The City of Lago Vista is hereby divided into the following zoning districts:

This chapter may overlap other city ordinances in the areas of land use and physical restrictions to construction within the City of Lago Vista and its extraterritorial jurisdiction. In the event of a conflict between this and other city ordinances, the following rules shall apply:

1. Conflicts concerning the physical size of a structure or its placement on a land parcel shall be resolved in favor of the more restrictive regulation.
2. Conflicts concerning the zoning classification of a particular land parcel or concerning the permitted uses within a zoning district shall be resolved in favor of this chapter.

The city council of the City of Lago Vista, Texas provided for the division of the City of Lago Vista, Texas into Zoning Districts and its amendment pursuant to Title 7, Chapter 211, Section 211.005 of the Local Government Code by Ordinance 89-03-16-02 adopted 3/16/89. The locations and boundaries of zoning districts established by this chapter shall be recorded on an Official Zoning Map adopted and amended in the manner specified in this chapter. Recording on the official map is not a prerequisite to the effectiveness of a zoning ordinance.

1. Changes in the zoning classification of particular parcels of areas of land, approved by the Council in accordance with the provisions of this chapter, shall be noted promptly on the Official Zoning Map which shall be maintained in the city geographical information system (GIS). The ordinance that changed the Official Zoning Map shall be maintained in the office of the city secretary.
2. No changes of any nature shall be made in the Official Zoning Map except in conformity with the procedures in this chapter.
3. In the event that the Official zoning map becomes damaged, destroyed, lost or difficult to interpret, the Council may by Ordinance adopt a new Official Zoning Map which shall exactly duplicate the original except for updates, corrections of errors and omissions.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries which appear to follow streets, roads or streams shall be construed to follow the centers thereof;
2. Boundaries which appear to follow the lines of lots or other parcels of record shall be construed as following such lines;
3. Boundaries which appear to follow City Limit lines shall be construed as following such lines; and
4. In case of uncertainty as to the true location of a district boundary line not covered by the above rules, the city council shall make a determination of the true location of such lines.

1. Any land hereinafter annexed to the City of Lago Vista, Texas shall automatically be temporarily classified as TR- I (Temporary Restricted) until reclassified in accordance with this chapter.
2. The Commission and/or city council may, after the annexation of any territory to the City, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification.
3. Zoning change process may be started by the City and/or the property owner of the land being annexed following the consideration of annexing land. The ordinance permanently zoning newly annexed property shall only be considered after the effective date of the annexation ordinance.

Upon annexation, no existing building or structure within any territory newly annexed to the City of Lago Vista, Texas, shall be altered, remodeled, or constructed without a permit as required by the building code of the City of Lago Vista, Texas. In granting such permits the city manager or his/her designee shall ensure that proposed construction is in consonance with this chapter and state law.

No structure or land shall be used, and no structure shall be constructed, erected, placed, enlarged, altered, or continued, except as authorized by this chapter. Additionally, no building addition, accessory, fence, wall, patio or other improvement shall be commenced or erected, nor shall any addition to, or change or alteration therein, be made until such has been properly approved as specified in the city building codes and this chapter.

1. Purpose. This district is intended to include land within the corporate limits of the City to accommodate single-family detached dwelling units with a smaller living area than other single-family zoning districts, manufactured homes, and industrialized housing.
2. Permitted uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards.
4. Parking Area. Each dwelling shall include at least one (1) off-street parking space in accordance with Section 7 herein. Garages are not required and carports are permitted.
5. Additional Restrictions. The following additional restrictions shall apply to all manufactured homes or industrialized housing place in this district:
   1. No manufactured home or industrialized housing may be placed on any lot or parcel of land until approved by the city manager or his/her designee as to size, condition, appearance, and placement;
      
   2. A small utility closet not larger than seven feet (7) by nine feet (9) in floor area and conforming in general appearance to the manufactured home may be added to the manufactured home;
      
   3. All manufactured or modular homes shall be securely tied down, blocked and skirted within ninety (90) days from the date the unit was moved onto the lot; and
      
   4. Skirting between manufactured or modular homes and ground or slab must be enclosed with matching metal, masonry or other appropriate materials.
      

1. Purpose. These districts are intended to include lands being used, or intended to be used, for single-family residential purposes and associated uses on the smallest individual lots permitted outside of a Planned Development District (PDD). The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards. In addition, the minimum lot size in these districts shall be 7,200 square feet with a minimum depth of 110 feet. Except for portions of a lot that fronts on a curve or cul-de-sac, the minimum width shall be 65 feet. All single-family residences shall have a garage with a minimum of four hundred (400) square feet in area. See Section 3.123 of Chapter 3 for exterior appearance requirements.
4. Parking Area. Each dwelling shall include off-street parking in accordance with Section 7, herein.
   

1. Purpose. These districts are intended to include lands being used, or intended to be used, for single-family residential purposes and associated uses on lots that are larger in area than the R-1S zoning district, but smaller in area than the R-1L zoning district. The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service.
   
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards. In addition, the minimum lot size in these districts shall be 14,000 square feet with a minimum depth of 120 feet. Except for portions of a lot that fronts on a curve or a cul-de-sac, the minimum width shall be 70 feet. All single-family residences shall have a garage with a minimum of four hundred (400) square feet in area. See Section 3.123 of Chapter 3 for exterior appearance requirements.
   
4. Parking Area. Each dwelling shall include, off-street parking in accordance with Section 7, herein.
   

1. Purpose. This district is intended to include lands being used, or intended to be used, for low density single-family residential purposes and associated uses. The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service, generous spacing of residences to maximize privacy, and preservation of environmentally sensitive land.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards. In addition, the minimum lot size in these districts shall be one-acre (43,560 square feet) with a minimum depth of 200 feet. Except for portions of a lot that fronts on a curve or a cul-de-sac, the minimum width shall be 130 feet. All single-family residences shall have a garage with a minimum of four hundred (400) square feet in area. See Section 3.123 of Chapter 3 for exterior appearance requirements.
4. Parking Area. Each dwelling shall include, off-street parking in accordance with Section 7, herein.

1. Purpose. This district is intended to include lands being used, or intended to be used, for the lowest density single-family and residential and associated uses within the jurisdiction. The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service, generous spacing of residences to maximize privacy, and preservation of both rural character and environmentally sensitive land.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in the Table A, Table of Development Standard. In addition, the minimum lot size in these districts shall be five-acres (217,800 square feet) with a minimum depth of 200 feet. Except for portions of a lot that fronts on a curve or a cul-de-sac, the minimum width shall be 150 feet. All single-family residences shall have a garage with a minimum of four hundred (400) square feet in area. See Section 3.123 of Chapter 3 for exterior appearance requirements.
4. Parking Area. Each dwelling shall include off-street parking space in accordance with Section 7, herein.

1. Purpose. This district is intended to include lands being used, or intended to be used, for single-family residential purposes and associated uses with residences that are taller than permitted in similar zoning districts. . The district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, and provided with necessary facilities and service.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards. In addition, the minimum lot size in these districts shall be 7,200 square feet with a minimum debt of 110 feet. Except for portions of a lot that fronts on a curve or a cul-de-sac, the minimum width shall be 65 feet. All single-family residences shall have a garage with a minimum of four hundred (400) square feet in area. See Section 3.123 of Chapter 3 for exterior appearance requirements.
4. Parking Area. Each dwelling shall include, off-street parking in accordance with Section 7, herein.

1. Purpose. This district is intended to include lands within the corporate limits of the City being used or intended to be used for duplex dwellings. This district is at moderate densities. It may be used as a transitional zone between low density residential and multifamily or commercial uses.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the requirements within Section (d) of Article 3.100 of Chapter 3 shall be permitted in any of these residential districts.
   
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards. See Section 3.123 of Chapter 3 for exterior appearance requirements.
4. Parking Area. Each dwelling shall include off-street parking in accordance with Section 7 herein.

1. Purpose. This district is intended to include lands within the corporate limits of the City used, or intended to be used, for apartment houses, townhouses, single-family, and for three or more dwelling units of any type on a single lot. It may be used as a transitional zone between low density residential and commercial uses.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. In addition, “Industrialized Housing” as defined in Section 3.104 of Chapter 3 and meeting the following requirements shall be permitted in this residential district:
   1. Meets all the requirements of the Texas Industrialized Building Code Council including the placement of a decal or seal issued by that agency on each transportable modular section or modular component indicating compliance with mandatory building codes;
   2. Meets or exceeds the development standards of any single-family dwelling within five hundred feet of the proposed industrialized housing location and the applicable development standards specified in Table A, Table of Development Standards; and
   3. Has a value, as documented by a Texas licensed appraiser, of both the proposed location and industrialized housing, that equals or exceeds the median taxable value for each single-family residence located within five hundred feet, as determined by the most certified tax appraisal roll for Travis County. Whenever only vacant lots are within five hundred feet of the proposed location, the appraisal shall be required to meet or exceed the value of the nearest single-family residence.
3. Development Standards. The Maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards.
4. Minimum Parking Area. Each dwelling unit shall have off-street parking in accordance with Section 7, herein.

1. Purpose. These districts are intended to include lands within the corporate limits of the City which are used, or intended to be used, for professional offices, or groups of offices, and for limited, low intensity or specialized retail convenience shopping and personal service shops providing day-to-day needs of the residents of that neighborhood or its visitors.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Buildings and development in these districts shall have off-street parking in accordance with Section 7, herein.

1. Purpose. This district is intended to include lands within the corporate limits of the City to be used for the development of retail and service facilities that are larger than those that are appropriate for seamless integration into a residential neighborhood. This district also provides space for financial, administrative, and business services compatible with the district's function as a focal point of community activity in a location accessible on a collector or arterial.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Buildings and development shall have an off-street parking unit in accordance with Section 7, herein.

1. Purpose. This district is intended to include lands within the corporate limits of the City to be used for the development of large retail stores, shopping centers and related undertakings which generate large amounts of traffic, might involve multi-shift employment, and might require large parcels of land. This district also provides space for financial, administrative, and business services generally considered incompatible with adjacent single-family residential uses and instead requires a location on a major thoroughfare. While outdoor display of merchandise is permitted in this district, it is otherwise distinguished from the light industrial zoning district where outdoor storage of material or equipment is permitted.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The Maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Buildings and development shall have off-street parking in accordance with Section 7, herein.

1. Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for functions related to the development of manufacturing or assembly facilities, warehouse or self storage facilities, machine shop or fabrication facility, automotive repair or body shop facilities, salvage or recycling facilities, cargo unloading or transfer facilities, electrical substations or generation facilities, asphalt or concrete production facilities, quarry, mining or rock crushing facilities, and any undertakings that might involve multi-shift employment and might require a large parcel of land.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards.
4. Minimum Parking Area. Buildings and development shall have an off-street parking unit in accordance with Section 7, herein.

1. Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for the commercial development of an airport, to include aircraft operating and refueling facilities, hangars and ramp space related to aviation. This district also provides space for financial, administrative, and business services compatible with the district's unique function.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning. However, no lot shall include a hangar without platted access to a taxiway or an easement providing access to a taxiway.
3. Development Standards. The maximum Building Height, Minimum Yard Requirements, and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards and subsection (e) below.
4. Minimum Parking Area. Buildings and development shall have an off-street parking unit in accordance with Section 7, herein.
5. Single-family residences within a C-A structure are allowed based on the following conditions:
   
   1. Application. Any person proposing to establish a single-family residence within a C-4 structure shall apply for a building permit in conformance with the City’s Building Ordinance. The application will include:
      
      1. The site plan shall be a survey or drawing on one or more pages which shall be drawn to scale with distances marked. The site plan shall provide the following information:
         
         1. The lot, tract or parcel covered by the site plan;
         2. The location of each existing building and use in the area covered by the site plan;
         3. The location and dimensions of the proposed residential unit, location and dimensions of all curb cuts, public and private streets, parking and loading area on and abutting the lot;
         4. The location and dimensions of the proposed residential unit; and
         5. The location and dimensions of all proposed additional curb cuts, driveways and parking areas on and abutting the lot;
      2. Information that there are adequate utilities, access roads, drainage, and other necessary support facilities have been or will be provided;
         
      3. Information that the single-family residential unit will be located within a hangar or other commercial or business structure and occupied by the owner of the property; and
      4. The application shall contain such additional documentation as necessary to show that the structures and buildings as existing or proposed to be improved prior to occupancy will comply with the requirements of this chapter.
   2. Parking. Two (2) off-street parking spaces shall be required in addition to the number of parking spaces required for the existing or proposed commercial and business use within the C-A zoning district.
   3. Minimum Living Area. The minimum living area required for any residential unit located within the C-A zoning district shall be 750 square feet.
   4. Building Code Requirements. Residential units within the C-A zoning district shall comply with the building standards and regulations applicable to mixed-use occupancy. A certificate of occupancy for any such residential unit shall be issued only upon the residential unit being found to comply with the city building code requirements for mixed-use occupancy, including, but not limited to, requirements for firewalls, separation, ingress and egress, construction materials, etc.
   5. Permits and Certificates. A building permit or certificate of occupancy will not be issued for any residential unit or occupancy within the C-A zoning district unless the residential unit for which a permit or certificate is requested is in a mixed-use structure designed for use both as a single-family dwelling, and a hangar, or other commercial or business use. Such building permits and certificates of occupancy shall otherwise be issued upon compliance with the Building Code of the City.

   
   

1. Purpose. This district is intended to include lands within, the corporate limits of the City to be used, or intended to be used, for functions related to the commercial docking, mooring, storage, and servicing facilities for waterborne craft.
2. Permitted Uses. The permitted uses are specified in Table B Table of Allowed Uses for Zoning. If personnel-oriented recreational service, such as bar service, food service, grocery service, or recreation areas are desired, a PDD or special use permit shall be required. Additionally, all marinas shall comply with the provisions of the latest version of the Lower Colorado River Authority rules governing marinas.
3. Development Standards. The Maximum Building Height, and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Buildings and development shall have an off-street parking in accordance with Section 7, herein.

1. Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for functions related to the operation of golf courses and country clubs
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.123 and Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Off-street parking shall be provided in accordance with Section 7 herein.

1. Purpose. This district is intended to include those lands and improvements within the corporate limits of the City used, or intended to be used, for those functions which are normally supportive of governmental, educational, religious, public or City-wide activities which benefit the citizenry as a whole and often require large amounts of land.
2. Permitted Uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning.
3. Development Standards. The maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Off-street parking shall be provided in accordance with Section 7 herein.

1. Purpose. This district is intended to include lands within the corporate limits of the City which are used, or intended to be used, for development of parks, greenbelts, and campgrounds.
2. Permitted Uses:
   1. The permitted uses are specified in this Section.
   2. Boat launching facilities may be constructed for any P-1 park area abutting Lake Travis. Other facilities, structures, and/or buildings may be permitted depending on the Park classification. There are four (4) classifications of parks. Their type and permitted uses are as follows:
      1. P-1A-Undeveloped Park (Active). No structures shall be permitted except for barbecue pits, small picnic shelters, bathhouses, game courts and/or restroom facilities.
      2. P-1B-Developed Park Districts (Active). Usages permitted in P-1A, plus playing fields, swimming pools and similar recreational structures, marina, large picnic shelters, administrative offices for the park proper [property] and property owners association, equipment rental and snack shops, and community center
      3. P-1C-Park-Campground Districts (Active). Usages permitted in P-1B, plus campsites, recreational vehicle sites and utility hookups, cabana and lean-to shelters, and group shelters, cooking and eating facilities ancillary to family or group camping.
      4. P-2-Park and Greenbelt District (Passive). No structures shall be permitted except for benches, water fountains, and children’s playground equipment.
3. Development Standards. The Maximum Building Height and Minimum Yard Requirements shall be as specified in Table A, Table of Development Standards. See Section 3.124 of Chapter 3 for exterior appearance requirements.
4. Minimum Parking Area. Off-street parking shall be provided in accordance with Section 7 herein.

Purpose. This district is intended to include lands within the corporate limits of the city which have been newly annexed or which are to be held in status quo until permanent zoning is adopted for the property.

No development or construction of buildings is permitted until the property is permanently zoned.

1. Purpose. This district is available only to residential property that abuts the municipal airport property in the C-A zoning district or other property in the RR-A zoning district at a location at which a permit may be issued in compliance with the applicable rules and regulations of the Federal Aviation Administration, the Rusty Allen Airport Property Owners Association, and the applicable restrictive covenants, if any, provided in any grant or contract with a Federal or State agency. The purpose of this district is to provide an appropriate zoning district so that qualifying property may be used for a single-family dwelling, with a hangar; when it has “through the fence” access to the municipal airport.
2. Permitted Uses. The permitted uses in the RR-A District shall be a single-family dwelling with or without a hangar. However, no lot shall include a hangar without platted access to a taxiway or an access easement providing access to a taxiway.
3. Parking. Each dwelling in the RR-A District shall include a covered, off-street parking area, as required in the zoning ordinance for single-family dwellings, and a hangar-residence.
4. Development Standards. The Minimum Yard Requirements, Minimum Area of Dwelling, Height, and Setbacks are set forth in Table A, Table of Development Standards.
5. Special Requirements. No property shall be zoned RR-A unless the following conditions are met:
   1. Such property shall abut property adjoining the municipal airport, property in the C-A zoning district or other property in the RR-A zoning district;
   2. The owner of the property shall give written assurance that his or her access to the municipal airport and use of the airport property and facilities shall be subject to and in conformance with the rules and regulations of the City, the Rusty Allen Airport Property Owners Association, and Federal and State agencies;
   3. All hangars shall have access to a taxiway access easement or taxiway that provides a connection to the runway of the municipal airport;
   4. All hangars shall be required to have doors for each entrance/exit capable of reasonably securing the hangar, and shall be attached directly to the residence or connected to the residence by a breezeway;
   5. The hangar and driveway shall be designed and constructed in a manner to prevent the aircraft from exiting to or entering any public street from the property;
   6. Aircraft are required to be housed in their hangars and are not permitted to be tied down or parked elsewhere on the lot except for aircraft of guests temporarily visiting the occupants, which may be tied down for a period not to exceed three days; and
   7. Home-based businesses shall be permitted only in accordance with the requirements in Section 16 of this chapter applicable to all other single-family residential zoning districts
      

1. Purpose. This district is intended to provide a mixed-use development of residential, retail, office, hotel/motel, commercial, recreational and similar uses in a park-like setting. These regulations facilitate a mix of land uses not provided for in other zoning districts. These regulations protect adjacent development from adverse impacts, promote economic development, and promote efficient and coordinated land use through physical design standards. Physical design standards include lighting, building facades, signage, colors, landscaping and extensive open space. It is the intent to allow a variety of employment opportunities and to allow development to occur in a single stage or in approved development phases. Development shall be consistent with a CR Master Development Plan approved by the city council after conducting a public hearing and following the same procedures for a change in zoning.
2. Permitted uses. The permitted uses are specified in Table B, Table of Allowed Uses for Zoning, but only after the use has been approved by the city council as shown on a CR Master Development Plan.
3. Additional Permitted Uses. Condominium marinas are allowed in the CR Zoning District so long as the owner or property owner association for the Condominium Marina establishes and maintains a contractual relationship with one or more of the primary land use facilities located in the CR Zoning District. Condominium Marinas must obtain the appropriate marina permits from the LCRA or provide a letter from the LCRA that permits are not required. Condominiums marinas must fulfill and meet the requirements of the City’s Site Development Ordinance and obtain appropriate building permits prior to construction or expansion.
4. [Reserved.]
5. [Reserved.]
6. Development Standards. The maximum Building Height and the Minimum Area of Dwelling shall be as specified in Table A, Table of Development Standards and as may be shown on an approved CR Master Development Plan. See Section 3.123 and Section 3.124 of Chapter 3 for exterior appearance requirements.
7. Minimum Parking Area. Off-street parking shall be provided in accordance with Section 7, herein.

All multifamily and non-residential development shall be required to obtain design review approval to mitigate potential negative impacts to nearby or adjacent residential districts unless explicitly waived by request in an ordinance that zoned or rezoned the property. See Section 6.105 below.

Every building hereafter erected or moved shall be on a platted lot with access to a public street, or with permanent access to an approved private street.

1. No principal building or structure shall have any front, side, or rear setback distance less than that required by Table A, Table of Development Standards.
2. Unroofed steps, balconies, porches, roof overhangs, and ramps shall not be considered as part of the principal building or structure when measuring the setback distance of such building or structure. Also see specific exemptions as described and limited in Section 5.40(f) below.

Yards are the required minimum open areas between building setback lines and lot lines. Structures shall not be permitted in yards except as otherwise provided herein or the building code.

1. Front Yards. Front yards extend the full width of the lot. Their depth is measured from the edge of the right-of-way line of the street to the minimum front setback line.
2. Rear Yards. Rear yards extend the full width of the lot. Their depth is measured from the rear lot line to the minimum rear setback line.
3. Side Yards. Side yards extend from the front yard to the rear yard. Their depth is measured from the side lot line to the nearest minimum side setback line, parallel to the adjacent property line. As Table A includes both a minimum side yard setback and a cumulate minimum side yard setback, the side yard building lines cannot be considered absolute. The cumulative minimum side yard requirement is based on the sum of the two smallest side yards, regardless of the number of property lines that are not geometrically continuous that might define those side yards.
4. Through lots/double fronted lots. Lots abutting a street in both the front and rear. In the case of through lots abutting on more than one street, the full width of the front yard shall be provided at each street. Except for double frontage lots that include a landscaped pedestrian path and screening wall as part of the public improvements integral to the development, the rear yard shall meet all other front yard requirements or restrictions, including those related to fences in Section 22 below.
5. All garage openings shall have yards of at least 20 feet (a 20-foot setback), measured perpendicular to the nearest property line at a right-of-way and notwithstanding a lesser requirement otherwise specified in Table A below.
6. The following structures are exempt from the setback requirement in accordance with the specific conditions and limitations described:
   1. Uncovered wood decks are permitted within required rear yard setbacks when the maximum height above adjacent grade is less than thirty inches;
   2. Retaining walls are allowed within any required setback when at least one side of the wall includes backfill that is within six inches of the top of the wall;
   3. Air conditioning equipment and above-ground propane tanks will be allowed in a side yard setback, so long as they do not preclude or inhibit access to the rear of the property for emergency services;
   4. Accessory buildings within residential zoning districts that are 120 square feet or less in area as specifically provided for in Section 6.10(b)(2) of Chapter 14 below;
   5. Fences in accordance with Section 22 of Chapter 14 below; and
   6. Fountains, free-standing trellises, flag poles, basketball goals, and other similar structures.

The impervious area covered by the principal and accessory structures, patios, parking areas and any other impervious cover of the ground shall not exceed the maximum percentage of the total lot area shown on Table A, Table of Development Standards or as provided for in a PDD ordinance.

No structure shall have a height greater than that permitted by Table A, Table of Development Standards and as provided for in the definition of building height, herein, or as provided for in a PDD ordinance.

1. No dwelling shall have an enclosed living area smaller than that required by Table A, Table of Development Standards or as provided for in a PDD ordinance.
2. The minimum living area shall be computed exclusive of unfinished attics, breezeways, garages, open porches, carports, or accessory buildings not designed and used directly and specifically for dwelling purposes.

No structures shall be erected and no vegetation lower than 14 feet or taller than three feet shall be maintained in the area of a sight triangle (a right triangle) formed according to the following chart of a corner lot, and at all intersections of a driveway and a public or private street or the intersections of an alley or driveway to an alley.

* An uncontrolled street is one in which traffic at the intersection does not have a yield or stop sign or a traffic signal to heed. For purposes of this chapter, no driveway may be considered controlled, even if it has a stop sign.

No structure shall be erected and no vegetation shall be maintained along winding streets which materially obstruct safe visibility for vehicular traffic.

A site for non-residential or multifamily use, which abuts a single or two-family residential district, or area designated as such in a PDD shall be screened from view by means of a screening device of at least six feet (6') in height and in accordance with Section 20, herein.

Visual screening shall be accomplished by use of earth berms and landscaping/solid vegetation, or fences, walls, and similar screening devices as specified in the approved design review required by Section 6.105 below.

(Ordinance 12-12-06-01, ex. 2, adopted 12/6/12)

See Section 3.123 of Chapter 3.

(Ordinance 18-05-17-01 adopted 5/17/18)

Occupancy and use of structures shall be permitted only after the owner has met the requirements of this chapter, the City’s Building Code, the site development standards of the code of ordinances, site development and building permit approval, removal of construction debris from the site, grading, and Certificate of Occupancy.

(Ordinance 12-12-06-01, ex. 2, adopted 12/6/12)

Construction, placement, operation, and maintenance of accessory buildings and uses shall comply with the following standards and procedures.

1. Accessory uses and buildings shall not be permitted on a lot in the absence of a principal use or building on the lot except as provided in Section 4.90 (commercial resorts), Section 17 (conditional uses), and Section 22 (fences) of this chapter. A separate lot adjacent to a principal use or building with common ownership must instead obtain approval for an amended plat that permits the proposed accessory use or building to be located on the same lot as the principal use or building. Once an accessory use such as an accessory building, or boat dock exists on a single lot with a principal use or building, it cannot be subdivided until (1) a principal use or building is established on the lot containing the accessory building or use; (2) the accessory use or building has been removed from the lot; or (3) has been approved in accordance with Section 17, conditional uses, of this chapter.
2. Residential Districts. In zoning districts permitting one- or two-family dwellings, accessory buildings and uses are permitted according to the following:
   1. Number. No more than two accessory buildings thirty (30) sq. ft. and larger shall be permitted on a lot or parcel.
   2. Screening and Landscaping. For accessory buildings to be located on property (a) adjacent to a one- or two-family use or a zoning district that allows one- or two-family use; and (b) for which a wall or walls face and are closer than 25 feet to adjoining property, the accessory building wall shall be screened as follows:
      1. One shrub, cactus, tall ornamental grasses, dwarf palm or combination thereof that is/are at least two feet tall or from a five-gallon bucket shall be planted within four feet of the wall to be screened for every three feet or fraction thereof wall to be screened; and
      2. One tree at least 1-1/2 inches in diameter at 3.5 feet above the ground shall be planted within 10 feet of the wall to be screened for every 25 feet or fraction thereof wall to be screened.
      3. Existing shrubs or other low screening plants that are at least two feet tall and trees may be used to meet the screening requirement.
      4. In lieu of landscape screening, the accessory building wall may be screened by a solid fence or hedgerow that is at least six feet tall.
      5. If the adjoining property to be screened has an existing solid fence or hedgerow that is at least six feet tall, screening of the accessory building is not required.
      6. Screening of accessory vehicular garages permitted in the front yard of a principal building is not required.
   3. Accessory buildings under 30 sq. ft.
      1. Placement and setback. These buildings shall not have a setback.
      2. Height. These buildings shall be no taller than nine (9) feet measured from the highest grade adjacent to the building and no taller than six (6) feet at the eaves.
      3. Permitting Not Required. A permit is not required before placement of this building.
   4. Accessory buildings between 30 sq. ft.–120 sq. ft.
      1. Placement and setback. These buildings shall not be placed within the front yard. They may be placed within the side and rear yard, but no closer than five (5) feet to a side or rear lot line. Setback from a corner side lot line shall be at least fifteen (15) feet.
      2. Height. These buildings shall be no taller than nine (9) feet measured from the highest grade adjacent to the building and no taller than six (6) feet at the eaves.
      3. Permitting Required. A permit issued from the Development Services Department is required before placement of this building.
   5. Accessory buildings larger than 120 sq. ft.
      1. Placement and setback. These buildings shall meet the same front, side, and rear yard setback standards as the principal building or accessory building shall have a minimum front yard setback of 20', whichever results in the greatest front yard setback.
      2. Additional Regulations on Accessory Garages. It shall be at least 250 sq. ft. in size. Screening must meet landscaping and standards prescribed in subsection (E)(ii) below.
      3. Architecture and material.
         
         
         1. For accessory buildings the facade material colors must match the principal building.
         2. The roof shall be the same color as on the principal building. The roof pitch should be similar in perspective to that of the principal building.
      4. Height. The height of the accessory building shall not exceed the lesser of the height of the principal building or the maximum height specified in Table A, Table of Development Standards for any given zoning district, except in accordance with the provisions of Section 11.60 below.
      5. Additional Restrictions.
         1. The floor area of the accessory building cannot exceed fifty percent (50%) of the floor area of a principal building. For the purpose of determining compliance with this requirement only, floor area shall consist of any enclosed or attached covered area. When a covered area is attached to both a principal building and an accessory building, that area shall be included with the floor area of the accessory building.
         2. The accessory building must be screened with landscaping from any street side with xeriscape evergreen shrubs a minimum of two (2) feet in height at time of plantings and maximum of three (3) feet on center. This excludes portions of the facade with pedestrian doors, vehicular access doors, and areas of the facade with two (2) feet or less between any doors and/or end of the facade. Plantings shall be located near the building walls to the satisfaction of the City. Plantings shall be maintained and replaced as necessary to maintain this standard.
      6. Permitting Required. A permit issued from the Development Services Department is required before placement of this building.
   6. Carports. Carports are allowed in the manufactured home and industrialized housing zoning district but only by conditional use permit in other zoning districts. In manufactured home and industrialized housing districts, they may be attached or detached and there are no architecture or material standards.
      
3. Commercial Districts.
   1. Accessory buildings incident to any of the listed commercial uses shall be allowed, provided that they are not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance, or not in compliance with local, state, or federal requirements. No accessory building shall be constructed upon a lot until construction of the principal building has commenced, nor shall an accessory building be used until the principal building on the lot is complete and used.
   2. Setback. All accessory buildings must comply with the setback restrictions for the district in which the main-use building is located, as stated in Table A, Table of Development Standards.
   3. Height. The height of the accessory building shall not exceed the lesser of the height of the principal building or the maximum height specified in Table A, Table of Development Standards for any given zoning district, except in accordance with the provisions of Section 11.60 below.
4. All Districts.
   
   
   1. Boat docks and boathouses.
      1. Boat docks and boathouses anchored in the lake below the 681 elevation are exempt from number, location, setback, material, and screening standards.
      2. Boat docks and boathouses are not eligible for conditional use approval except as specified in Section 17.05 below.
   2. Aircraft parking. Improved parking pads or lots for aircraft on property that has direct aircraft ground access to an airport may be constructed without a principal building on the property.
   3. Special Exceptions. A property owner may apply for a special exception in accordance with the procedures specified in Section 11.60 of this chapter for relief from requirements of this section, specifically limited to the number, height, setbacks, screening, architecture, and material colors. However, approval for a carport in any single-family or two-family residential zoning district in which they are not otherwise permitted shall require a conditional use approval as specified above and in accordance with Section 17.
   4. Accessory buildings for which a city permit was issued before September 1, 2011, that does not conform to the above standards shall be considered legally non-conforming.

(Ordinance 16-11-17-02 adopted 11/17/16), (Ordinance 17-07-20-01 adopted 7/20/17)

1. Air-conditioning units, evaporative coolers, and other similar objects, if placed upon or above the roof of a multifamily or commercial structure shall be architecturally concealed from the front street right-of-way.
2. Roof-mounted air-conditioning units and evaporative coolers, if placed on a residential structure, shall be architecturally concealed from the front street right-of-way.

Clotheslines shall be placed to be concealed from view from the front street right-of-way.

1. No parcel of land shall be disturbed by grading, filling, removal of rock, soil, or mineral matter until the owner has received the necessary permits and is in compliance with the City’s Building or Site Development Ordinances regulating building of permanent commercial and residential structures.
2. Any cut or fill in excess of four (4) feet shall be subject to review by the city manager or his/her designee and may require a permit application prepared by a registered professional engineer.
3. Compaction of all fill and back material shall be in accordance with accepted standards and as approved by the city manager or his/her designee.
4. No parcel of land shall be disturbed or altered deliberately in any way that would permit additional quantities of water from any source, other than what nature originally intended, to flow from his property onto any abutting property that would create an adverse affect on the abutting property or public right-of-way, as determined by the city manager or his designee.

Reserved for future use.

1. Enclosure Required. Every outdoor swimming pool constructed or installed after the effective date of this ordinance shall be completely enclosed, by a fence, or a wall, or a combination thereof, which is not less than four (4) feet in height. The fence and/or wall shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension except for doors and gates. If a picket fence is erected or maintained, the horizontal spacing between pickets shall not exceed four (4) inches. The walls of a dwelling, house, or accessory building may be used as part of such enclosures.
2. Gates. All gates and doors opening through an enclosure required pursuant to subsection (a) above shall be equipped with a self-closing device for keeping the gate or door securely closed at all times when not in actual use, provided that a door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped.
3. Applicability. Subsection (a) above shall be applicable to all existing swimming pools, other than indoor pools, effective April 15, 2003. No person in possession of land within the city, whether as owner, purchaser, lessee, or tenant upon which a swimming pool is constructed or installed shall fail to provide and maintain a secure enclosure around such swimming pool.
4. Modifications. Persons owning pools may make application to the city council which may authorize modifications and variances in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gate or latch, or the necessity therefor, provided the minimum level of protection and security intended by this ordinance is not reduced thereby. The city council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gates, and latch required.
5. Exceptions. The requirements of this subsection shall not apply to swimming pools that are constructed, operated, and maintained in conjunction with a motel or hotel which operates twenty-four (24) hours per day and which provides such pool for the use of its tenants and their guests, or that are covered by and subject to the State requirements governing pools for multi-unit rental complexes and property associations set forth in Chapter 757 of Title 9 of the Texas Health and Safety Code.
6. Definitions. The term “swimming pool,” as used herein, shall mean a body of water in an artificial or semi-artificial receptacle, structure or container located outdoors, either above ground or below ground, used or intended to be used for public, semi-public, or private swimming, and shall include swimming pools used or intended to be used solely by the owner or others without payment of any fee.

(Ordinance 12-12-06-01, ex. 2, adopted 12/6/12)

1. No animals, livestock or poultry of any kind, except as set forth below, shall be raised, bred or kept outside or in a structure designed to feed them, unless permitted by SUP or PDD. Dogs, cats or other household pets may be kept. At no time shall any animals be kept or used for breeding purpose and they may not kept in quantities which create an annoyance or nuisance. The above exceptions must fully comply with all regulations of the City of Lago Vista and with State law.
2. Exceptions are as follows:
   1. Horses are allowed on lot 1980, Lago Vista Estates, Section 6.
   2. Farm operations that have been in existence for at least one year before October 1, 2009, annexed after October 1, 2009, and are exempt from city regulation in accordance with Chapter 215 of the Texas Agricultural Code.
   3. Chickens (females only) may be kept in numbers and within enclosures defined in the Animal Control Ordinance throughout the City; all other domestic farm birds must be permitted by SUP or PDD.
   4. Chickens may be kept in larger numbers than those allowed in the Animal Control Ordinance for educational agricultural purposes (FFA or 4-H) for a period not to exceed six (6) months if permitted by SUP.
      (Ordinance 16-12-15-02, sec. 3, adopted 12/15/16)

1. Above ground containers for liquefied petroleum gas shall be allowed in accordance with the International Fire Code, Texas Railroad Commission rules, and behind the front building line, in the side building line not adjacent to a street and within the rear building line that is not adjacent to a street. They shall be landscaped or screened in such a way as to diminish views from street right-of-way as determined by the building official.
2. Buried liquefied petroleum gas tanks may be placed anywhere on the lot so long as the tank and related appurtenances comply with the fire code and Texas Railroad Commission rules and shall be landscaped to diminish views from street right-of-way as determined by the building official.

Commercial moorings, piers, and docks shall be erected or installed in accordance with the City’s Marina Ordinance.

The only signs or advertising permitted in the City, including temporary signs, are those which meet the requirements of the City’s Sign Ordinance, and amendments thereto.

In nonresidential districts, storage structures for solid waste containers (dumpsters) are required. The design, location and screening of any dumpster in any district shall be approved by the Building Official in advance of their placement on the site. Dumpsters are not permitted in zoning permitting one- or two-family dwellings.

1. Tools, household effects, machinery, or containers stored on private property shall be so placed and stored to be concealed from view from the front street right-of-way.
2. During construction or development a lot or tract of land may be used for the storage of materials and equipment, construction equipment and vehicles, including chemical toilets, used in the construction or development. All materials, vehicles, and equipment shall be removed prior to issuance of a Certificate of Occupancy (see City’s Building Code).

1. Any storage of unregistered, inoperable, or vehicles that have the appearance of being inoperable, on a lot or parcel not specifically authorized by this chapter is prohibited unless contained within a building that screens them from any direction. This provision applies to all vehicles, including recreational vehicles, boats, and trailers. Covering a vehicle outside of such a building with any material does not screen it sufficiently for compliance with this requirement.
2. When not fully enclosed within a structure or specifically authorized by this chapter, all non-commercial utility trailers (see Section 2.10 above), recreational vehicles or trailers designed for a boat, jet-ski, or motorcycle instead of materials or debris shall be located on an improved surface that addresses erosion control concerns and can support the vehicle or trailer.
   
   1. Such improved surface shall be located inside the property line of property with a principal (not accessory) use building and shall at all times be free of weeds, grass, refuse, debris, or standing water.
   2. Continuously improved access to the improved parking or storage surface from a public or private street is not required.
      
   3. The impervious surface limitation within Table A, Table of Development Standards shall include all improvements required by this section.
      
3. Commercial trailers, equipment, or vehicles (which does not include recreational vehicles, non-commercial utility trailers or other recreational trailers specified in the subsection directly above) are permitted to be parked or stored on residential property only within a fully enclosed garage or accessory building, or behind a fence that is no less than ninety-five (95) percent solid and no less than six (6) feet in height in a location permitted by Section 22.30 of this chapter or an approved variance.
   1. When such vehicles, equipment, or trailers are parked or stored outside of a fully enclosed garage or accessory building, an improved surface that addresses erosion control concerns and can support the vehicle or trailer is required.
   2. When partially concealed by a fence in accordance with the requirements above rather than a fully enclosed garage or accessory building, the improved parking or storage surface shall be located on the same lot as the primary residence.
   3. The access route to the parking or storage locations for commercial trailers is not required to be paved.
   4. The impervious surface limitation within Table A, Table of Development Standards shall include all improvements required by this section.
   5. These requirements do not apply to the temporary storage or parking of vehicles or trailers used to complete work authorized by active permits at this same location.
4. Commercial vehicles and equipment other than trailers (see Section 2.10 above) that are parked or stored on a residential property shall be located on an improved surface that is accessed by a driveway that is continuously connected to a public or private street and meets all applicable local requirements, including Chapter 11 of the Lago Vista Code of Ordinances.
   1. Both the parking surface and the access driveway shall be constructed of a surface meeting all applicable local requirements.
   2. Both the parking surface and the access driveway shall be located on the same lot as the primary residence.
   3. The impervious surface limitation within Table A, Table of Development Standards shall include all improvements required by this section.

For purposes of this section a commercial vehicle is a motorized vehicle or trailer with a load capacity greater than 1-1/2 tons that is used in a commercial enterprise, or has a business or service or product sign on the vehicle, or whose principal use is to carry equipment or material.

Storage of any vehicle on unimproved property or vacant property that is not a parking lot built in accordance with the city code is prohibited unless such vehicle is involved in permitted or authorized construction or development activity.

See Section 3.118 in Article 3.100 of Chapter 3 of the Lago Vista Code of Ordinances.

Surface-mounted satellite dishes are permitted within the city, provided they do not exceed twelve (12) feet in diameter, extend no higher than the building roof line and are located no closer to the street right-of-way than the front building line as defined in Part II Definitions. Satellite dish antennas, not to exceed twenty-four (24) inches in diameter, may be placed on the roof provided the height is no greater than necessary to ensure unobstructed reception of satellite signals. Nondish television and radio antennas may be surface or roof-mounted with no height restrictions imposed by this chapter. See Section 19, herein, for standards and procedures for commercial antennas, towers, and wireless communication systems.

Trash for collection may be placed at the street right-of-way line on regular collection days for a period not to exceed twelve (12) hours prior to pickup. Containers will be removed from the right-of-way within twelve (12) hours following collection.

Industrialized buildings or housing, when erected, shall be the equivalent of any site-built structure of equal size.

1. Camping or Temporary Living Accommodations. Except as explicitly authorized elsewhere in this chapter or within this section below, no property shall be used for camping or temporary living accommodations at any time.
   1. The guests of the owner and members of a single-family residential household with a valid certificate of occupancy may utilize the rear yard of the property for camping for a maximum of fourteen (14) consecutive days.
   2. With advance written notice to the Chief of Police, the guests of the owner and members of a single-family residential household with a valid certificate of occupancy may utilize a recreational vehicle or camper parked on the property (not in a public right-of-way) as temporary living accommodations for a maximum of fourteen (14) days within any ninety (90) consecutive day period.
   3. With the advance written approval of the city manager or their designee, a recreational vehicle or camper may be utilized by the members of a single-family residential household (but not a contractor) as temporary living accommodations when that same single-family residence has been damaged or destroyed by nature or disaster and a permit has been issued for the required repairs or reconstruction.
2. Temporary Construction Uses and Buildings.
   1. Multifamily Residential and Commercial Permits. Temporary buildings or structures are permitted to serve as storage or office space when associated with a permitted multifamily or commercial construction project. Temporary buildings or structures shall comply with the restrictions related to the “sight triangle” specified in Section 5.80 of this chapter unless a driveway in question is precluded from use during construction by temporary fencing or other similar acceptable barricades. All temporary buildings or structures shall be removed upon the completion or abandonment of construction work covered by the permit.
   2. One and Two-Family Residential Permits. A limited number of temporary buildings or structures to serve as storage or office space associated with a one or two-family residential construction project may be allowed for a specific duration when approved in advance as part of the building permit review. A site plan showing the size and location of each temporary building or structure is required along with a description of the construction progress that will mandate the removal of each temporary building or structure. Temporary screening may be required, or minimum setbacks imposed for structures otherwise visible from an adjacent golf course.
3. Model Homes. Any permitted single-family residence within a subdivision initially platted in 2007 or later may be used as a model home, subject to the provisions of this section and if that use is specified on a current and valid certificate of occupancy issued by the Lago Vista Development Services Department. For the purposes of this article, the term “model home” shall mean any structure designed for use as a single-family residential dwelling that is used or planned for use as a temporary sales office by the builder or entity marketing similarly constructed structures, or that is planned for use or used to demonstration and market other similar single-family residences.
   1. Each builder or ownership entity is limited to a maximum of five model homes within any platted subdivision, including all related sections or phases. No model home is permitted after the last lot or residence within a platted subdivision has been sold to an individual or entity that is not actively offering to build residences within that same platted subdivision, including all related sections or phases.
   2. An amended certificate of occupancy is required whenever a model home is converted to permanent use as a single-family residence. Failure to apply for an amended certificate of occupancy prior to a conversion or when a model home is no longer permitted by the provisions of this section shall be considered a zoning ordinance violation, subject to the applicable penalties.
   3. Model homes shall not be open and accessible to the public for the use permitted by this section before 9 a.m. or after 9 p.m.
   4. Any sign allowed in a C-1 zoning district, including a monument sign, may be permitted in association with a model home as a temporary improvement for as long as the residence is permitted to be used in that manner by this section. However, all such signs shall be removed whenever the use is terminated and as a condition of the required amended certificate of occupancy.
   5. With the exception of the ability to permit a sign not otherwise allowed in association with a single-family residence, all other development standards, building regulations (including outdoor lighting restrictions), and zoning requirements applicable to the property shall be strictly enforced, with no variance application available until after the use of the property as a model home has been terminated.

Prior to the issuance of building permits on any multifamily or non-residential development, design review approval in accordance with the provisions below must be secured in addition to the site development plan approval specified by the requirements within Chapter 3, Chapter 3.5 and Chapter 10 as applicable.

1. Purpose. Many areas within the current municipal limits are the result of subdivision approvals that predate the City and any comprehensive development standards. As a result, there are an abundance of relatively small and inordinately small lots throughout the jurisdiction. In addition, the existing development pattern does not include locations for multifamily or non-residential facilities except immediately adjacent to or very near one and two-family residences or property. Current growth trends have established a need to accommodate an increasing amount of these types of facilities and an opportunity to establish a more sustainable development pattern that includes a full range of housing choices, retail services and employment opportunities. As such, traditional zoning district approvals alone are insufficient to accommodate this type of growth in an orderly manner and to ensure compatibility with existing use rights. The provisions below are for the purpose of mitigating the potential negative impact of otherwise incompatible development and to increase the likelihood that growth instead adds lasting value to the community and promotes its long-term goals.
2. Procedure.
   1. Re-zoning Applications. An applicant shall incorporate a design approval request as an integral part of a zoning district change application involving any of the applicable zoning districts or uses within a Planned Development District whenever adequate detailed information is available to meet the documentation requirements. Required documentation shall include site plans and site elevation concept drawings and any other documents required to illustrate how each of the proposed improvements address the compatibility issues and approval standards identified below. No additional fee is required when the required design approval is part of a zoning district change request.
      
      An applicant that seeks approval of a zoning change while deferring the design approval shall state the specific reasons that adequate detailed information to meet the documentation requirements is not available. The City Council and Planning and Zoning Commission may defer the design approval requirement to a subsequent application in accordance with the procedures in Section 6.105(b)(2) below shall be included as a condition of the zoning change as described in Section 6.105(c) below.
   2. Property with Sufficient Existing Zoning Use Rights. An application for design approval for a property that already includes the necessary zoning rights involving one of the applicable districts or uses within a Planned Development District shall be made on a form supplied by the City. The only exemption results from a specific and explicit request approved in the provisions of the existing ordinance adopting the zoning district change. Documentation required for design approval shall include site plans and site elevation concept drawings and any other documents required to illustrate how each of the proposed improvements address the compatibility issues and approval standards identified below. The application shall require a fee equal to the fee established in the ordinance for site development plan approval. A pre-application conference and/or review with City staff is required prior to the application being placed on a subsequent scheduled or special call meeting of the Planning and Zoning Commission for approval. However, staff approval resulting from these meetings is not required and the applicant can request the matter be placed on a subsequent agenda notwithstanding a staff recommendation to the contrary. A public hearing and notices in accordance with the requirements of Section 13.40 below is not a pre-requisite but can be required at the discretion of the Commission when established during any public meeting.
   3. Site Plan Approval Amendments. Substantive discrepancies between the design approval required by this section and a permit application require an amendment following the same procedures described above for property with sufficient existing zoning use rights. A discrepancy shall be considered substantive whenever it materially changes the impact on a particular adjacent or nearby property in a specific way and as encompassed by the approval standards and criteria enumerated below.
   4. Appeals. An applicant or any aggrieved person, as defined in section 2.10, may appeal the decision of the Planning and Zoning Commissions on an application that seeks design review approval in accordance with Section 6.105(b)(2) above to the City Council in accordance with the procedures for a subdivision variance appeal found in Chapter 10.
3. Conditions. If the Planning and Zoning Commission or the City Council incorporates conditions within their design review approval, all plans and drawings submitted as part of an application for a building permit or other similar required approvals must include compliance with those stipulations. Failure to do so shall be considered adequate basis for a denial of that permit or approval.
4. Approval Standards and Criteria. Regardless of whether it is part of a zoning change request or a separate application in accordance with Section 6.105(b)(2) above, issues to be adequately addressed and resolved in order to receive design review approval include, but are not limited to the following:
   1. Conformity with all applicable regulations within the Code of Ordinances, the current Lago Vista Comprehensive Master Plan and any other adopted land use policies, such as the Interim Growth Management Policy.
   2. The location, arrangement, size, design and general site compatibility of structures and other improvements such as parking, landscaping, fences, lighting, signs and driveway locations to mitigate and otherwise avoid unreasonable negative impact to adjacent property (including public property or a public right-of-way) due to:
      1. Reduced privacy;
      2. Reduced use, utility or property rights;
      3. Avoidable light and sound trespass; or
      4. Unwarranted reductions in the visual or aesthetic quality of views beyond that which is an inherent result of development.
   3. Landscaping, the location and configuration of required offsite parking and the arrangement of open space or natural features on the site shall:
      1. Minimize the visual and environmental impact of large expanses of uninterrupted paving;
      2. Create a desirable and functional open space environment for all intended site patrons, including pedestrians, bicyclists, and motorists; and
      3. Provide buffers and attractive screening to minimize the functional or visual impact of certain uniquely non-residential or multifamily site elements to help create a more logical and natural transition to dissimilar developments.
   4. Circulation systems, transportation components and off-street parking shall integrate to:
      1. Provide adequate and safe access to the site for motor vehicles as well as alternate modes of transportation, including pedestrians, bicyclists, and any potential public transit users;
      2. Eliminate or reduce dangerous traffic movements;
      3. Minimize driveway or curb cuts by using cross-access servitudes and shared parking whenever possible and appropriate;
      4. Accommodate sign locations that do not create sight-obstructions that are potentially hazardous to any transportation mode; and
      5. Clearly define a network of pedestrian connections in and between parking lots, sidewalks, open spaces, and structures that is visible, identifiable, and safe.
   5. Building facades visible from a public right-of-way shall avoid large expanses or massive amounts of unarticulated exterior finish surfaces or that are otherwise lacking in elements that relate to pedestrian or human scale.

1. Off-Street Parking Space Required. Every use shall be provided with off-street parking spaces in accordance with the requirements specified herein.
2. Automobile Parking Dimensions. The following basic dimensions shall be observed for parking and loading spaces.
   1. Standard Spaces. Each space shall have a vertical clearance of not less than 7.5 feet. Each space shall be independently accessible.
   2. Minimum standard parking area dimensions shall be as follows:
      
      

      Type of Parking	Length 90° to Aisle (ft)	Width (ft)	Access Lane Width Two-Way (ft)	Access Lane Width One-Way (ft)	Width of Stall Parallel to Aisle (ft)
      90 degree	18.5	9	24	24	9
      60 degree	18	9	20	17.5	11
      45 degree	17	9	20	13.5	13
      30 degree	16	9	20	12.5	18

   3. Handicapped Spaces. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 13.0 feet wide by 18.5 feet long, with a vertical clearance of 7.5 feet, shall be located in an area not exceeding a 2% slope, and shall be located near and convenient to a level or ramped entrance accessible to handicapped persons. Parking spaces for the handicapped shall be restricted for use by the handicapped only. Handicapped parking shall be provided, designed, and marked in accordance with ADA standards.
   4. Access. Each parking and loading space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley. Each parking space and the adjacent maneuvering area shall be located entirely upon private property. Except for dwellings, there shall be adequate provisions for ingress and egress to all parking spaces, without the need to back into public rights-of-way.
   5. Stripping. In parking areas with five or more parking spaces the parking spaces shall be delineated by stripping the parking spaces.
   6. Construction. Parking areas shall be properly graded for drainage, surfaced with a two course treatment of asphalt and aggregate, asphaltic concrete, concrete, or pavers approved by the building official for one- and two-family parking or the city engineer for nonresidential parking. Temporary parking for parking greater than the number required by this Section may not have to be paved or have pavers, if approved by the city manager or his designee, for instance on land which is essentially solid rock.
   7. Required parking may not be obstructed.
   8. Parking space overhang. The length of a parking space may include a two-foot overhang of a curb or wheel stop, so long as the overhang is not over a walkway or there is no structure over six inches tall within the two feet.
3. Floor Area. For purposes of determining the number of required parking spaces, requirements shall be based on gross floor area, unless stated otherwise below, but shall not include enclosed or covered areas used for off-street parking or loading.
4. Location. All parking spaces required herein shall be located on the same lot as the building or use served, except as follows:
   1. Off-site Parking. Where an increase in the number of spaces is required by a change of use or where such spaces are used jointly by two (2) or more nonresidential buildings or establishments, the required space may be located not to exceed three hundred (300) feet from a building in a C-1, Commercial District, and not to exceed five hundred feet (500') from any other nonresidential building.
   2. Shared Parking.
      1. Not more than fifty percent (50%) of the parking spaces required for theaters, bowling alleys, dance halls, and the like or restaurants open only in the evening, and not more than eighty percent (80%) of the parking spaces required for a church or school auditorium may be provided and used jointly by uses not normally open, used or operated during the same hours as those listed; provided, however, that written agreement thereto is properly executed and filed as specified below.
      2. The city manager or his designee may approve shared parking based on an applicant-submitted parking study demonstrating significantly different peak parking demand.
   3. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are jointly provided (shared parking) and used, a written agreement assuring their retention for such purposes shall be executed by the parties, approved by the City Attorney, recorded with the County of Travis, and filed with the application for a building permit.
   4. Where off-street parking lots are provided in excess of the minimum amounts specified herein, or when off-street parking facilities are provided but not required by this chapter, they shall comply with the minimum requirements for parking specified herein.
5. Mixed Uses. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
6. Building Enlargement. Whenever a building or its uses, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or other to create a need for an increase of ten (10) percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or uses is enlarged to the extent of fifty (50) percent or more in floor area or in the area used, said building or use shall comply with the parking requirements set forth herein.
7. Review by Building Official or City’s Engineer. Off-street parking lots, including ingress and egress, for more than five (5) vehicles shall be reviewed by the Building Official or the city’s engineer for compliance with this chapter prior to the issuance of a building permit or site development permit. The Building Official shall ensure compliance during inspections of construction.

1. Single- and Two-Family Residential Districts. Two (2) off-street spaces per dwelling unit. Enclosed garages are required. The enclosed garage may be attached to or detached from the principal dwelling. This garage shall be a minimum of 400 square feet in area. All garages shall be set back from the street at least the same distance as required of the dwelling but in no case less than 20 feet.
2. Mobile Home District. One (1) off-street parking space per dwelling unit shall be provided. Garages or carports may be constructed if they meet the requirements described in Subsection (a) above.
3. Multifamily Residential District. One and one half (1-1/2) covered off-street parking spaces per each two (2) bedroom or more dwelling unit, or one (1) covered parking space for each one (1) bedroom or bachelor apartment shall be provided. Every unit shall be provided with at least sixty (60) square feet of enclosed storage space.

1. Restaurants. One (1) off-street space for each one hundred (100) square feet of customer floor area, including waiting area and outside dining area, shall be provided by lunch counters, nightclubs, indoor and drive-in restaurants, and all other similar dining and drinking establishments.
2. Auditorium. One (1) off-street space for each four (4) seats in the main auditorium shall be provided by churches, mortuaries, theaters, and motion-picture houses. The applicable International Building Code provisions shall be used to define capacity.
3. Office and Retail Buildings. One (1) off-street space for each three hundred (300) square feet of gross floor area shall be provided by banks and other financial institutions, service stations, retail establishments, or office areas in wholesale establishments, shopping centers containing any combination of the above areas, all office buildings, medical and dental clinics, and laboratories.
4. Child Care and/or Family Home Facilities. One (1) off-street space for each classroom shall be provided by these facilities. There shall further be provided an off-street driveway and loading space for a minimum of four (4) cars for the transferring of passengers.
5. Health Institutions. One (1) off-street space for each four (4) employees (based on maximum employee shift), plus one and one-half (1-1/2), spaces for each four (4) patient beds, plus one (1) space for each staff doctor shall be provided by convalescent homes, homes for the aged or infirm, hospitals, and all other similar institutions.
6. Industrial Uses. One (1) off-street space per one thousand (1,000) square feet of gross floor space shall be provided for all industrial uses.
7. Transient Accommodations. One (1) off-street space for each bedroom shall be provided by tourist homes and other such transient accommodations.
8. Vehicular repair and/or service. One space per service bay or 200 sq. ft. of gross floor area, whichever is greater shall be provided.
9. Hotel/Motel. One space for each sleeping room, plus one space for every 400 square feet of meeting or assembly area and restaurant seating area shall be provided.
10. Other. Parking requirements for parks, marinas, airports, bus depots, motor vehicle sales or repair establishments, truck terminals, terminal facilities, and all other personnel or material terminal facilities shall be determined by the city manager or his designee only after review of a site plan, and shall be based upon all relevant factors required to provide an adequate amount of parking to serve the public, including the size of the facility, number and type of patrons anticipated, and reasonableness when compared to similar facilities. Lots 6C through 69C of the subdivision platted as Lago Vista Travis Plaza shall be deemed as compliant with the above requirements regardless of the specific use, so long as none of the common parking spaces required by the plat are displaced.
11. Handicapped/Accessible Spaces. In each parking facility a portion of the total parking spaces shall be specifically designed, located, and reserved for vehicles licensed by the State for use by the handicapped, according to the following schedule:
    
    

    Total Number of Parking Spaces Provided per Lot	Total Minimum Number of Accessible Parking Spaces Van and Passenger	Van Accessible with Minimum 96" Wide Access Aisle	Passenger Vehicle 60" Wide Accessible Aisle
    1 to 25	1	1	0
    26 to 50	2	1	1
    51 to 75	3	1	2
    76 to 100	4	1	3
    101 to 150	5	1	4
    151 to 200	6	1	5
    201 to 300	7	1	6
    301 to 400	8	1	7
    401 to 500	9	1	8
    501 to 1,000	2% of total spaces provided in each lot.	1/8 of total minimum accessible spaces.	7/8 of total minimum accessible spaces.
    1,001 and over	20 plus 1 for each 100 over 1,000.	1/8 of total minimum accessible spaces.	7/8 of total minimum accessible spaces.

    The spaces will be designed and constructed according to U.S. Department of Justice standards required by the ADA Standards for Accessible Design on file in the Development Services Department.
12. Fractional Requirement. Where the application of the above standards result in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number.
13. Maintenance. All parking lots for Multifamily and Commercial Districts shall provide adequate surfacing and screening so as to emit no offensive dust, dirt, glare, or noise. All parking lots and loading facilities shall be maintained to assure desirability and usefulness of the facility. Such lots and facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading use for which they are required or intended.

1. Any building in a Commercial District hereafter constructed or altered shall provide adequate off-street facilities for loading and unloading of merchandise and goods within or adjacent to the building. Loading space shall be provided in accordance with the following requirements:
   
   

   Off-Street Loading Sq. Feet Floor Area	Spaces (min 12 X 45)
   Under 10,000	0
   10,000–75,000	1
   75,000–150,000	2
   150,000–200,000	3

2. Loading Spaces. Each off-street loading space shall consist of a rectangular area not less than 12 feet wide and 45 feet long, with a vertical clearance of not less than 15 feet.

For a use of a site subject to a PDD, the minimum requirements of this section may be adjusted in their application provided such change is determined by the Council to provide improved design, usability, attractiveness, and protection to abutting uses, in a manner equal to or greater than the specific requirements of this section.

All uses not expressly permitted or authorized by this chapter are prohibited in the city, including but not limited to the following.

1. Maintaining a business within an R-1, R-2, R-4, or R-MH district if inconsistent with Section 16, Home Occupation, of this chapter.
2. (b) Construction vehicles or equipment, singly or on commercial trailers, in driveways, yards, vacant property, or public rights-of-way in residential districts, except for moving vans or construction vehicles during construction. Commercial vehicles and trailers of all types shall not be parked or stored on any lot in any residential district except in accordance with Section 6.65 above.
   
3. Vehicles used for the sale of food or drink without a City permit.
4. Open-air commercial amusements, except those in place for one week or less, and for which a permit has been issued by the City.
5. The sale of fireworks.
6. Kennels and veterinary hospitals with outside runs, unless approved by the city council through the SUP process.
7. Junk yards, salvage yards, and all open-air storage of junk, waste products and salvage material, unless approved by the city council through the SUP process.
8. Oil drilling, extraction or removal of stone, sand, gravel, caliche, minerals, earth, topsoil, or other natural material for commercial purposes, unless approved by the city council through the SUP process.

Except as provided in this section, Sexually Oriented Businesses shall be prohibited from operating without a permit within the city limits.

1. Purpose and Intent. It is the purpose of this Section of the zoning ordinance to regulate sexually oriented businesses to promote the public health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene materials.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
   1. “Adult Arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically operated still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
   2. “Adult Bookstore” or “Adult Video Store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
      1. Books, magazines, periodicals or other printed matter, or photographs, films, motion-pictures, videocassettes or video reproductions, compact disc visual discs, digital visual discs, computer pictures, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
      2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
      3. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an Adult Bookstore or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore or Adult Video Store so long as either:
         1. Two percent (2%) or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or
         2. Two percent (2%) or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
   3. “Adult Cabaret” means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
      1. Persons who appear in a state of total nudity or semi-nudity; or
      2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
      3. Films, motion-pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   4. “Adult Motel” means a hotel, motel or similar commercial establishment which:
      1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion-pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; including those that have a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
      2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours or based on an hourly rate; or
      3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours or based on an hourly rate.
   5. “Adult Motion-Picture Theater” means commercial establishments where, for any form of consideration, films, motion-pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   6. “Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity and/or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
   7. “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a body rub, bathing of the body, or striptease for another person for the sexual arousal.
   8. “Escort Agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
   9. “Establishment” means and includes any of the following:
      1. The opening or commencement of any sexually oriented business as a new business;
      2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
      3. The addition of any sexually oriented business to any other existing sexually oriented business; or
      4. The relocation of any sexually oriented business.
   10. “Permittee” means a person in whose name a conditional use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.
   11. “Nude Model Studio” means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
   12. “Nudity” or a “State of Nudity” means the appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.
   13. “Person” shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
   14. “Semi-Nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the breast, as well as portions of the body covered by supporting straps or devices.
   15. “Sexual Encounter Center” means a business or commercial enterprise that, as one of its primary business purposes, offers any of the following for consideration:
       1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
       2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
   16. “Sexually Oriented Business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
   17. “Specified Anatomical Areas” means the male genitals in a state of sexual arousal and/or the vulva or more internal portion of the female genitals.
   18. “Specified Sexual Activities” means and includes any of the following:
       1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
       2. Sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, or sodomy;
       3. Masturbation, actual or simulated; or
       4. Excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above.
   19. “Substantial Enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed on the effective date of this Ordinance, or under a certificate of occupancy therefor.
   20. “Transfer of Ownership or Control” of a sexually oriented business means and includes any of the following:
       1. The sale, leasing or subleasing of the business;
       2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
       3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
3. Classification. Sexually oriented businesses are classified as follows:
   1. Adult arcades;
   2. Adult bookstores or adult video stores;
   3. Adult cabarets;
   4. Adult motels;
   5. Adult motion-picture theaters;
   6. Adult theaters;
   7. Escort agencies;
   8. Nude model studios; and
   9. Sexual encounter centers.
4. Location. This Ordinance allows the opportunity for consideration of conditional use permits to be issued for sexually oriented businesses in the Medium Commercial (herein “C-2”) zoning districts only.
   1. The following uses may be permitted within the City by conditional use permit only in the C-2 zoning district.
      1. Adult arcades;
      2. Adult bookstores or adult video stores;
      3. Adult cabarets;
      4. Adult motels;
      5. Adult motion-picture theaters;
      6. Adult theaters;
      7. Escort agencies;
      8. Nude model studios; and
      9. Sexual encounter centers.
   2. No use listed in subsection (d)(1) above shall be established within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
      1. A church, chapel, or other regular place of religious worship;
      2. A public or private day-care, elementary, secondary school or institute of higher learning;
      3. A boundary of any residentially zoned district;
      4. A public park, library, or playground;
      5. The property line of a lot used for residential purposes; or
      6. Within one thousand (1,000) feet of another sexually oriented business.
   3. For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises as described in d(ii) above; or to the nearest boundary of any residentially zoned district; or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
   4. For the purposes of this Section, if sexually oriented businesses cannot be located within a minimum of 3% of the existing zoning districts within the City limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this Section, the City will upon written request from an applicant review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of 3% of the City wide zoning, cumulatively within the City limits, can be occupied by a conditional use permitted sexually oriented business, including all nonconforming use sexually oriented business.
5. Sexually Explicit Films and Videos.
   1. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, compact visual disc, digital visual disc, computer picture, slide, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
      1. The application for a conditional use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The Building Official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.
      2. The application shall be sworn to be true and correct by the applicant.
      3. No alteration in the configuration or location of a manager’s station may be made without the prior approval of an amendment to the conditional use permit.
      4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
      5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
      6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in the above subsection (E) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A) of this subsection.
      7. No viewing room may be occupied by more than one person at any time.
      8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
      9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
   2. A person having a duty under subsections (A) through (I) of subsection (e),(1) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
6. Exemptions. It is a defense to prosecution under this Section that a person appearing in a state of nudity did so in a modeling class operated:
   1. By a proprietary school, licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;
   2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
   3. In a structure:
      1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
      2. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
      3. Where no more than one nude model is on the premises at any one time.
7. Permits. All sexually oriented businesses located within the City limits must have a conditional use permit or qualify as a nonconforming use and have a permit to operate as provided herein. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit.
   1. Permits Required. A commercial establishment that is a sexually oriented business as herein defined, shall at all times of operation within the City limits have a valid permit.
      1. A person commits an offense if that person conducts business as a sexually oriented business within the City unless a valid conditional use permit has been issued by the City for the conduct of such business.
      2. A person commits an offense if that person conducts business as a sexually oriented business within the City limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
      3. Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
   2. Issuance or Denial of Any Permit. A permit, renewal or transfer permit shall be issued unless one (1) or more of the following conditions exists:
      1. The applicant has located the sexually oriented business in violation of this Ordinance. Unless the business is a nonconforming use as defined herein.
      2. The applicant(s) failed to supply all of the information required on the application.
      3. The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
      4. The applicant, or any one applicant, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
         1. Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
         2. Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
         3. Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
         4. Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
         5. Any similar offense to those described above under the criminal or penal code of another state.
      5. Any applicant, or any one applicant, refuses to provide a complete and current NCIC and TCIC criminal history of the Applicant obtained by the Applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the Building Official.
      6. Permit fees are not paid in full.
   3. Application Requirements. Initial permit requests for a conditional use permit require each owner, having 10% or more interest in the sexually oriented business, to submit a complete application and to update the application as changes in ownership occur (herein the “Applicant” or “Permittee”). The information required in this subsection must be provided with each application and, as changes occur, updated information within ten (10) days of any change in the information required in the application.
      1. The following information must be provided on the application form:
         1. The name, street address (and mailing address if different) of the Applicant and each and every owner with greater than 10% ownership interest;
         2. Two copies each of recent photographs of the Applicant showing full face and each side face profile;
         3. A complete set of fingerprints on forms from the Police Department;
         4. A complete and current NCIC and TCIC criminal history of the Applicant obtained by the Applicant from the Texas Department of Public Safety. The criminal history must be completed within 15 days of the date the application is submitted to the Building Official;
         5. The Applicant’s driver’s license number, Social Security number, and, if applicable, his/her state or federally issued tax identification number;
         6. The name under which the establishment is to be operated and a general description of the services to be provided;
         7. If the Applicant intends to operate the Sexually Oriented Business under a name other than that of the Applicant, he or she must state:
            1. The Sexually Oriented Business’s assumed name; and
            2. Submit the required registration documents;
         8. Whether the Applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in subsection 8.20(g)(2)(D) and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;
         9. Whether the Applicant has had a previous license or conditional use permit under this Ordinance or other similarly Sexually Oriented Business ordinance from another city or county denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the license or conditional use permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a Sexually Oriented Business ordinance whose license or conditional use permit has previously been denied, suspended or revoked, including the name and location of the Sexually Oriented Business for which the license or conditional use permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;
         10. Whether the Applicant holds any other license or conditional use permit under this Ordinance or other similar Sexually Oriented Business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
         11. The address, and legal description of the tract of land on which the establishment is to be located;
         12. If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the license or conditional use permit is sought, and the date on which the establishment began operations as a Sexually Oriented Business at the location for which the conditional use permit is sought; and
         13. If the establishment is not in operation, the expected start-up date (which must be expressed in number of days from the date of issuance of the conditional use permit). If the expected start-up date is to be more than ten days following the date of issuance of the conditional use permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the construction, repair or remodeling work.
      2. All applications for a conditional use permit must include the following:
         1. If the establishment is a State of Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
         2. If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.
         3. If the establishment is a limited partnership formed under the laws of the State of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto.
         4. If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
         5. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed along with the current address(es) and telephone number(s) of the owner(s).
         6. If the Person(s) identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of the establishment together with the correct address and telephone number of each person with an ownership interest in the property.
         7. If the property is owned by other than a natural person, the complete name, address and telephone of each person with an interest in the entity must be included in the application.
         8. A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established use listed in subsection 8.20(d)(2) within 1,000 feet of the property to be certified. For purposes of this Section, a use is considered existing or established if it is in existence at the time an application is submitted.
         9. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale no smaller than 1/4 inch equals one foot and with marked dimensions of the placement of the building on the tract of land, and the interior of the premises to an accuracy of plus or minus six inches. All locational requirements must be approved by the Building Official within 60 days from the time the application is filed.
         10. Any of subsections (i) through (ix) above will not be required for a renewal application if they were previously presented and the Applicant states that the documents previously furnished to the Building Official with the original application or previous renewals thereof remain correct and current.
      3. Every application for a conditional use permit must contain a statement made under oath that:
         1. The Applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and
         2. The Applicant has read the provisions of this Ordinance.
      4. The Applicant for a Sexually Oriented Business conditional use permit must be qualified according to the provisions of this Ordinance.
      5. If the Applicant who wishes to operate a Sexually Oriented Business is an individual, that individual must sign the application for a conditional use permit as Applicant. If the Applicant who wishes to operate a Sexually Oriented Business is other than an individual, each individual who has greater than a 10% interest in the business must sign and provide all the information required by the application for a conditional use permit as an Applicant and will be considered an Operator if a conditional use permit is granted.
      6. The fact that a Person possesses any other valid license, certificate or permit required by law does not exempt him from the requirement of obtaining a Sexually Oriented Business conditional use permit. A Person who operates a Sexually Oriented Business and possesses another business license, certificate or permit must comply with the requirements and provisions of this Ordinance as well as the requirements and provisions of the law concerning the other license, certificate or permit.
      7. All applications must include a nonrefundable application fee of $2,500.00. An application will not be considered to have been filed until all applicable fees are paid and all information required by the application form has been submitted.
      8. The Applicant must supplement an application with new information received after the date the application was deemed completed. Permittees must supplement application information within ten (10) days of any change in information provided in the application.
      9. All Sexually Oriented Businesses located within the City and in operation as a lawful use conforming to the zoning ordinance before the effective date of this Ordinance are granted a one-time waiver of the application fee. Upon satisfactory completion of the application and surrender of the existing business’ current certificate of occupancy, a new conditional use permit will be issued.
      10. A copy of all applications and supporting documentation for conditional use permits will be maintained by the Building Official.
      11. Upon receipt of an application or supplemental information, the Building Official will review the application to determine if all required and necessary information has been submitted. The Building Official will issue a letter within a reasonable time after receipt of the application or supplemental information and advise the Applicant whether supplemental information must be submitted. The Applicant must provide any supplemental information within 30 days or the application will be returned and the filing fee forfeited.
   4. Public Notice of Pending Application.
      1. After the Building Official has issued a letter advising the Applicant that the application is complete, the Building Official will cause signs (at least 24 inches by 36 inches in size) to be placed on the property subject to the proposed conditional use permit of occupancy that provide notification by specifically stating, with letters at least three inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING.” All lettering on the signs other than above described, will be at least 1 and 1/2 inches x 2 inches in size for each letter on the sign. The sign will also include the name, city and state of residence of each Applicant, the date on which the application was filed, and the time and place of the hearings. The signs will be placed on the property in sufficient quantities and locations to identify the property as being subject to a proposed sexually oriented conditional use permit of occupancy. One sign will be erected on each lot corner to identify the boundaries of the property in addition to one sign for each 300 foot increment of each public road or highway frontage on the property existing or any part thereof. The signs will be erected within seven days after the Building Official has issued a letter advising the Applicant that the application is complete and will remain erected until the application has been approved or denied by the city council.
      2. The City will give notice of the application and scheduled public hearings by publication in two consecutive issues of the City’s official newspaper. The notices will be printed in 10-point boldface type and will:
         1. include the fact that a Sexually Oriented Business conditional use permit has been applied for;
         2. include the exact location, including the street address, of the place of business for which the certificate is sought;
         3. include the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;
         4. include, if the Applicant is a corporation, the names and titles of all officers, directors and shareholders of 10% or more of the corporation;
         5. include the dates and times of the public hearings; and
         6. be published at least 15 days before each public hearing.
   5. Renewal of Permit. Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all persons having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.
   6. Permit Transfers. A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
   7. Revocation of Permit. Any violation of this Ordinance shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
      1. The permittee(s) have located the sexually oriented business in violation of this Ordinance. Unless the business is a nonconforming use as defined herein.
      2. The permittee(s) failed to supply all of the information required on the application.
      3. The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
      4. The permittee, or any one permittee, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
         1. Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
         2. Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
         3. Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
         4. Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
         5. Any similar offense to those describe above under the criminal or penal code of another state.
      5. More than four criminal offenses are committed on the permitted premises in any consecutive twelve month period which fall in one or more of the following categories:
         1. Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
         2. Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
         3. Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
         4. Facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses.
      6. Any person under the age of eighteen, not otherwise permitted by the Laws of Texas to view the material contained on the premises is permitted to enter the premises.
   8. Appeal. All denials and revocations of permit applications and renewals must be appealed to the city council.
      1. If an application for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to appeal to the decision to the city council.
      2. The appeal of a revocation of a permit to the city council shall abate the revocation of the permit until such time as the city council may hold a public hearing.
   9. Permit Fee. Each application for a permit, including renewal or transfer, shall be accompanied by a $2,500.00 application fee. In addition to the fees required for an initial license, the applicant at the time of making an initial application shall pay a nonrefundable fee of $750.00 for the City to conduct a survey to ensure the proposed sexually oriented business is in compliance with the location restrictions set forth in subsection 8.20(d). Additionally, for each applicant identified thereon, there shall be an additional $25.00 fee.
8. Specific Violations.
   1. A person commits a misdemeanor if he or she:
      1. Operates or causes to be operated a sexually oriented business without a conditional use permit. All sexually oriented businesses shall be located within the C-2 zoning district unless such business qualifies as a nonconforming use.
      2. Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.
      3. Operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
         1. A church, chapel, or other regular place of religious worship;
         2. A public or private day-care, elementary, secondary school or institute of higher learning;
         3. A boundary of any residentially zoned district;
         4. A public park, library, or playground; or
         5. The property line of a lot used for residential purposes.
      4. Causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
      5. Causes or permits the operation, establishment or maintenance of more than one sexually oriented business, as defined herein, in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
   2. For the purpose of subsection (h)(1)(C) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises described in subsection (h)(1)(C).
   3. For purposes of Subsection (h)(1)(D) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
9. Nonconforming Uses.
   1. Any sexually oriented business lawfully operating on the effective date of this Ordinance that is in violation of this Section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 10 years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
   2. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a conditional use permit for a sexually oriented business, of a church, public or private day-care, elementary or secondary school, institute of higher learning, public park, library, or playground, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.
   3. All nonconforming sexually oriented business uses in existence at the time of passage of this Ordinance within the City limits shall have sixty (60) days to apply for a permit to operate such sexually oriented business.

Any legal or “grandfathered” use of land or structure that is not permitted in the district in which the use is located may be continued, subject to the following conditions:

1. No nonconforming use of land shall be extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of an ordinance that made the use nonconforming.
2. The nonconforming use of land on any portion of a lot or parcel shall not be moved in whole or in part to any other portion of the lot or parcel other than that occupied by such use on the effective date of adoption of an ordinance that made the use nonconforming.
3. Abandonment. The nonconforming use of a building, structure, or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:
   1. A nonconforming use of land is discontinued for a period of more than ninety (90) consecutive days, it shall be deemed to be abandoned and subsequent use of land shall conform to the regulations specified by this ordinance for the district in which the land is located; or
   2. The intent of the owner to discontinue the use is apparent; or
   3. The nonconforming use has been replaced by a conforming use.
4. Existing structures devoted to a use not permitted by this chapter in the district in which it is located may be modified and ordinary repair and maintenance may be made to the structure, if the modifications, maintenance or repairs do not increase nonconformity. All other modifications shall change the use of the structure to a use permitted in the district in which it is located.
5. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of an ordinance that made the use nonconforming, but no such use shall be extended to occupy any land outside such building.
6. Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
7. When a nonconforming use of a structure, or structure and premises in combination, is discontinued for ninety (90) consecutive days, except for repairs approved by an approved building permit not exceeding one hundred eighty (180) days, it shall be deemed to be abandoned and the structure, or structure and premises in combination, shall thereafter be used in conformity with the regulations of the district in which it is located.
8. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction.
9. The city council, after notice of a public hearing to the landowner and landowners of property within 200 feet of the property on which there is a nonconforming use and after holding a public hearing, may require that a nonconforming use be screened from the view of the street and/or surrounding property, or may require the limitation of any nuisance factor caused by a nonconforming use. (Building materials and contractor’s equipment may be stored adjacent to a building site during construction).
10. Should such nonconforming structure or use be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
11. After notice to the landowner and public hearing, the city council may require that the following nonconforming uses of structures, or of structures and land in combination shall be entirely discontinued within fifteen (15) years after becoming nonconforming:
    All commercial and industrial uses in "R" districts.

1. Any structure lawfully existing (“grandfathered”) on the effective date of an ordinance that made the structure noncomplying that is designed for a use that is permitted in the district where the structure is located but which does not comply with one or more of the dimensional or other development regulations of this chapter, such as limitations on area, lot coverage, height, and location on lot, shall be designated a noncomplying structure.
2. Noncomplying structures shall be treated the same as structures which comply with all of the regulations of this chapter, provided that alterations shall not be permitted which increase the noncompliance.

1. Where special circumstances apply to any nonconforming or noncomplying structure, which does not apply generally to others affected hereby, a variance may be granted for cases of unnecessary hardship.
2. A property owner may apply for a special use permit for the expansion, restoration, or other modification to a nonconforming or noncomplying use or structure or to continue, enlarge, or modify same after it has become abandoned.

The planned development district is a freestanding district designed to provide for the development of land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other zoning districts. It is the intent in such a district to ensure compliance with good zoning and development practices while allowing certain desirable departures from the strict provisions of specific zoning classifications.

While greater flexibility is given to allow special conditions, development standards or restrictions to accommodate higher quality and more desirable development, these procedures are also established to insure against misuse of increased flexibility. A PDD shall not be used primarily as an expedient method to vary from or to otherwise provide relief from development standards that an applicant finds onerous or costly.

1. Application. An application for a planned development district shall be processed in accordance with the provisions of this section. A pre-planning conference is required between the applicant and the Director of Development Services prior to the actual filing of the application.
2. Base District. A base zoning district shall be specified for each tract of land which has essentially the same land uses or permitted uses. The regulations in the base zoning district and all other standards in the code of ordinances shall control unless specifically stated otherwise in the planned development district ordinance.
3. District Plans and Requirements. There are two types of plans that shall be used in the planned development district process. The general purpose and use of each of these plans is described as follows:
   1. Concept Plan. This plan is intended to be used as the first step in the planned development process. It establishes the most general guidelines for the district by identifying the land use types, development standards, approximate road locations and project boundaries and illustrates the integration of these elements into a master plan for the whole district. If approved, the zoning map shall be amended accordingly.
   2. Detail Plan. The detail plan is the final step of the planned development process. It contains the details of development for the property. For smaller tracts or where final development plans are otherwise known, the detail plan may be used to establish the district and be the only required step in the planned development process.
4. Phasing Plan or Schedule. PDD districts larger than 100 acres and any development that will be implemented in phases shall provide a phasing plan or schedule that identifies each distinct proposed construction phase. A required phasing plan or schedule may be included in either the concept plan or detail plan, at the discretion of the applicant.
5. Optional Combined Concept and Detail Plan. At the option of the applicant and in lieu of a separate concept and detail plan, a detail plan that also includes all the information required of a concept plan may be submitted for approval. Such a combined concept and detail plan shall be considered at the same time by both the Planning and Zoning Commission and the City Council. However, such an election by the applicant does not preclude the City Council from adopting an ordinance that approves only the concept plan due to an insufficient detail plan, deferring approval of the detail plan for an additional application.
6. Concept Plan Requirements. The concept plan shall include at least the following:
   1. Relation to the comprehensive plan. A general statement setting forth how the proposed district will relate to the city's comprehensive plan future land use map and applicable policy and the degree to which it is or is not consistent with that comprehensive plan and the proposed base zoning district or base zoning districts.
   2. Acreage. The total acreage within the proposed district.
   3. Survey. An accurate survey of the boundaries of the district.
   4. Land Uses. Proposed general land uses and the acreage devoted to each use, including open space. For residential development, the maximum number of units and the number of units per acre shall be included.
   5. General Thoroughfare Layout. Proposed streets, as a minimum to include all streets rising to the level of arterials or greater. Showing collector and local streets is optional.
   6. Development Standards. Development standards, if different from the base zoning district, for each proposed land use, as follows:
      1. Minimum lot area;
      2. Minimum lot width and depth;
      3. Minimum front, side, and rear building setback areas;
      4. Maximum height of buildings;
      5. Maximum impervious surface coverage;
      6. Minimum parking standards for each general land use; and
      7. Other standards and requirements as deemed appropriate by the applicant, the Director of Development Services, the Planning and Zoning Commission or the City Council.
   7. Existing Conditions. On a map adequate in scale to evaluate required details, the following shall be shown for the area within the proposed district:
      1. Topographic contours of ten feet or less;
      2. Existing streets;
      3. Existing 100-year floodplain, floodway and major drainage ways;
      4. City limits and E.T.J. boundaries;
      5. Zoning districts within and adjacent to the proposed district;
      6. Land use;
      7. Utilities, including water, wastewater and electrical service lines;
      8. Approximate location of critical water quality zones and the proposed use for these areas; and
      9. Other requirements or conditions deemed necessary by the Planning and Zoning Commission or the City Council.
7. Concept Plan Code Deviations. The City Council may approve a PDD concept plan with deviations from any provision in the Code of Ordinances that are consistent with applicable state and federal statutes or requirements. Such deviations shall be listed or shown on a plan that is part of the ordinance that approves the concept plan. Failure to include such deviations cannot be corrected in a detail plan and instead requires an amended concept plan.
8. Concept Plan Expiration. A concept plan approved by the City Council shall not automatically expire. However, if no detail plan is submitted within two years, the City Council or Planning and Zoning Commission may initiate an application to rezone the property covered by the concept plan.
9. Detail Plan Requirements. The application for a planned development district shall include a detail plan consistent with the concept plan as determined by the Director of Development Services. If it is determined that the detail plan is not consistent with the concept plan, a new concept plan must be approved by the City Council pursuant to an additional zoning application. The detail plan shall include the following:
   1. Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor.
   2. Land Uses. Permitted uses, specified in detail, and the acreage for each use.
   3. Off-Site Information. Adjacent and surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the Director of Development Services, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities.
   4. Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses; and trails.
   5. Buildings. The locations, maximum height, building coverage (footprint) and minimum setbacks for all multifamily and non-residential buildings.
   6. Residential Development. The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density).
   7. Hydrology and Drainage. The location of all creeks, ponds, lakes, floodplains, critical water quality zones, and other water retention or major drainage facilities and improvements, along with a calculation of the total percentage of impervious surfaces coverage.
   8. Utilities. The location and route of all major sewer, water, or electrical lines and facilities or improvements necessary to serve the district.
   9. Open Space. The approximate location and size of all greenbelts, open space, common space or recreation areas. A detailed description of the proposed use of all such areas shall specify whether they are intended for public or private use.
   10. Sidewalks, Trails and Bike Paths. Sidewalks, trails, or other improved ways for pedestrian or bicycle use, if proposed.
   11. Landscape Plan. Landscape plans shall be provided for all areas except single-family and two-family residential lots.
   12. Any additional requirements or conditions deemed necessary by the Planning and Zoning Commission or City Council.

Changes in the concept plan shall be considered the same as changes in the zoning ordinance and shall be processed the same as a rezoning application required by this chapter, except as specifically modified within this section. Changes in the concept plan shall require notice based on the legal description of the original PDD approval, excluding only property that has been removed from the district by a subsequent approved zoning change. However, non-substantive changes which do not alter the basic relationship of the proposed development to adjacent property, which do not alter the uses permitted, increase the density, height, or impervious surface coverage of the site, which do not decrease the off-street parking ratio or reduce the required setbacks within the boundary of the site and which do not decrease any buffers shown on the approved detail plan may be administratively authorized in writing by the Development Services Director. Conversely, if any change however minor, is determined to raise new issues of public interest, administrative approval of those changes shall be denied. An applicant or an aggrieved party may appeal such a denial to the Board of Adjustment in accordance with the provisions of Section 11.50 of this chapter.

A concept plan approved by the City Council shall not automatically expire. However, if no detail plan is submitted within two years, the City Council or Planning and Zoning Commission may initiate an application to rezone the property covered by the concept plan.

The Planning and Zoning Commission shall make a recommendation to the City Council. The City Council may approve, deny, modify or add restrictions and requirements, remand for further consideration by the Planning and Zoning Commission, or deny the detail plan. If the City Council initially approved a detail plan in establishing the district, the detail plan may only be amended or approved by the City Council. The approved detail plan shall be permanently filed in the records of the Development Services Department. The Planning and Zoning Commission may recommend, and the City Council shall approve the detail plan if it finds that:

1. Compliance. The detail plan complies with the concept plan approved for that property and the standards and conditions of the PDD district;
2. Compatibility. The detail plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhood or properties outside the plan; and
3. Circulation of Vehicular Traffic. The detail plan provides for the adequate and safe circulation of vehicular traffic.

(Ordinance 12-12-06-01, ex. 2, adopted 12/6/12)

Changes in the detail plan shall be considered the same as changes in the zoning ordinance and shall be processed the same as a rezoning application required by this chapter, except as specifically modified within this section. Changes in the detail plan shall require notice based on the legal description of the original PDD approval, excluding only property that has been removed from the district by a subsequent approved zoning change. However, non-substantive changes which do not alter the basic relationship of the proposed development to adjacent property, which do not alter the uses permitted, increase the density, height, or impervious surface coverage of the site, which do not decrease the off-street parking ratio or reduce the required setbacks within the boundary of the site and which do not decrease any buffers shown on the approved detail plan may be administratively authorized in writing by the Development Services Director. Conversely, if any change however minor, is determined to raise new issues of public interest, administrative approval of those changes shall be denied. An applicant may appeal such a denial to the Board of Adjustment in accordance with the provisions of Section 11.50 of this chapter.

A detail plan approved by the City Council shall not automatically expire. However, the City Council or Planning and Zoning Commission may initiate an application to rezone the property covered by a detail plan for which no permit has been issued or construction begun for a period sufficient in length to support a conclusion that there are no current plans to develop the property in accordance with the approved detail plan.

The City Council may, after receiving a recommendation from the Planning and Zoning Commission, approve by ordinance the creation of a planned development district based upon a concept plan, a detail plan or an optional combined concept and detail plan. Because relief from strict compliance with requirements that would otherwise be applicable is included, the affirmative vote of at least three-fourths of all members of the governing body is required for the approval or amendment of a Planned Development District (PDD). The approved plan shall be made part of the ordinance establishing the district. Upon approval, this zoning district change shall be indicated on the official zoning map of the City.

The approval of development standards and requirements for each use proposed for inclusion in a planned development district shall be based upon the merits of the design and layout proposed for the development. The development standards and requirements to be specified shall include, but not be limited to: building heights, lot widths, lot depths, impervious coverage percentages, lot areas, setbacks and minimum off-street parking and loading requirements. Such standards and requirements shall comply with or be more restrictive than those established in the base zoning district for the specific uses or types of uses allowed in the proposed district, except when explicitly modified by the approved ordinance. Such modifications or exceptions may be granted only when it is found that such modifications are in the public interest, are in harmony with the purposes of this chapter, are consistent with the policies of the comprehensive plan, and will not adversely impact nearby properties because any potential adverse impact has been adequately mitigated.

Absent express approval of deviations meeting the criteria above, all remaining standards and requirements of the City of Lago Vista shall be enforced when applicable, including those contained in or referenced by the Building Regulations, Zoning Ordinances, or Subdivision Regulations. Nonetheless, all requirements or standards established or referenced in the Lago Vista Code of Ordinances are subject to a deviation request except those that are also established by state or federal statutes.

1. (a) The provisions above requiring an affirmative vote of at least three-fourths of the members of the City Council shall apply to the approval of both the concept plan and detail plan, and any subsequent amendments to either component.
2. Planned development districts approved prior to February 6, 2020 may be developed in accordance with those existing ordinance provisions. However, any desired substantive changes to such an existing PDD approval, as determined by the Development Services Director in accordance with Section 10.120 above shall be subject to the current PDD approval requirements contained herein.
3. The Board of Adjustment may not consider a variance application related to property contained within a PDD. The Planning and Zoning Commission or the Board of Adjustment on appeal, may not consider an application for a special exception to height standards related to property contained within a PDD. Applications for relief from any existing requirement related to property contained within a PDD shall be processed as a PDD amendment.