to Zoning Map or Text) is not considered a Permit under TLGC Chapter 245 or this Article 3.
(Ordinance 475 adopted 6/28/22)
§ 3.1.3 Creation of a building site, tract, or lot.
No permit for the construction of one or more buildings, parking areas, structural walls greater than four feet (4') in height, or signs upon any property or tract of land will be issued until the property or tract is part of a plat of record, approved by the City and filed in the Plat Records of Travis County, Texas, in conformance to this UDC.
(Ordinance 475 adopted 6/28/22)
§ 3.1.4 Minimum requirements.
These regulations represent the minimum requirements deemed necessary to carry out the purpose of the UDC (see Section 1.1.6).
(Ordinance 475 adopted 6/28/22)
§ 3.1.5 Official zoning map.
A.
The Planning Director will maintain the "Zoning Map of the City of Bee Cave, Texas" as the Official Zoning Map in electronic and hardcopy files. The map shall be available to the public in digital format with hardcopies provided upon request.
B.
The City may charge a reproduction fee consistent with the adopted Fee Schedule to recover the cost of providing copies of the Official Zoning Map to any member of the public.
C.
The Planning Director must maintain and keep updated the "Official Adoption Date" and "Last Amended Date" on the face of the Official Zoning Map. The map shall contain a list of ordinance numbers corresponding to the Official Adoption Date and Last Amended Date.
D.
The Official Zoning Map is controlling over all other copies or reproductions, whether whole or in one or more portions.
E.
In the event the Official Zoning Map is lost, destroyed, or damaged in such a way that it is rendered incomplete, unreadable, or useable [unusable] for the purpose of determining zoning, the City Council may adopt a replacement Official Zoning Map that supersedes the lost, destroyed, or damaged map.
(Ordinance 475 adopted 6/28/22)
§ 3.1.6 Zoning upon annexation.
A.
Property that is annexed into the City will, by distinct and separate action of City Council, have an interim zoning of AG, unless City Council approves a prior agreement that specifies the zoning or approves a different designation at the time of annexation.
1.
If the annexation area is comprised only of right-of-way, the zoning district line adjoining each side of the right-of-way shall be automatically extended to the centerline of the annexed right-of-way.
B.
Council may grant a zoning designation other than AG to property annexed into the City only after Council approves the annexation.
C.
Rezoning following agreement or request of property owner.
1.
Council may approve a zoning designation consistent with a prior agreement approved by Council when the property was in the ETJ if the zoning designation is approved separately from the annexation.
2.
The property owner may request and Council may approve a certain zoning district at the time of annexation if the request is consistent with the Future Land Use Map, is approved separately from the annexation, and the process to establish the zoning is consistent with Section 3.1.8, Amendment to Zoning Map or Text.
D.
If Section 3.1.6.C does not apply, Council shall, within one hundred twenty (120) days of approving the annexation, consider the appropriate zoning district and subsequently take action to change the designation consistent with the process outlined in Section 3.1.8, Amendment to Zoning Map or Text.
E.
Subsequent changes in zoning shall follow the process outlined in Section 3.1.8, Amendment to Zoning Map or Text.
F.
Unexpired permits in process at the time of annexation shall continue to be valid consistent with TLGC Chapter 245 and with Sections 1.4, 2.2.1, and 1.5 of this UDC as each pertains to vesting of permits and projects.
G.
A lot, use, or building that was legally established prior to annexation but is made non-conforming after annexation may continue consistent with TLGC Section 211.017 and Section 3.4.11.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)
§ 3.1.7 Interpretation of district boundaries.
A.
Zoning district boundaries are interpreted to follow along the centerline of streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the City will use the following rules to determine the boundaries of zoning districts:
1.
Boundaries indicated as approximately following the centerline of streets, highways, alleys, or right-of-way are interpreted as following those centerlines;
2.
Boundaries indicated as approximately following platted lot lines are interpreted as following those lines;
3.
Boundaries indicated as approximately following City Limits are interpreted as following the City Limits;
4.
Boundaries indicated as following the centerline of creeks, streams, or drainageways are interpreted as following those centerlines and changing with the movement of those centerlines.
B.
The zoning classification applied to a tract of land abutting a street automatically extends to the centerline of the street unless, as a condition of zoning approval, it is stated that the zoning classification does not apply to the street.
C.
Where physical features on the ground conflict with the information shown on the Official Zoning Map, or if a question of zoning cannot be resolved by application of Subsection 3.2.4.A [3.1.7.A], the Board of Adjustment will interpret the district boundary and order that the Official Zoning Map be amended.
D.
If the zoning of a property is invalidated by a court of competent jurisdiction, the property in question will be classified to what is specified in the court order or, in the event the court order does not specify a district, it will revert to its previous zoning classification.
(Ordinance 475 adopted 6/28/22)
§ 3.1.8 Amendment to zoning map or text.
Figure 3.1.8-1 Zoning Changes and Text Amendment Process  |
A.
Process requirements. Zoning Amendments Require City Council Approval
1.
The City Council may, in its legislative discretion, amend, supplement, or change by ordinance, any district boundary or the regulations herein established as provided by TLGC Chapter 211.
2.
Planning and Zoning Commission recommendation required for all amendments.
(i)
Before the City Council may act on any proposed amendment to the zoning map or the text of this Article 3 Zoning Regulations, the Planning Director will submit the request to the Planning and Zoning Commission for its recommendation.
3.
Petitions submitted to the city council.
(i)
Any person or corporation having a proprietary interest in any property may petition City Council for a change or amendment to the zoning provisions of this UDC; or
(ii)
The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning change(s) and amendment(s) for the Council's consideration.
(iii)
Staff may, at the direction of the City Manager, initiate amendments to the zoning provisions of this UDC.
4.
Types of zoning amendments.
(i)
Zoning map amendment (rezoning).
(1)
A rezoning is a change or modification to the boundaries of any zoning district resulting in a change to the City's Official Zoning Map; or in the case of a Planned Development District (PDD) or Specific Use Permit (SUP), a change to the development standards, boundaries, or both.
(2)
The Planning Director, Planning and Zoning Commission, or City Council may require a Concept Plan for any request to rezone to a higher-intensity zoning district (such as residential "R" to mixed-use "MU" or commercial).
(ii)
Zoning text amendment. A text amendment is a change to the text of this Article 3, Zoning Regulations.
5.
Required notice.
(i)
Property owner notice of rezoning. In the case of a rezoning:
(1)
Written notice of all public hearings before the Planning and Zoning Commission and City Council on a proposed zoning change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested.
(2)
If the proposed rezoning will add residential units (either single-family residential or multi-family residential), the school district that serves the property must also be notified in the same manner as a property owner.
(3)
If the proposed rezoning will result in a current conforming use of a property becoming a nonconforming use, written notice shall be provided to each owner of property where the proposed nonconforming use is located and each occupant of the property not later than ten (10) calendar days before the hearing date, containing the time and place of the hearing and including the following text in bold 14-point type: "THE CITY OF BEE CAVE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."
(4)
Such notice shall be given not fewer than eleven (11) calendar days before the date of the Planning and Zoning Commission hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.
6.
Planning and Zoning Commission decision and required public hearing.
(i)
The Planning and Zoning Commission shall hold a public hearing on any application for rezoning (Subitem 4(i) above) or text amendment (Subitem 4(ii) above) prior to making its report and recommendation to City Council. The Commission may provide its report via the staff report.
(ii)
In making its recommendation, the Planning and Zoning Commission shall consider the following:
(1)
Whether the zoning change is consistent with the Future Land Use Map and the Comprehensive Plan;
(2)
Whether the proposed change will have a detrimental effect on properties abutting the property proposed for rezoning or upon properties affected by the proposed text amendment; and
(3)
Whether the proposed change will result in detrimental impacts upon existing or planned Public Facilities or the administration of this UDC.
7.
City Council decision and required public hearing.
(i)
The City Council shall conduct a public hearing before adopting any proposed rezoning or text amendment.
(ii)
Notice of the time and place of the hearing must be published in a newspaper of general circulation in the City at least sixteen (16) days before the date of the hearing.
(iii)
The rezoning or text amendment shall not become effective except upon a simple majority vote of the City Council.
8.
Supermajority vote of Council required for protested rezoning.
(i)
If a protest is filed against a proposed rezoning, the rezoning shall not become effective except by a three-fourths (3/4) vote of the entire City Council.
(ii)
The following are the two types of Eligible Protesters:
(1)
Interior protesters. The property owners, duly signed and acknowledged by signing and printing the property owner's name and address, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary.
(2)
Exterior protesters. The property owners, duly signed and acknowledged by signing and printing the property owner's name and address, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment.
(iii)
In computing the area of land under this subsection 8., the area of streets and alleys shall be included in accordance with TLGC Section 211.006(e).
9.
Effect of council denial. If the City Council denies a request for a rezoning or text amendment, the same application nor any other substantially similar zoning application, as determined by the Director, may be filed for all or part of the subject tract of land, or for portion of text proposed for a text amendment, in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of one (1) year following the denial. In the instance that the request was initiated by the City Council, Planning & Zoning Commission, or the City Manager and involved a proposed amendment to the text of this Article 3, then there is no waiting period before the request can be reconsidered.
(Ordinance 475 adopted 6/28/22; Ordinance 534 adopted 5/28/2024)
