1. Definitions. The following definitions shall apply to this section:
   
   “Allowable Building Area” shall mean the area below and extending thirteen (13) feet beyond the building foundation, including any patios or porches.
   
   “Clear cutting” shall mean the removal of substantially all trees from any property by any means other than a flood, tornado or other natural disaster.
   
   “Native Tree” means any Live Oak, Spanish Oak, Cedar Elm, Shin Oak, Bald Cypress, Post Oak, Pecan, Bur Oak or other such tree indigenous to Central Texas.
   
   “Permeable Surface” shall mean any ground surface that allows for the absorption of water and is not covered by a structure or materials that would prevent the absorption of water.
   
   “Protected Tree” shall mean any tree, except an ashe juniper with a main trunk diameter of ten (10) inches or larger measured at forty (40) inches above ground.
   
   “Shrub” shall mean a self-supporting perennial plant which has leaves.
   
   “Small Native Tree” means Texas Madrone, Black Cherry, Texas Mountain Laurel, Evergreen Sumac, Mexican Buckeye, Flameleaf Sumac, or Texas Persimmon.
   
   “Tree” shall mean any self-supporting woody perennial plant which has a trunk and branches. It may appear to have several stems or trunks as in several varieties of oak and ashe juniper. A tree has a more or less definitely formed crown, usually attaining a mature height of at least eight (8) feet.
   
   “Tree Survey” shall mean a diagram or drawing, prepared by a registered professional land surveyor unless specifically exempted below, which accurately depicts the location and approximate size of all protected trees on a lot and shall include a legend that identifies and differentiates protected trees to be removed and those to be retained.
   
   “Yard Area” shall mean the front, side and rear-yard areas as required under the zoning ordinance and the zoning district requirements applicable thereto.
2. Clear cutting of trees and replacement of trees. Clear cutting of all trees from any property shall be restricted based upon the requirements of this section.
3. Removal of protected trees. Permit required.
   1. No person shall remove or cause the removal of any protected trees without first securing a separate permit or a construction permit that includes the removal of such tree or trees except as follows:
      1. within the “allowable building area” as noted in subsection (e)(4)(A) below, and
      2. as provided for in subsection (m) below.
   2. All permits that include the removal and/or replacement of a protected tree or trees shall be issued by the City of Lago Vista through its Development Services Department. The City staff, Planning and Zoning Commission and the City Council may consider tree removal and replacement as an element of any application for development approval over which they have authority.
   3. Applications for the tree removal and/or replacement permit that are distinct from other construction permit applications must be made in the format designated by the City and shall be signed by the owner of the affected property or their designated representative. All tree removal and/or replacement permit applications shall include a current tree survey depicting the location of all protected trees on the property on which the tree or trees to be removed are located. Subject to prior written documentation from the Development Services Department verifying the size of no more than three protected trees proposed for removal, a registered professional land surveyor shall not be required to certify the required tree survey. The fees charged for the issuance of the permit and the removal and/or replacement of protected trees shall be established by the Lago Vista City Council through its Fee Ordinance.
   4. The approval of a site development plan or building permit for a particular tract of property may serve as the Protected Tree Removal Permit so long as the required tree survey is included along with the site development plan or the building permit application and the removal of specific protected trees is appropriately identified. All removal and/or replace fees shall be paid prior to the issuance of either a temporary or permanent certificate of occupancy.
   5. A Protected Tree Removal Permit may include authorization for the removal of one or more protected trees on a particular lot.
   6. A Protected Tree Removal Permit shall not be required in those instances in which the City of Lago Vista has determined that removal of the protected tree is necessary in order to prevent the spread of Oak Wilt or other disease in accordance with Subsection (m)(1) below, and/or to eliminate a hazard to public health or safety as deemed necessary by any federal, state or local authority.
   7. The permit authority may approve the tree removal, deny the removal, approve removal with replacement, require a fee for removal in accordance with subsection (e)(6) below, or any combination thereof.
4. Nonpoint Pollution Permit Required. In any case of tree removal involving the disturbance of soil, such as with the use of heavy equipment, stump removal, or removal/clearing of ground cover, a nonpoint source pollution permit in accordance with the Highland Lakes Watershed Ordinance adopted by the City is required.
5. Replacement of Protected Trees Required.
   1. Every effort shall be made to allow for as many protected trees, native trees and small native trees to remain on the property as possible. During the building design phase, courtyards, alcoves, and innovative shapes shall be considered. Winding sidewalks and driveways shall also be employed to preserve protected trees when possible. Parking lots shall be designed to incorporate and preserve as many protected trees as possible. Patios and decks shall be designed and located to avoid protected trees.
   2. Any person removing or causing the removal of a protected tree or trees from any property within the City of Lago Vista without a permit issued in accordance with this chapter shall be required to provide for the replacement of the protected trees or otherwise comply with the provisions of this section.
   3. Selection of replacement trees shall include trees listed in subsection (k) of this section and shall be a minimum of two (2) inches caliper measured forty (40) inches above ground level.
   4. The cumulative total caliper inches of replacement trees shall be required to meet or exceed the cumulative total caliper inches of any and all protected trees removed from a tract or property as follows:
      1. Caliper inches of protected trees in the allowable building area shall be replaced or assessed fees at a ratio of 1:1;
      2. Caliper inches of protected trees between 10 inches and 36 inches in diameter measured at forty inches above the ground shall be replaced or assessed fees at a ratio of 1.5:1, reduced to 1:1 if minimum 3-inch caliper replacements trees are provided; and
      3. Caliper inches of protected trees larger than 36 inches in diameter measured at forty inches above the ground shall be replaced or assessed fees at a ratio of 2:1, reduced to 1.5:1 if minimum 3-inch caliper replacement trees are provided.
   5. The placement of replacement trees shall not be allowed within any public utility or drainage easements, natural drainage ways or in any location which limits site distances for vehicular traffic along roadways, rights-of-way, or driveway/roadway intersections.
   6. Replacement trees for nonresidential and multifamily development shall be located as follows:
      1. within a buffer area between the development and one- or two-family zoned property or residences;
      2. in an area between parking lots and a street;
      3. in an area between building(s) and a street; and/or
      4. within parking lots.
   7. If it is not possible or feasible to provide for the replacement of the total number of inches of protected trees to be removed, the owner or controlling agent of the property shall pay a fee to the City of Lago Vista in lieu of tree replacement in accordance with Appendix A, Fee Schedule. Any such fees collected by the City shall be placed in a special fund and the use of these funds shall be restricted for the planting of trees or other greenery, for development or improvements of trails, or for development or improvement of pocket parks as determined by the City Council.
   8. In addition to the required tree survey, all protected trees to be removed shall be depicted on the site plan for the project, including those in the allowable building area. The fee for any removed protected tree that can be detected on aerial or other available imagery, but not documented on the required tree survey shall be assessed as if 36 caliper inches, measured 40 inches above the ground.
6. Multifamily and Nonresidential Development. All multifamily and nonresidential developments within the City are required to submit a Landscape Plan as part of the Site Development Plan and Design Review required for obtaining a permit. While the City encourages the use of native vegetation, xeriscaping and other forms of landscaping to promote water conservation and to retain the natural appearance of the community, all landscape plans and the resulting landscape shall meet the minimum standards of this section.
   1. Landscaping in multifamily and non-residential areas shall be in compliance with the landscape plan approved by the City of Lago Vista and in accordance with this section.
   2. Areas of permeable surface, except the areas of retention and/or detention ponds, shall be landscaped with areas designated as lawn, rock garden or plant bedding area. All such area shall have sufficient topsoil to support indicated plant life and comply with the erosion control requirements within Chapter 3. The City encourages the use of grasses such as buffalo grass to promote water conservation. Areas designated plant bedding shall have sufficient topsoil and other required materials to support the scheduled plants. The landscaped areas shall be separated from parking and other paved areas by concrete, stone or brick curbing.
   3. A minimum number of trees and their location shall be according to the following:
      1. Within parking lots: One shade (not ornamental) tree for every eight parking spaces. Trees may be clustered and uniform planting is not required.
      2. Within areas between a parking lot and a street: One tree for every 40 linear feet of street. Planted trees shall be at least 20 feet from another tree. Trees under existing power lines shall be ornamental trees.
      3. Within residential buffers: Where the development adjoins land used or zoned for one- or two-family development: one shade (not ornamental) tree for every 25 linear feet uniformly spaced.
      4. Planted trees shall be in planting area of at least 64 square feet and no dimension shall be less than eight feet.
   4. Trees required by this section shall be a minimum caliper of two (2) inches measured forty (40) inches from the ground and six (6) feet in height when planted, and shall be one of the species listed in subsection (k), or any other ornamental trees approved by the City.
   5. Retention and Detention Ponds. Exterior walls of retention and/or detention ponds above grade level shall be faced with stone, brick or similar decorative facing, or screening by planting of shrubbery or vines of a type suitable for this area, and as approved by the City.
   6. An owner shall maintain required landscaped areas in a healthy condition, free from diseases, pests, weeds and litter in accordance with generally accepted horticultural practices. An owner who receives notification from the City that plants on site are dead, diseased or severely damaged shall remove the plants within sixty (60) days from receipt of such notification and shall replace the plants within six (6) months after notification or within the next planting season whichever comes first. Any owner who is required to replace plants must use the same species and size of plants shown on the approved landscaping plan or equivalent quality and size.
7. Landscaping in One- and Two-Family Residential Areas.
   1. Prior to the issuance of a Certificate of Occupancy, area of permeable surface within the boundaries of a one- or two-family residential property shall be landscaped with front and side areas designated as lawn, rock garden or plant bedding area. All such areas shall have sufficient topsoil to support indicated plant life and comply with the erosion control requirements within Chapter 3. The City encourages the use of grasses such as buffalo grass in order to promote water conservation. The areas designated plant bedding shall have sufficient topsoil and other required materials to support the provided plants. At least six (6) shrubs will be required to be located on the property preferably in the plant bedding area.
   2. A minimum number of trees per lot are required as provided in the following:
      
      

      Lot Size	Number of trees required
      1–8000 square feet	2
      8,001–10,000 square feet	3
      10,001–14,000 square feet	4
      14,001–18,000 square feet	5
      18,001 square feet or more	6

   3. An owner shall maintain:
      1. required landscaped areas in a healthy condition, free from diseases, pests, weeds and litter in accordance with generally accepted horticultural practices;
      2. the required number of shrubs and trees; and
      3. required accessory building screening and landscaping.
   4. An owner who receives notification from the City that plants on site are dead, diseased or severely damaged or missing shall remove the plants within sixty (60) days from receipt of such notification and/or shall replace required plants within six (6) months after notification or within the next planting season whichever comes first. Any owner who is required to replace plants must use the same species and size of plants shown on the approved landscaping plan of equivalent quality and size.
8. Alternative Landscape Plan. In lieu of meeting the requirements of this section, an applicant may submit an alternative landscape plan to the approving authority. The plan should be superior to what could be achieved from following the specifications of this section.
9. Certificate of Occupancy. Prior to the issuance of a Certificate of Occupancy, properties will be inspected to ensure compliance with any approved landscape plan for the development and with this section. Failure to comply with the approved landscape plan and/or the provisions of this section may result in a denial of the Certificate of Occupancy by the City.
10. Tree Protection During Construction and Tree Protection Zone.
    1. During any construction or land development, the developer or property owner shall take reasonable care to avoid damaging any trees that are to remain on the lot or site. The developer or property owner shall not allow any cleaning of equipment or tools nor the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc, under the canopy of any tree or groups of trees. Trees to remain after construction is complete should be protected from possible injury during construction. Tree protection measures shall be shown on the required landscape plan.
    2. For trees that are to be preserved, a root protection zone according to the following shall be established. The area of the root protection zone shall be at least an area with a radius of six inches for each inch of main trunk measured 40 inches above the ground. The area need not be uniform and can be at no point closer than five feet from the trunk. There shall be no disturbance in the root protection zone. The root protection zone of more than one tree may overlap. The maximum size of the root protection zone shall be 1,000 sq. ft.
11. Preferred Trees. Replacement trees required by the provisions above and any new required trees to be planted shall be a minimum of two (2) inches caliper measured forty (40) inches from the ground and six (6) feet in height when planted, and shall be one of the following species of tree or any other ornamental trees approved by the City. Planting shall be completed in accordance with best practices established in the Tree Care Kit published by the Texas A&M AgriLife Extension Service and the Native Tree Growing Guide for Central Texas available from the City of Austin.
    
    

    American Elm	American Smoketree	Bald Cypress
    Big tooth Maple	Blanco crab apple (ornamental)	Bur Oak
    Carolina Buckthorn	Cedar Elm	Chinese Flame
    Chinese Pistachio	Chinquapin Oak	Crape Myrtle (ornamental)
    Chitalpa	Deciduous Holly (ornamental)	Desert Willow (ornamental)
    Elm	Flame leaf Sumac	Lacebark
    Live Oak	Mexican Buckeye	Mexican Plum
    Monterey Oak	Montezuma Cypress	Pecan
    Rough Leaf Dogwood	Texas Persimmon	Texas Red Bud (ornamental)
    Western Soapberry

12. Removal/Eradication of stumps required.
    1. In the event that any trees of any kind are cut on a lot, the owner of the lot or the owner’s agent will be required to remove, grind or otherwise eradicate the stump of the cut trees in a manner in which the stump will not be noticeable from surrounding properties or the street right-of-way. Stump removal shall occur within 60 days of cutting.
    2. For purposes of this section, a stump will not be considered visible if the top of the stump does not exceed two (2) inches above the surface of the lot at location of the stump.
    3. Removal of one or more stumps from a lot through excavation or bulldozing will require the installation of temporary and permanent erosion and sedimentation controls as deemed necessary by the City of Lago Vista and compliant with the requirements within Chapter 3. Re-vegetation of any area disturbed by the removal of trees or stumps must be accomplished with sixty (60) days of the removal absent the express written permission of the permitting authority. Erosion and sedimentation controls must be maintained in an appropriate manner to ensure their effectiveness and aesthetic appearance until such time as new vegetation is permanently established in the disturbed area(s).
13. Exceptions. The following shall be exemptions to this section.
    1. Trees certified as dead or diseased by an arborist or registered landscape architect at the time of a tree survey required by any permit shall not result in a replacement obligation under the provisions of this section. In addition, any or all trees on a property that are infested with a contagious disease, such as oak wilt, shall be promptly removed in accordance with the requirements of other chapters within the Lago Vista Code of Ordinances. When certified by an arborist or registered landscape architect, removal of trees with a contagious disease shall not result in a replacement obligation. However, any dead or dying tree not caused by a contagious disease but required as a result of permitted improvements shall be replaced as specified herein. The City may require certification by an arborist or licensed landscape architect to verify that a tree is dying.
    2. During the state of an emergency, as declared by the City, the requirements of this chapter may be temporarily waived for a period of time as may be deemed necessary by the City.
    3. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this chapter only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee’s business.
    4. Utility companies franchised by the City may not remove trees without a permit, except in emergency situations which endanger public safety and welfare by interfering with utility service that is contained within rights-of-way or easements.
    5. Fire department personnel actively engaged in fighting a fire may remove as many trees as necessary to aid in containment or suppression of the fire.
    6. Any lot which does not have, as of the effective date of this chapter, the minimum number of required trees or shrubs shall be exempt from any requirement to add trees or shrubs unless a building permit, design review or site development plan review is requested for that property. However, this exception shall not exempt a property owner from the requirement to replace dead or diseased trees under the provisions of (m)(1) above.
14. Failure to Comply.
    1. Failure to obtain a permit prior to the removal of a protected tree will result in a permit fee which is double the fee per caliper inch as the fee established in the Fee Ordinance for the City of Lago Vista.
    2. Failure to comply with this chapter may result in the imposition of additional fees and penalties as contained in this section.
    3. In those cases in which a tree is removed without permit and that tree may have been a protected tree under this chapter the City will rely on any and all available evidence to determine if a violation of this chapter has occurred. For enforcement purposes the City will consider that any stump remaining on the property which is ten (10) inches or more in diameter measured at ground level or higher was a stump of a protected tree as defined by this chapter. See also Section (e)(7) above.
    4. Failure to install landscaping as required by this chapter shall be considered a violation of the building permit and a violation of this chapter. The construction shall not be considered complete until all landscaping is installed as required.

1. Permit.
   1. Short-term occupancy is not permitted in any R-1 zoning district, the R-O, RR-A zoning districts or the R-2 zoning district, except with the approval of a short-term occupancy permit issued by the city.
   2. Application. The application for short-term occupancy shall include the following:
      1. A plat/plot plan that is to scale on an 8-1/2 x 11 sheets showing the lot, parking/driveway, garage and the dwelling in which the short-term occupancy would occur.
      2. The number of maximum occupants requested.
      3. The name of the property owner, agent(s) for the property owner, their contact information.
      4. The name(s) and phone number of any agent of the property owner that would manage and/or lease or rent the property.
      5. The property owner must sign the application.
2. Standards. All short-term occupancies shall comply with the following:
   1. The maximum number of persons that may be in the dwelling at any one time shall not exceed the number applied for in the permit.
   2. Parking. Two spaces per dwelling unit. See section 7.20(a). No parking shall be allowed in the street ROW or on an unimproved surface.
   3. Violation and Penalty.
      1. It shall be a violation of this ordinance (Zoning) if short-term occupancy as defined in this chapter occurs and there is any other violation of the city code associated with the short-term occupancy, for instance noise ordinance violations, trash, or parking standard violations.
      2. The property owner shall be held responsible for violations of this chapter.
      3. The minimum fine for a violation of this section shall not be less than $500.00 for the first violation, and not less than $750.00 for the second and subsequent violations at the same property.

The Board of Adjustment (BOA) may authorize a variance to the provisions of this chapter when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Board shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings in accordance with the rules and conditions of this section, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the numbers of persons who will reside or work in the proposed use, and the probable effect of such variance upon traffic conditions, and upon the public health, safety, convenience and welfare in the vicinity. The Board may not grant a variance that would allow a use not permitted in a zoning district.

No variance shall be granted unless the Board of Adjustment finds:

1. That approval of the variance is not contrary to the public interest (see Section 2.10 above).
2. Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship. A hardship shall:
   1. Not be self-imposed or personal in nature;
   2. Not be purely financial or pecuniary; and
   3. Must relate to a unique aspect of the property for which the variance is sought, such as irregularity of shape or topography, and not common or generally characteristic of the area.
3. That the variance will be no greater than the minimum required to alleviate the difficulty or hardship for which the variance is requested; and
4. That the spirit of the ordinance is observed, and substantial justice is done.
   

The Board of Adjustment may consider the items enumerated in Section 211.009(b-1) of the Texas Local Government Code or any successor statute thereto in considering a variance. However, the consideration of the Texas Local Government Code does not supplant, supersede, or eliminate the mandatory findings of each of the enumerated requirements in Section 11.20 above which should be strictly adhered to and in a consistent manner. That includes but is not limited to the requirement that the unnecessary hardship must be based on special conditions related to a unique, uncommon, or unusual aspect of the property in question. It also specifically limits relief to the minimum required to alleviate the unnecessary hardship, to the exclusion of potential reasonable alternatives.

1. Application and Fee. An application for a variance to the provisions of this chapter shall be made in writing to the City in a form prescribed by the City Manager and shall be accompanied by the fee prescribed by ordinance, a site plan, and additional information as may be requested in order to properly review the application. Such information may include, but is not limited to: plats, site and building plans, and contour maps.
2. Application Deadline. Consideration of the application by the Board of Adjustment shall occur at a regular scheduled or special called meeting following a public hearing no sooner than sixty (60) days or more than one-hundred eighty (180) days after receipt of an application determined to be complete by the City Manager or their designee..
3. Review by the Board.
   1. Review. The Board of Adjustment members shall adequately prepare to make the required determinations for each application for a variance, including studying the application material and visiting the site, subject to compliance with the City’s ethics policy and in the absence of a disability.
   2. Notice and Hearing. Notice requirements for a public hearing by the Board of Adjustment for a variance application shall meet the standards established in Section 13.40.
4. Action by Board. The Board shall not grant a variance unless it finds that each of the conditions in Section 11.20 has been established. The burden of proving that such conditions exist is on the applicant. The findings of the Board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board meeting at which such variance is granted. The concurring vote of seventy-five percent of the members of the board shall be necessary for any decision in favor of the applicant for any matter upon which it is required to pass or to effect any variation of any ordinance, rule or regulation.
5. Conditions Imposed by Board. The Board may impose such conditions, limitations, and safeguards as it deems appropriate upon the grant of any variance.
6. Variance Shall Lapse After Six (6) Months. Any rights authorized by a variance which are not exercised within six (6) months from the date of granting such variance shall lapse. The applicant may apply for one (1) extension without fee. The right to a variance beyond this date maybe re-established only after application and a new hearing pursuant to this section.

1. Appeals to the board may be made by any person aggrieved, or by an officer, department or an agency of the city affected by a decision or action of a municipal authority concerning the zoning ordinance. Such appeal shall be made within 10 working days of the decision, by filing with the city manager or his designee and with the board a notice of appeal, which shall specify the grounds thereof. The city manager or his designee shall transmit to the board all of the papers constituting the record upon which the action appealed was taken. A filing fee, in an amount provided by ordinance to defray part of the expense of legal publication, accumulating engineering data and other administrative costs shall accompany each such notice.
2. An appeal from the decision or action of a municipal authority shall stay all proceedings in furtherance of such action unless the city manager or his designee certifies to the board, after the notice of appeal has been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In the event the city manager or his designee shall make and file such certificate, his action shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record, upon application of the party aggrieved by the action of the city manager or his designee and after notice to him and upon due cause shown.
3. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and shall decide such appeal within a reasonable time. Upon the hearing of such appeal, any interested party may appear in person or by an agent or attorney.
4. In exercising the powers set out in this section, the board may, in conformity with the provisions of state law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the city municipal authorities from whose action the appeal is taken.
5. The concurring vote of seventy-five percent of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the permitting official or a municipal authority, or for any decision in favor of the applicant for any matter upon which it is required to pass or to effect any variation of any ordinance, rule or regulation.
6. Any person jointly or severally aggrieved by a decision of the board, may present any such matter to a court of record for review.
7. The reversal by the board of any order, requirement, decision or determination of the municipal authorities or any decision in favor of the applicant, on any matter, shall lapse after the expiration of ninety days where action by the applicant is not taken pursuant thereto within such period. This provision shall not apply when the applicant has presented to the board a development plan which requires a length of time greater than ninety days, in which event, the board may grant a greater length of time. In no event, however, shall such time granted exceed two years.

1. Purpose. Except as specifically described elsewhere herein, these land use regulations are based upon the division of the City of Lago Vista into zoning districts, within which the treatment of land and improvements is substantially uniform. It is recognized, however, that there are certain improvements that, because of their unique characteristics or circumstances, must be considered individually to address the impact on neighboring land and the community while considering a specific need at a particular location. As such, the Board of Adjustment may approve a special exception in accordance with the various specific procedures described in this section. Such approval, with or without conditions, shall be based on the standards described below.
2. Generally.
   1. Application, Fee, and Deadline. An application for a special exception approval in accordance with the provisions of this chapter shall be made in writing to the City using a form prescribed by the City Manager or their designee and shall be accompanied by the application fee prescribed by ordinance. Applications shall also include all documents required to describe relevant aspects of the proposed construction and additional information as may be requested to facilitate a proper and complete evaluation. Such information shall include, but not be limited to site plans, survey of existing improvements and protected trees, topographic information, and accurate building plans drawn to scale. Consideration of the application by the Board of Adjustment shall occur at a regular scheduled or special called meeting following a public hearing no sooner than sixty (60) days or more than one-hundred eighty (180) days after receipt of an application determined to be complete by the City Manager or their designee.
   2. Public Hearing. The Board of Adjustment shall hold a public hearing prior to consideration of any special exception application.
      
      1. Notice requirements for a public hearing by the Board of Adjustment for a special exception approval shall meet the standards established in Section 13.40.
         
      2. The public hearing to consider a special exception application shall be held at a regularly scheduled or special called Board of Adjustment meeting. The Board may adjourn the public hearing and reopen the hearing on the site seeking the special exception approval at a time announced during the meeting that includes the original public hearing.
         
      3. Board of Adjustment members shall adequately prepare to make the required determinations, including studying the application material and visiting the site, subject to compliance with the City’s ethics policy and in the absence of a disability. Board members who have not adequately prepared may not vote on the consideration of a special exception application.
         
   3. Approval Requirements. The concurring vote of 75 percent of the members of the Board of Adjustment is necessary for approval of a special exception.
      
   4. Term. As opposed to a variance approval, a special exception approval shall expire in one calendar year if not incorporated in a building permit. However, the City Manager or their designee may approve a maximum of two extensions of six months each (a total maximum of one year) upon a showing of hardship received prior to the expiration. Special exception approvals also expire upon abandonment, either voluntary or involuntary, of one calendar year or longer. A new special exception application and approval is required for any approval that has expired.
   5. Appeal. Any individual or group jointly or severally aggrieved by a decision of the Board of Adjustment related to a special exception application may present that matter to a court provided under state law.
3. Special Exception to Height Standards.
   1. Approval Standards. Provided the applicant has fully complied with all requirements, the Board of Adjustment may approve an increase to the maximum height of a principal building, an accessory building, or an addition to a principal or accessory building, if it finds there is no significant adverse impact on the view, as defined in Section 2.10, of another property owner or the architectural context of the surrounding neighborhood created by the proposed additional height. The approval may include whatever conditions might be required to ensure compliance with the standard, but in no case shall it allow an absolute height in excess of 35 feet above the ground measured from the geometric center of the lowest proposed foundation or for more than two stories, outside of the 100-year floodplain. Within the 100-year floodplain, the maximum height above the ground measured from the geometric center of the lowest proposed foundation shall be 45 feet with no more than one floor level above the floodplain. Approvals for a height greater than 35 feet from the geometric center of the lowest proposed foundation shall also be required to demonstrate an “unnecessary hardship” as defined in Section 11.20 and 11.30 above.
   2. Process.
      
      1. Ridgepole. Prior to submitting the required application documents specified below, the applicant shall erect one or more ridgepoles, that clearly and visibly indicate, as prescribed below, both the proposed maximum “building height” and the maximum “building height” allowed by right in the development standards for the zoning district in which the property is located. The ridgepole shall also include clear and visible marking of the reference points described below that are related to the proposed maximum “building height.” Required height indication markings shall be the top edge of a minimum 2-inch-wide, brightly colored, high adhesion tape around the circumference of the ridgepole. Both the pole and markings shall be visible from the street that fronts the property. The proposed maximum “building height” shall be indicated by an orange or red mark that is coincidental to the top of the ridgepole. The maximum “building height” allowed by right in the development standards for the zoning district in which the property is located shall be indicated on the ridgepole by a green mark. Each primary finish floor level of the proposed residence shall be indicated on the ridgepole by a blue mark. If the highest undisturbed natural grade on the property is at least foot or above the federally designated 100-year floodplain, that height shall be indicated on the ridgepole by a yellow mark. Otherwise, one foot above the federally designated 100-year floodplain shall be indicated on the ridgepole by a yellow mark. The ridgepole shall be placed at the approximate location of the highest peak or the center of the highest ridgeline and be constructed of such sturdiness as to remain within five degrees of a true vertical position throughout the application and hearing process. The Board of Adjustments may require additional ridgepoles and that a registered professional land surveyor certify the location and heights of all ridgepoles and markings in a stamped report. All required ridgepoles shall remain in place and their condition maintained through the end of the public hearing process. Unless otherwise directed because of pending or anticipated litigation, the ridgepoles shall be removed no later than two weeks after the final decision by the Board of Adjustments.
      2. Other Application Requirements. In addition to the form referenced in Section 11.60(b)(1) above, the application package shall include the following:
         1. Site Plan. Accurately scaled drawings that indicate the location of the proposed building footprint and all ridgepoles shall be accurately represented. Topographic information is required for the purpose of accurately determining the proposed “building height” and the maximum “building height” permitted by the applicable development standards and as defined in Section 2.10. Both heights shall be specifically included and described on the application form and clearly distinguished from any other referenced heights.
            
         2. Depiction of proposed height. Requirements include some form of accurate scaled depiction, typically building elevations, indicating the proposed maximum “building height” as defined in Section 2.10 and the proposed absolute building height as measured from the top of the geometric center of the lowest proposed foundation. The depiction shall include all ancillary information relevant to the evaluation such as relevant finish grade elevations, finish floor elevations, ceiling heights, framing depth and the proposed pitch of any sloped roof.
            
4. Special Exception to Accessory Building Development Standards.
   
   1. Approval Standards. Provided the applicant has fully complied with all requirements, the Board of Adjustment may approve relief from strict compliance with any of the development standards for accessory buildings required by Section 6.10. The approval of the Board may include whatever conditions might be required to ensue that the relief does not:
      
      1. materially diminish the aesthetic quality of the subject property when viewed from adjacent property, nearby property, or a public right-of-way; and
         
      2. result in any change in the level of privacy otherwise afforded to adjacent property.
         
   2. Process.
      
      1. Narrative. Applicants shall provide a complete and thorough written description of the basis for the requested relief in accordance with the approval standards above. The application form may be used to meet the requirement, but an attachment is mandatory if adequate space is not available.
      2. Site Plan. Accurately scaled drawings that indicate the size and location of the proposed accessory building, and all required setbacks shall be submitted. The site plan shall also identify all existing utility and drainage easements. The edge of adjacent residences within twenty-five (25) feet of the proposed accessory building shall be included on the site plan. Limited topographic information regarding the highest existing grade elevation on the lot and the elevation of the highest peak or ridge of the principal structure is required to verify that a special exception for additional height is not also required. Landscaping required by Section 6.10 above or any relief from those requirements shall be included on the site plan or a separate landscaping plan.
         
      3. Floor Plans. Accurately scaled drawings are required that describe the size and use of all space within or below the roof of the proposed accessory building. The plans shall include all door and window openings as well as any equipment associated with the accessory use.
         
      4. Building Elevations. Accurately scaled drawings that indicate the size, maximum height, roof pitch, exterior finish materials are required. The proposed colors of the roof and exterior finish materials of the accessory building can be included on the building elevations or submitted separately.
         
      5. Existing Principal Structure Information. Accurate drawings or photographs of the existing principal structure shall be included with the application for the purpose of evaluating requirements. The Development Services Department may be able to provide documents related to permits issued in December of 2011 or later.
         

1. Issuance of permits for the City of Lago Vista is determined as strictly an administrative function and not legislative. Permitting officials shall determine whether proposed construction or proposed land use conforms to appropriate municipal ordinances or regulations.
2. The provisions of the Texas Local Government Code grant the city the rights to enjoin violations of ordinances or regulations.
3. A variance or special exception is a request by a person authorized to administer owner’s rights to deviate from existing city ordinance as they apply to zoning or land use.
4. It is conceived that the planning and zoning commission and the municipal administration are duly constituted with individuals who are fully qualified and are considered to possess the expertise required to fully administer the provisions of the appropriate ordinances. The initial processing of normal permit applications will be submitted to the city for initial evaluation. The city will grant either an approval or disapproval based upon the compliance with applicable ordinance.
5. The city’s issuance or refusal to issue a permit based on an original request can be appealed within a reasonable time to the board if an alleged error is considered to have occurred in the enforcement of the appropriate ordinance.

(Ordinance O-12-14 adopted 5/15/14)

The City Building Official or another duly authorized City official may order all work, including site clearing or other site preparation, stopped on any site where a significant violation of this chapter is found. Any person, including a workman on the site, who fails to comply with a stop-work order shall be guilty of a misdemeanor punishable as provided in the penalty section hereof.

In addition to any remedial fee or civil remedy available to the City under this Code or other law, any person, firm or corporation who violates any provision of this chapter or any order made under the authority of this chapter, or who causes or permits any such violation, or who fails to perform any act required hereunder or does any act prohibited by this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than two thousand dollars ($2,000.00). Each and every day on which any violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The owner or tenant of any building, structure or premises and any architect, builder, contractor, agent, or other person who knowingly commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided herein.

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

Amendments to this chapter shall be made by the Council in accordance with the provisions of this section. Amendments shall be of two types:

1. A change of the zoning classification of a parcel(s) of land.
2. An amendment that supplements, changes, or repeals general provisions of this chapter.

1. Who May Initiate Request to Change a Zoning Classification. A request to change the zoning classification of a parcel of land may be initiated by the owner of such parcel or his authorized agent. The City may also propose a zoning change on its own motion, without such a request.
2. Manner of Initiating a Zoning Change Request.
   1. Application by Property Owner. A property owner or his authorized agent may file an application with the City Manager requesting the zoning or a change of zoning for real property. All property owners shall sign the application form and become parties to the application or provide a copy to the City of their express written authority to an agent acting on their behalf in a format compliant with all applicable state requirements. Whenever a property is owned by a corporation, a limited liability company, a partnership or any other similar entity, the person signing on behalf of that entity will provide documentation of that authority. In the case of multiple property owners, a single individual shall be designated on the application form as the source and recipient of all formal correspondence and be responsible for communication with all other parties to the application. Such application shall be accompanied by a fee established by the Council, and shall contain the following information, unless waived in writing by the City Manager or his designee:
      1. The legal description and address of the parcel for which the application is made (the “subject parcel”).
      2. A map showing the present zoning classification, if any, of the subject parcel and of each abutting, adjacent or contiguous parcel.
      3. The present use of the subject parcel and of each abutting, adjacent or contiguous parcel.
      4. The type and location of all structures on the subject parcel and on each abutting, adjacent or contiguous parcel.
      5. The zoning requested and the proposed use of the subject parcel.
      6. Conceptual plan, if required by ordinance.
      7. If required by the planning and zoning commission or city council, a traffic impact analysis.
      8. A map showing the location and line size of the nearest or proposed point of connection to, wastewater and water lines.
      9. Certification from all applicable taxing authorities that all taxes due on the subject parcel sought to be zoned or rezoned have been paid.
      10. Any other relevant information requested by the Commission or the Council.
   2. Application Deadline. Consideration of the application by the Planning and Zoning Commission shall occur at a regular scheduled or special called meeting following a public hearing no sooner than sixty (60) days or more than one-hundred eighty (180) days after receipt of an application determined to be complete by the City Manager or their designee.
      
3. Review of Zoning Change Requests by Planning and Zoning Commission. The Commission shall:
   1. Review each application for a zoning change.
   2. Conduct a hearing. Notice of a hearing before the Commission shall be given by notification as prescribed in Section 13.40(a)(1) and (a)(2) below. Notice of the hearing before the Commission may be combined with the notice given for the hearing on the same matter before the Council.
   3. Following the hearing on the requested change it shall prepare a recommendation for the Council.
4. Required Conformance to Master Plan. The adopted Comprehensive Plan documents the current land use policy recommendations applicable within the municipality and serves as a guideline for future zoning decisions that will yield a balanced, diversified, and compatible pattern of development consistent with the vision of its citizens. While it does not establish zoning regulations or establish zoning district boundaries, no zoning application deemed to be inconsistent with the Comprehensive Plan shall be considered without first successfully seeking an amendment, in accordance with the provisions below, that eliminates that inconsistency.
   1. An application for an amendment to the Comprehensive Plan shall be required prior to the approval of a zoning change application whenever the City Manager or their designee determines that the proposed change is otherwise inconsistent with the adopted Comprehensive Plan. An appeal of that determination shall comply with the procedures outlined in Section 11.50 of this chapter.
   2. An amendment to either the text of the Comprehensive Plan or any of its various components, including but not limited to the Future Land Use Plan or Map, shall be requested using the required form available from the Development Services Department and include the fee specified in Appendix A.
   3. The procedure for an amendment to the Comprehensive Plan shall be the same as specified in this section for a zoning change, including the ability of the City to initiate a proposed amendment and the notice required by Section 13.40 when specific property is the subject of the request. However, the provisions of 13.20(e)(3) are not applicable. Consideration of the application by the Planning and Zoning Commission shall occur at a regular scheduled or special called meeting following a public hearing no sooner than sixty (60) days or more than one-hundred eighty (180) days after receipt of an application determined to be complete by the City Manager or their designee. A successful application shall be accompanied by an amendment to the ordinance that adopted the current Comprehensive Plan. That amendment shall require the affirmative vote of at least three-fourths (3/4) of all members of the governing body for adoption.
   4. Notwithstanding anything in this subsection 13.20(d) to the contrary, the City Council maintains full discretion to adopt a Comprehensive Plan and define the content and design of such Comprehensive Plan. A complete application for the amendment of the Comprehensive Plan shall in no way bind the City Council to amend the Comprehensive Plan. An application for an amendment shall not be considered unless one of the following is shown:
      
      1. a significant and unanticipated change, such as an unexpected substantial investment or capital improvement within an area or neighborhood, deterioration or closing of an impactful facility, and disinvestment or deterioration of a development, neighborhood, or area;
         
      2. a demonstrable error, oversight, or omission; or
      3. a change that asserts to better achieve the vision, goals, objectives, policies, and desired outcomes expressed within the Comprehensive Plan.
   5. An application for an amendment to the Comprehensive Plan based on significant and unanticipated change under subsection 4(A), above must show the following:
      
      1. that the significant and unanticipated change to the area that includes the impacted property occurred after the adoption of the Comprehensive Plan;
      2. the property is unlikely to be developed in accordance with the land use designation, policies, or recommendations in the current Comprehensive Plan; and
      3. that the proposed change is the most appropriate designation for both the property and the surrounding area.
   6. An application for an amendment to the Comprehensive Plan based on demonstrable error, oversight, or omission under subsection 4(B), above must identify specific and tangible items such as inaccurate, contradictory, or inconsistent information or recommendations, rather than generalities or unsupported conclusions.
      
   7. An application for an amendment to the Comprehensive Plan that asserts to better achieve the vision, goals, objectives, policies, and desired outcomes under subsection 4(C), above must show the following:
      
      1. that the proposed change does not require an evaluation that is broader or more comprehensive in scope;
      2. that the proposed change maintains or increases compatibility with existing land use patterns or designated future land uses;
      3. that the proposed change would result in benefits, advantages or other similar favorable impacts to the adjacent property or area; and
      4. that the property is physically capable of accommodating the proposed change (size, shape, topography, etc.).
5. Review of Zoning Change Request by City Council. The Council shall:
   1. Review the Commission recommendation.
   2. Before acting upon the zoning change, hold at least one (1) public hearing on the proposed zoning change. Notice of a hearing before the Council shall be given by publication as prescribed in Section 13.40(a)(2) below. Separate written notice to property owners is not necessary. Notice of the hearing before the Council may be combined with the notice given for the hearing on the same matter before the Commission.
   3. Take appropriate action as follows:
      1. The Council may enact a proposed change of zoning by ordinance, if it finds that such change is in the public interest. A change of zoning may be enacted, even though such proposed change does not conform to the land use map in the City’s Master Plan provided that the Council’s findings conform to the requirements of Section 13.20(d).
      2. A change of zoning shall not become effective except by the affirmative vote of at least three-fourths of all members of the governing body if a written protest, signed by owners of at least twenty percent (20%) of either:
         1. The area of lots or land covered by the proposed change;
         2. The area of lots or land immediately abutting the area covered by the proposed change and extending two hundred feet (200') from that area, that is within the municipal limits of the City of Lago Vista.
         3. In computing the percentage of land area described in this subsection, the area of streets, alleys, and publicly owned property within the municipal limits of the City of Lago Vista shall be included.
      3. A change of zoning shall not become effective except by the affirmative vote of at least three-fourths (3/4) of all members of the governing body if the Commission has recommended against enactment of a proposed zoning change.
         
      4. Approval or an amendment of a Planned Development District (PDD), including a concept plan, a detail plan, or a combined concept and detail plan shall not become effective except by the affirmative vote of at least three-fourths (3/4) of all the members of the governing body.

1. Initiation of an Amendment by the Planning and Zoning Commission or City Council. Amendments to this chapter may be proposed by the Council or the Commission.
2. Commission Action. The commission shall:
   1. Review the proposed amendment.
   2. Conduct a hearing. Notice of a hearing before the Commission shall be given by notification as prescribed in Section 13.40(a)(2) below. Notice of the hearing before the Commission may be combined with the notice given for the hearing on the same matter before the Council.
   3. Following the hearing on the proposed amendment it shall prepare a recommendation for the Council.
3. Review of Proposed Amendments by City Council. The Council shall:
   1. Review the Commission recommendation.
   2. Before acting upon the proposed amendment, hold at least one (1) public hearing. Notice of a hearing before the Council shall be given by publication as prescribed in Section 13.40(a)(2) below. Notice of the hearing before the Council may be combined with the notice given for the hearing on the same matter before the Commission.
   3. Take appropriate action if it finds that the proposed amendment is in the public interest. An amendment to the chapter shall not become effective except by the affirmative vote of at least three-fourths (3/4) of all the members of the governing body, if the Commission has recommended against enactment of a proposed amendment.

The Council and Commission shall hold at least one (1) public hearing on all proposed zoning classification changes, special uses, conditional uses, amendments to the comprehensive plan, and general amendments to this chapter. The Board shall hold a public hearing on all appeals and requests for a variance or special exception to this chapter.

1. Notice.
   1. Written Notice to Property Owners.
      1. Written notice of a proposed zoning change, comprehensive plan amendment, special use, conditional use, special exception, or variance request shall be given by the City to owners of real property located within two hundred feet (200') of the boundaries of the property included within the request. Such notice shall be mailed, first class, not less than fifteen (15) days prior to the date set for Commission, Council and Board hearings to all property owners who appear on the last approved Travis County Tax Rolls. The notice shall state that request is pending and shall include the date, time, and place of the Commission or Board meeting and a description of the matter under consideration. However, in accordance with Section 13.20(e)(3)(B)(iii) above, only the written protests received from the owners of property in accordance with state statutes will be considered in determining whether the affirmative vote of at least three-fourths of all members of the governing body shall be required for a proposed zoning change.
      2. A copy of the notice may be delivered to the person to be served, or to his duly authorized agent either in person or by mail to his last known address, or it may be given in such other manner reasonably calculated to give notice and approved by the City.
      3. The City shall complete and mail the individual notices.
   2. By Publication. The City shall publish at least one notice of a proposed Commission, Board, or Council hearing in the official City newspaper or in a newspaper of general circulation in Lago Vista, Texas, at least fifteen (15) days prior to the date on which the hearing is to occur. The notice shall include the date, time, and place of the Council, Commission or Board meeting and a description of the matter under consideration.
2. Signs Required for Proposed Change. At least fifteen (15) days prior to the date on which the hearing is to occur, the City shall place signs on the property easily visible to the public. Signs shall meet the following requirements:
   1. Each sign shall be erected on the property for which an application has been filed. For the purposes of this requirement, separate contiguous tracts or lots that are part of the same application shall be considered a single property. The sign shall be placed at a prominent location on the property, near the sidewalk or public right-of-way so that it is visible to pedestrians and motorists. A sign shall be placed on each non-contiguous street frontage that cannot be seen from a single vantage point. Additional signs shall be placed at approximately equal intervals along the street frontage of large properties to help ensure visibility. However, only one (1) sign shall be required for any frontage less than or equal to three hundred feet in length and no more than three (3) signs shall be required for any contiguous property frontage that is part of an application.
   2. All required signs shall remain on the property until final disposition of the action is determined.

The Council may postpone any action proposed under the provision of this chapter, should such actions be in the best interest of the City or other parties concerned.

(Ordinance O-12-14 adopted 5/15/14)

Any change in the zoning classification of any parcel of land may be rolled back to its original classification if the parcel is not developed within two (2) years after the change in zoning classification was granted as a city initiated zoning change and following all the procedures for a change in zoning.

No application for an approval or appeal sought pursuant to any provision of this chapter shall be accepted if substantially the same application on the same property has been denied in any prescribed forum within the preceding twelve (12) month period. Once an application or appeal pursuant to any provision of this chapter has been noticed in accordance of the provisions of Section 13 above and been included on an agenda posted in accordance with the requirements of the Texas Local Government Code, a withdrawal of that application or appeal requires the approval of the applicable Council, Board, or Commission in the open meeting specified in that agenda.

All applications and submissions required by this chapter are to be accompanied by such fees and costs as may be required pursuant to such schedule of fees as may be adopted and amended from time to time by resolution of the Council.

Whenever the standards of this chapter conflict with those contained in another City ordinance, the most stringent or restrictive shall govern. The provisions of this chapter are not intended to repeal or interfere with restrictions placed upon property by covenant, deed, easement, or other private agreement.

Should any portion or part of this chapter be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect.

Additional and related local ordinance requirements include, but are not limited to, the provisions within Chapter 3, Chapter 3.5, Chapter 10, Chapter 11, Chapter 14, and the Technical Construction Standard Specifications (TCSS) adopted as Ordinance Number 19-02-21-02 as amended. The TCSS is incorporated by reference herein and shall be deemed to have the same force and effect as if set forth in full herein.

Traditionally certain occupational uses termed “home occupation” have been allowed in dwelling units. Such uses have been allowed largely on the basis that such uses are incidental to the use of the premises as a residence, that the nature of the home occupation use is such that it is compatible with residential neighborhoods, or that home occupation uses are of a highly professional nature involving the use of mental rather than physical capabilities and are therefore compatible with residential uses.

1. The above criteria defy precise definition or interpretation: Definition of home occupations by the above criteria has in some cases totally prohibited home occupations while in other instances allowed uses which markedly detract from the residential character of a neighborhood and thereby infringed upon the rights of surrounding residents.
2. It is recognized that certain limited home occupation uses can be useful to both the general community as well as the resident-proprietor. Also recognized is the difficulty of writing an ordinance dealing with home occupations in a “middle-of-the-road” fashion, which is neither discriminatory nor arbitrary. It is hoped that the citizens will recognize these difficulties and will not abuse the privileges granted within this section.
3. With the above in mind, it is the intent and purpose to provide for certain types of restricted occupational uses within residential zoning. Only such uses will be allowed which:
   1. Are incidental to the use of the premises as a residence;
   2. Are compatible with residential uses; and
   3. Do not detract from the residential character of the neighborhood.
4. Home Occupations that are dependent on traffic of customers to purchase goods or services directly at the dwelling shall not be permitted within residentially zoned districts; provided, however, home occupations which normally generate minimal traffic such as, for example, tailors, seamstresses, accountants, consultants, locksmiths, etc. may be approved for residentially zoned districts.

In addition to the use limitations applicable in the zoning district in which the residence is located, all home occupations shall be subject to the following use limitations:

1. Such occupation shall be conducted solely by family members residing in the residence plus no more than one nonresident assistant or employee.
2. No more than twenty-five (25) percent of the gross living area of said residence shall be used for such purpose. Use of garage or accessory buildings for these purposes is discouraged.
3. No use shall require external structural alteration or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure. No alteration or change in the premises or building shall be made that will make, result in or cause the main structure to appear in any way to be anything but a residential dwelling unit.
4. There shall be no outside storage of any kind related to the home occupation.
5. There shall be no display of products or material visible in any manner from the outside of the dwelling.
6. No use shall create noise, dust, vibration, smell, smoke, flare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in a residential zoned district.
7. No advertising, display or other signs shall be permitted on the premises.
8. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material is used or stored on the site.
9. No process is used which is in violation of any city, state or federal rule, regulation, or law.
10. No advertisement shall be placed in any media containing the address of the property if the business is one which involves traffic or customers to purchase goods or service.
11. Parking for home occupations:
    1. The business shall not generate vehicular traffic requiring parking spaces beyond those normally allotted to residential use.
    2. Curbside or edge-of-street parking related to a home occupation is prohibited.

The following is a list of uses normally permitted since these typically meet all use limitations, conditions and restrictions set forth in this chapter. Permitted uses are not limited to those listed below, but include any uses which comply with use limitations, conditions and restrictions set forth in this chapter.

Accountant
Appraiser Architect Artists and sculptors Authors, writers and composers Broker Building or construction contractor Caterer Chimney sweep Counseling Consulting services Data processing, computer programmer Direct sale product distribution, such as Amway, Avon, Tupperware, Herbalife, Mary Kay Dressmaker, seamstress, tailor, or clothing designer Electrician Engineer, engineering service Family Home Facility Gardener and lawn maintenance Graphic designer Heating and air-conditioning repair Home inspection services Home crafts, such as flower arrangements, ceramics (limited to a kiln up to six cubic feet), jewelry making House cleaning or maid service Instructor in arts and crafts Insurance agent Interior decorator/design Land surveyor Lawyer Lobbyist Locksmith Mail order (not including retail sales from site) Musician, musical instructor (but not including practice by musical groups) Painting contractor Real estate agent Salesman, sales representative, or manufacturers’ representative Security systems Tax advisor/form preparation Telephone answering service Telemarketer, Telecommunications Travel agent Tutoring related to educational institutions accredited by the State of Texas Typing, word processing service Watch repair, jeweler

The following is a list of uses normally prohibited since these typically fail to meet the use limitations, conditions and restrictions set forth in section 16.20. Prohibited uses are not limited to those listed below, but include any uses which fail to comply with use limitations in section 16.20, conditions and restrictions set forth in this chapter.

Ambulance service Antique shop Automobile repair, parts sales, upholstery, or detailing; washing service Appliance repair Automobile rental Barber shop Beauty salon Bed and breakfast facility, unless a special use permit has been obtained Boat repair, parts sales or upholstery Carpentry, cabinet maker Firearms or ammunition sales Gift shop Funeral chapel or home, mortician, hearse services Health salon, gym, dance studio, aerobic exercise studio Limousine service Medical office, dental office, eye clinic, hospital Motorcycle repair or part sales Palm reading, fortune telling, astrology Pet grooming Private club Skin care salon Stable Tow truck service Trailer rental Upholstery shop Veterinary clinic, hospitals, kennels

Applications for a home occupation permit shall be as follows:

1. Application. Application for a Home Occupation Permit shall be made to the City Manager on a form established and used for such purpose. The City Manager will make a decision on each such application or renewal and notify the applicant in writing within 15 calendar days of the date the application is received.
2. Scope. The City Manager can approve the application and issue the Home Occupation Permit if all provisions of this chapter are met. In cases where the home occupation is listed in section 16.30, but does not satisfy all other provisions of this chapter, the application shall be denied. If an application meets all other provisions of this section, but the home occupation is not listed in section 16.30, and/or does not comply with section 16.20 or appears on the list in section 16.40, the City Manager shall forward the application to the Planning and Zoning Commission to develop a recommendation for the city council, if the applicant agrees to or requests such a process. In such event notice shall be given as provided in this section for an appeal.
3. Time Limit. Subject only to the future amendment of this chapter, all home occupation permits shall be valid from the date of issuance throughout the life of the home occupation and expire at the termination of the home occupation.
4. Voiding of Permit. The City Manager may void any home occupation permit for noncompliance with the criteria set forth in this chapter. Revocation may take place at any time. If the permit is revoked, it becomes null and void, and said use shall be terminated.
5. Appeals and Review. The decision of the City Manager concerning the approval, disapproval or revocation of any permit shall be final unless a written appeal is filed with the Planning and Zoning Commission within fourteen (14) calendar days of the decision. An appeal may only be filed by the applicant or persons residing within 200 feet of the subject property. A request for review and recommendation by the Planning and Zoning Commission may only be initiated by the City Manager in accordance with section 16.50(b) above. The decision of the Planning and Zoning Commission shall be final unless the City Manager or any interested person shall file an appeal of the Planning and Zoning Commission’s decision within ten (10) days from the date of such decision. In the event of an appeal from the decision of the Planning and Zoning Commission, the city council will hear the appeal and shall finally decide to approve or deny the application or, in the case of a revocation, to uphold the revocation or to reinstate the permit. The notice procedures in Section 13 of the Zoning Ordinance, addressing changes and amendments to this chapter, shall be followed whenever an appeal or review comes before the Planning and Zoning Commission and, subsequently, the city council.
6. Inspection. The permit to establish a home occupation in a residence is a privilege, which carries with it a responsibility to meet reasonable requirements, imposed by the City. At the same time, placing a home occupation in a residence gives the City an interest it otherwise would not have in activities carried on in the residence relating to the conduct of the home occupation. In enforcing the home occupation ordinance the City will exercise due care with respect to its residents. Thus, whenever there is reasonable cause to believe that a violation of this home occupation ordinance is taking place in any residence or upon the premises thereof, a member of the City designated by the City Manager may enter the premises at any reasonable time to inspect the same; provided, the member of the City designated by the City Manager shall first present proper credentials and request entry to inspect the premises. If such entry is refused, the City Manager or his agents shall have recourse to every remedy provided by law to secure entry to assure compliance with this home occupation ordinance. Nothing herein is intended to abridge any rights granted to citizens under the state and federal constitutions.

Enforcement procedures for home occupation permits shall be as follows:

1. Written Request. Any aggrieved person believing that a violation or violations of this chapter is occurring and who desires that action be taken by the City shall notify the City Manager in writing of such alleged violation(s). Within thirty (30) calendar days after receipt by the City Manager of such written allegation(s), the City Manager shall complete an investigation of the alleged violation(s) to determine the merits thereof. Within fourteen (14) calendar days after the City Manager has completed the investigation(s), he shall notify in writing the following persons:
   1. If the City Manager determines that no violation is occurring, then notification of that decision shall be given to the complaining person in writing.
   2. If the City Manager determines that a violation is occurring or has occurred, then notification of that decision and a time for compliance shall be sent by first class mail to the violator and a copy to the complaining person. The notification shall also state what action will be taken if compliance is not timely effected.
2. Appeal. Any person aggrieved by a decision of the City Manager and/or Planning and Zoning Commission may appeal such decision to the city council. The procedures for notice and hearing covered in Section 13 of the Zoning Ordinance, addressing changes and amendments to this chapter, shall be followed whenever an appeal is made to the Planning and Zoning Commission and, subsequently, to the city council.

1. Procedure. The city council, after the public hearings and proper notice to all parties affected as provided by state law, and after recommendations by the Planning and Zoning Commission, may authorize the issuance of a conditional use permit to authorize the continuation of a home occupation, otherwise not in compliance with the provisions hereof.
2. Application. Any person seeking a conditional use permit under this chapter for his/her home occupation shall file an application for same with the City Manager or his designee, accompanied with a completed copy of the form or letter approved for requesting a permit for home occupation.
3. Notification and Hearing. The notification and public hearing process for conditional use permits hereunder shall be the same as for rezoning amendments under the City’s Zoning Ordinance and Chapter 211, Tex Loc. Govt. Code and written notice of the public hearing to be held by the Planning and Zoning Commission on any application for conditional use permit authorized by this chapter shall be given to each property owner situated within 200 feet of the location of the home occupation and shall be mailed at least ten (10) days in advance of such hearing.
4. Required Findings. The Planning and Zoning Commission shall recommend city council approval of the conditional use permit provided it finds that the home occupation, while not fully complying with the terms of the home occupation ordinance, will substantially comply with the provisions thereof and the home occupation is not the subject of a valid complaint filed by a property owner situated within 200 feet of the home occupation.
5. Expiration and Termination. Conditional use permits granted pursuant to this chapter shall immediately terminate and expire upon the first of the following to occur.
   1. Sale or Conveyance. The person owning the property, when such permit is issued, sells, conveys, leases or rents such property or home occupation to a third party.
   2. Abandonment. The person owning the property when the permit is issued ceases to occupy the residence as his/her primary place of residence.
   3. Expiration. The expiration date of the conditional use permit if such is added to the conditional use permit.

The purpose of the conditional use permit for accessory uses or structures is to provide the Planning and Zoning Commission and the city council with an opportunity for careful review of uses or structures which may or may not be appropriate in a particular location depending on a balancing, in each case, of the private need and benefits against the impact and effect on an area or neighborhood.

The following uses may be considered for a Conditional Use approval.

1. A carport in any single-family or two-family residential zoning district in which they are not otherwise permitted, if the approval does not materially diminish the aesthetic quality of the subject property when viewed from adjacent property, nearby property, or a public right-of-way.
2. A boat dock or docks, including associated driveways on a lot separate from the principal use that is directly across a public right-of-way that prevents the lots from being joined by an amended plat approval, provided that the two lots remain under common ownership. A conditional use that has been approved becomes null and void and the boat docks and driveways removed if both lots do not remain under common ownership.

1. Applications for conditional use permits shall be processed in the same manner as a change in zoning with notice to adjacent property owners and public hearing(s).
2. Applicants shall state in writing the reasons for requesting the accessory use to be covered by the conditional use permit and should submit accurate drawing(s) to adequately describe the proposed conditional use permit.
3. The planning and zoning commission may make a recommendation at any legal meeting and the city council may make a decision at any legal meeting.

The planning and zoning commission may recommend and the city council may deny the application, approve the application, or approve the application with additional restrictions and conditions.

Subject only to the future amendment of this chapter, all conditional use permits shall be valid from the date of issuance throughout the life of the primary use and accessory use properties being under the original common ownership. The sale or conveyance of either the primary use property or the accessory use property will terminate the conditional use permit. When the ownership of the two properties changes to a new common ownership, the conditional use permit will convey.

The city council may void any conditional use permit for noncompliance with criteria set forth in this chapter.

The decision of the city council concerning the approval, disapproval or revocation of any conditional use permit shall be final.

The special use permits procedure is designed to provide the Planning and Zoning Commission and the city council with an opportunity for discretionary review of requests to establish or construct uses or structures which may be necessary or desirable for, or which have the potential for an unexpected impact upon, the health, safety, and welfare of the public. The Special Use Permit allows the Planning and Zoning Commission and the city council the opportunity of determining whether the proposed location of the use or structure and/or whether the design of its buildings, parking facilities and landscaping are appropriate and whether it will be designed and located so as to avoid, minimize or mitigate any potentially adverse effects upon the community or the other properties in its vicinity. The special use permits procedure is designed to enable the Planning and Zoning Commission and the city council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a special use permit when it is apparent that a proposed use or structure will or may occasionally harm the community or cause injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure.

An SUP may be applied for any temporary or permanent use not permitted in the zoning district in which it is proposed and as shown on Table B. The SUP approval process shall not be used to seek deviation from development standards such as a setback or height. In addition to the requirement for a special use permit contained within Table B, the following uses and structures may be established or constructed only upon the issuance of a special use permit.

1. Radio, television, telephone, wireless communication system, or microwave towers not in zoning districts C-1A, C-1C, C-2, C-3, U-1, P-1B, P-2, G-1 and LI. A special use permit shall also be required anywhere for the installation of any antenna support structures that would be more than twenty-five (25) feet above the ground, an antenna that is taller than twelve (12) feet that is attached to a building or other independent support structures, and unmanned equipment buildings developed for a wireless communication system..
2. Investor-owned utility distribution facilities and equipment in any district.
3. Microwave antennas and receivers in any district.
4. Amusement and video game arcade.
5. Massage Establishments.
   1. Definition: for the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by this subsection:
      1. Massage establishment shall mean a building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage services or manipulated exercises or practices upon the human body by anyone not a duly licensed physician, osteopath, chiropractor or a registered nurse or licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, duly licensed beauty parlors and barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such a physician’s direction.
      2. Massage Services means any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians, osteopaths, chiropractors and registered physical therapists or registered nurses or licensed vocational masseuses who treat only patients recommended by a licensed physician and who operate only under such physician’s direction. The term “massage services” shall not include massage services authorized by the State of Texas in establishments licensed by the State of Texas in beauty shops and barbershops staffed by licensed barbers and beauticians.
   2. Notwithstanding any provision of any ordinance or any city code provision currently in effect in the City of Lago Vista, the operation of a massage establishment and/or the performing of massage services permitted by the laws of the State of Texas, shall be regulated and governed as provided herein as of the date of passage of this ordinance. The operation of a massage establishment shall be illegal in the City of Lago Vista unless a Special Use Permit has been obtained on property for that purpose.
6. Retail specialty and novelty establishments.
   1. Definitions: for the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section:
      1. the term “primarily” is defined as gross monthly sales of special novelty items representing more than fifty (50) percent of total sales.
      2. the term “specialty and novelty items” is defined as follows:
         1. kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived, as the term “controlled substance” is defined in the state penal code;
         2. kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, as the term “controlled substance” is defined in the state penal code;
         3. isomerization devices used, intended for use or designed for use in increasing potency of any species of plant which is a controlled substance, as the term “controlled substance” is defined in the state penal code;
         4. testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances, as the term “controlled substance” is defined in the state penal code;
         5. scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, as the term “controlled substance” is defined in the state penal code;
         6. diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in curing controlled substances, as the term “controlled substance” is defined in the state penal code;
         7. separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana;
         8. blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances, as the term “controlled substance” is defined in the state penal code;
         9. capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of filled substances, as the term “controlled substance” is defined in the state penal code;
         10. containers and other objects used, intended for use or designed for use in storing or concealing controlled substances, as the term “controlled substance” is defined in the state penal code;
         11. hypodermic syringes, needles and other objects used, intended for use or designed for use in parentally injecting controlled substances, as the term “controlled substance” is defined in the state penal code, into the human body;
         12. objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; water pipes; carburetion tubes and devices; smoking and carburetion masks; roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small, or too short to be held in the hand; miniature cocaine spoons and cocaine vials; chamber pipes; electric pipes; air-driven pipes; chillurns; bongs; ice pipes or chillers;
         13. wearing apparel containing obscene pictures or words, such apparel being T-shirts, belt buckles, jewelry or any other wearing apparel;
         14. salves, ointments, jells, creams, jellies, lotions and oils advertised for or designed as a sexual stimulus;
         15. magazines, books, records, cassettes, pictures, drawings, compact discs, and other similar material depicting and describing sexual conduct in a manner that is designed for adult use and consumption;
         16. incense.
   2. Notwithstanding any provision of any ordinance or any city code provision currently in effect in the City of Lago Vista, the operation of a specialty and novelty establishment permitted by the laws of the State of Texas, shall be regulated and governed as provided herein. The operation of a specialty and novelty establishment shall be illegal in the City of Lago Vista, unless a Special Use Permit has been obtained on property for that purpose.
7. Skill and coin-operated machines.
   1. Definitions: Skill or coin-operated machines means every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used for or operated for amusement or pleasure or when said machines are operated for the purpose of dispensing or affording skill or pleasure, or for any other purpose other than the dispense of vending of merchandise, music or service as those terms are defined in Title 122A Taxation, General of the Laws of the State of Texas. The use of eight (8) or more such machines at any one location shall constitute a principal use.
   2. Notwithstanding any other provision of this chapter or of any ordinances of the City, the commercial use of eight (8) or more skill or coin-operated machines is an arcade and shall be illegal unless a Special Use Permit has been obtained on property for that purpose.
8. Sexually Oriented Business. A sexually oriented business shall be a permitted use only in the C-2 district and only upon the issuance of a Special Use Permit in accordance with and pursuant to this ordinance. A sexually oriented business shall not be located within one thousand (1,000) feet of a church, a school, a boundary of a residential district, a public park or the property line of a lot devoted to residential use. A sexually oriented business shall be regulated and permitted as provided herein.
9. Helistop not in the C-A district.
10. Heliports not in the C-A district.
11. Bed and breakfast facility or rooming house in any R-1 district or the R-2 district
    
12. Livestock and/or poultry keeping, except chickens (female only), caring or shelters. (Ordinance 16-12-15-02, sec. 4, adopted 12/15/16)
13. Kennels and veterinary hospitals with outside runs.
14. Junk yards, salvage yards, and all open-air storage of junk, waste products and salvage material.
15. Oil drilling, mining, extraction of natural resources such as stone, gravel, topsoil.

An application for a special use permit may be filed by the owner of, or other person having a contractual or possessory interest in, the subject property. Any application filed by a person who is not the owner of the property for which the special use permit is sought shall be accompanied by evidence of the consent of the owner. An application for a special use permit shall be filed with the City Manager or their designee. A public hearing on an application for a special use permit shall be held by the Planning and Zoning Commission and by the city council with notice given in the manner and form required by Section 13 above.

In considering an application for a special use permit, for uses and structures the Planning and Zoning Commission and the city council shall take into consideration the following factors as well as those enumerated in section 18.10:

1. whether the proposed special use or structure will adversely affect the safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
2. whether the proposed special use or structure will adequately provide for safety from fire hazards, and has effective measures for fire control;
3. whether the proposed special use or structure will adequately protect adjacent property from flood or water damage;
4. whether the proposed special use or structure will have noise producing elements;
5. whether the glare of vehicular and stationary lights will affect the established character of the neighborhood;
6. whether the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site;
7. whether such signs will have an adverse effect on adjacent properties;
8. whether the street size and pavement width in the vicinity will be adequate for traffic reasonably expected to be generated by the proposed use or structure;
9. whether the proposed special use or structure will have any substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare;
10. whether the proposed special or structure use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations;
11. whether the proposed special use or structure at the specified location will contribute to or promote the welfare or convenience of the public;
12. whether adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets and alleys;
13. whether the proposed special use or structure will result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance;
14. whether the proposed special use or structure will be served adequately by essential public facilities and services such as highways, police and fire protection, refuse disposal, water and sewer service.

In addition to the provisions of Section 18.10 above in considering a special use permit application, the Planning and Zoning Commission may recommend, and the city council may impose such conditions, safeguards and restrictions upon the premises benefited by the special use or structure as may be necessary to avoid, minimize or mitigate any potentially injurious effect of such special use upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter. Such conditions shall be set out in the ordinance approving the special use permit.

The issuance of a permit for a special use shall not in and of itself authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City.

No special use permit shall be valid for a period longer than one (1) year from the date on which the city council grants the special use permit, unless within such one (1) year period such construction or alteration of a structure or initiation of such use has begun. Special use permits may be granted for temporary uses. In this case, the SUP shall expire as stated in the approved SUP.

Wireless Communications Systems shall be allowed in the following zoning districts, and on any property owned by a school, the City of Lago Vista, Travis County, or a fire department or emergency services district: C-1A, C-1C, C-2, C-3, U-1, P-1B, P-2, LI and G-1. Also see Section 19.40 below.

Prior to filing a request for a building permit and, when applicable, a special use permit, the following requirements must be met:

1. Antenna support structures shall be two hundred (200) feet from all residential zoning districts, measured from the base of the antenna support structure to the nearest residential zoning district boundary.
2. The unmanned equipment buildings shall not exceed five hundred square feet of gross floor area per building and shall not exceed twelve (12) feet in overall height above the ground at the geometric center of the foundation.
3. The overall height of antenna support structures including the antenna shall not exceed one hundred and fifty (150) feet above the ground under the antennae. Buildings shall comply with all structure requirements of the zone in which they are installed.
4. A building permit from the City of Lago Vista shall be required for the installation of any antenna support structures that is taller than twenty-five (25) feet; antenna taller than twelve (12) feet that would be attached to buildings, or other independent support structures and unmanned equipment buildings developed for a wireless communication system. Applications for a permit shall be accompanied by the following in duplicate:
   1. A complete set of construction documents showing the proposed method of installation;
   2. A copy of the manufacturer’s recommended installation instructions, if any;
   3. A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines, all structures and the distances from all residential zoning districts;
   4. Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the requirements of the City of Lago Vista building code;
   5. Certification shall be submitted stating that all antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration) or other applicable Federal or State agencies.
5. A special use permit shall be required for the installation of any antenna support structures that would be more than twenty-five (25) feet above the ground, an antenna that is taller than twelve (12) feet that is attached to buildings or other independent support structures, and unmanned equipment buildings developed for a wireless communication system. Also see Section 18 and Table B of Chapter 14.

The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of new such facilities. The antenna support structures must be constructed to support a minimum of two (2) antenna arrays from two (2) separate wireless communications system providers or users. The City shall maintain a list of known wireless communications providers who do or may desire to offer service in the area. Prior to certification of any application, all applicants for antenna support structures shall comply with the following procedures:

1. All wireless communication system applicants shall provide notice by mail to all providers on the wireless communication system providers’ list with the following information: specifications of the proposed antenna support structure; its general location; its proposed height; and a phone number to locate the owner of the antenna support structure. A copy of the notice shall be mailed to the City code enforcement official. The notices shall invite potential wireless communication system providers to apply for space on the proposed antenna support structure.
2. The applicant shall submit a report inventorying existing antenna support structures and antenna sites within one mile distance from the proposed site, outlining opportunities for shared use as an alternative to the proposed one. It is incumbent upon the applicant to co-locate or show cause why it cannot. In the case of co-location, the pro-rata reimbursement to the initial applicant from the future provider shall not exceed fifty-five percent (55%) of the original cost for construction of the antenna support structure.

Wireless Communication Systems shall be a use permitted by right in all zoning districts if the land and structure are owned by the City of Lago Vista and is used for public works or public safety purposes, or is owned by Travis County or a fire district and is used for public safety purposes. In addition, all structures shall comply with the following requirements:

1. All antenna support structures, or buildings, or other independent support structures where antenna are proposed to be attached, shall be monopole design. The height of a monopole antenna support structure including the antenna shall not exceed one hundred fifty (150) feet.
   
2. Antenna support structures shall be spaced from all residential zoning districts at a minimum of one hundred ten percent (110%) of the height of the antenna support structure, measured from the base of the antenna support structure to the nearest residential zoning districts; provided that antenna support structures located by the city on land owned by the City within residential zoning districts shall be spaced a minimum of one hundred ten percent (110%) of the height of the antenna support structure measured from the base of the antenna support structure to the closest applicable property lines.
   
3. Antenna may be attached to buildings or independent support structures, if:
   1. The pole replaced or modified is a functioning utility pole or light standard within a utility easement or public right-of-way, recreation facility light pole, or antenna support structure; and
   2. The replaced or modified antenna support structure, including antenna array, does not exceed the height of the original utility, light standard, or recreation facility pole by more than twelve (12) feet, or the height of the original telecommunication tower and antenna array;
      
   3. The pole replaced with an antenna support structure does not obstruct a public sidewalk, public alley, or other right-of-way and pole appearance and function, except for antenna, are not significantly altered; and
      
   4. The existing support structure is engineered to support the proposed antenna.
      
4. Radio and television antennas, limited to those used by the federal licensed amateur radio operators, unlicensed citizens band radio operators, and private citizens receiving television signals, including satellite dish antennae shall be considered as permissible accessory uses in all zoning districts and shall be permitted in accordance with the regulations for detached accessory structures. Antenna support structures within nonresidential districts shall comply with the height and setback requirements for the particular district in which the structure is located, except that all antennae and their support structure that measure more than 25 feet in height as described below shall require a special use permit (SUP) approval prior to permitting.
   
5. Height Measurement. The height of an antenna support structure shall be the total maximum to which it is capable of being raised and shall be measured from the finished grade below the antenna or antenna support structure.
   
6. Permitting. A permit shall be issued only when there is full compliance with this section and the applicable provisions of the City of Lago Vista Building Code and Zoning Ordinance. Applications for a permit shall be accompanied by the following in a digital (electronic) format:
   
   1. A complete set of construction documents showing the proposed method of installation;
   2. A copy of the manufacturers recommended installation instructions, if any;
   3. A diagram to scale showing the location of the antenna, property and setback lines, easements, power lines and all structures;
   4. Certification by a structural or civil engineer registered by the State of Texas that the proposed installation complies with the structural and all other requirements of the City of Lago Vista building code; and
      
   5. All antennas and antenna support structures shall comply with the height and illumination restrictions established by the FAA (Federal Aviation Administration) or any other Federal or State agency.
      
7. In addition to the previously stated regulations, the following shall apply to radio and television antennas in residential districts.
   
   1. Antenna may be roof or ground mounted, freestanding, or supported by guy wires, buildings or other structures in compliance with the manufacturer’s structural specifications. A ground-mounted antenna shall be any antenna with its base mounted directly in the ground even if such an antenna is supported or attached to the wall of a building.
   2. Roof-mounted antenna, including support structure, shall not extend higher than fifteen (15) feet above the peak of the roof; except a single vertical pole antenna may extend up to twenty (20) feet above the peak of the roof.
   3. Ground-mounted antenna, including support structure, shall not exceed the maximum height allowed for a roof-mounted antenna. The antenna or antenna support structure shall not be located in any required front-yard setback or anywhere in the front yard between the principal building and the front setback.

   
   

The following additional requirements shall apply:

1. Tower Illumination. Towers shall not be illuminated except as required by the Federal Aviation Administration (FAA) or any other Federal or State agency.
2. Radiation Standards. Wireless Communication Systems shall comply with current Federal Communication Commission (FCC) standards for nonionizing electromagnetic radiation (NIER). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.
3. Fencing for Wireless Communication Systems. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on a building or other independent support structure. The fence shall not be less than eight (8) feet in height measured from finished grade. Access to the antenna support structure shall be through a locked gate.
4. Landscaping for Wireless Communication Systems. Landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the antenna support structure, and any other ground level features (such as a building). A combination of existing/native vegetation, natural topography, manmade features such as berms, walls, decorative fences and any other features can be used instead of landscaping if those features achieve the same degree of screening as the required landscaping.
5. Setbacks for Wireless Communication Systems. Antenna support structures and unmanned equipment buildings shall meet the minimum building setback requirements for the zoning district in which they are located. Setbacks shall be measured from the base of the antenna support structure to all applicable property lines.
6. Maintenance of Structures. All tower structures, guy wires, fences, poles and equipment buildings shall be kept in good structural condition, and any painted structures shall be repainted as necessary to prevent rust and weathering.
7. Abandonment. In the event the use of any Wireless Communication System is discontinued for a period of one hundred eighty (180) consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official or Development Services Director who shall have the right to request documentation and/or affidavits from the antenna support structure Owner/ Operator regarding the issue of usage. Upon determination of abandonment, the Owner/Operator of the antenna support structure shall remove the antenna support structure within ninety (90) days of receipt of notice from the Building Official or Development Services Director notifying the Owner/Operator of such abandonment. If such support structure is not removed in said ninety (90) days, the City Manager or their designee may cause such antenna support structure to be removed and a lien placed on the property for the cost of such removal. This provision shall not become effective until all users cease using the antenna support structure.

Fence requirements are established to allow for privacy, access to light and air, the protection of property, assurance of safety and security, and in pursuit of an aesthetic appearance consistent with the goals of the community. For the purposes of this section, fences shall include all constructed barriers meant to provide security or impede views of property, and include walls, fences, or other similar structures.

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

1. Permit Required.
   
   Unless otherwise exempted herein, no fence or screening device may be built, erected, installed, or constructed without a permit issued in accordance with all applicable local requirements. The permit application must include all necessary drawings and other documentation to verify that the fence or screening devices is compliant with the requirements of this chapter as a specifically authorized accessory use.
   A permit is not required for minimal repairs or replacement of deteriorated or damaged materials so long as the cost of the repairs or replacement is less than one-half of the cost to replace the fence and less than one-third of the existing material is replaced or repaired. Repair or replacement of material cannot be phased to avoid the requirement for a permit.
2. Principal Use Required.

Except as follows, lots or parcels shall be allowed to include a fence when a properly authorized principal use or building exists on the property or has been established by approved permits. A fence may extend from a lot or parcel that contains a properly authorized principal use or building onto a separate adjacent lot or parcel without a principal use or building if:

(1) at least one-half of the common property line that the fence crosses is shared by both the lot that contains the principal use or building and the secondary lot or parcel; and

(2) all such property is owned by the exact same individuals or entities. A fence permitted for a lot or parcel that does not include a principal use or building under this provision shall be removed within ninety (90) days if the lot or parcel is separately conveyed to any other individual or entity. Notwithstanding a contrary agreement between the parties, the separate owner of any lot or parcel without a principal use or building shall be responsible for its removal

(c) Maintenance.

All fences and screening devices must be maintained in good repair that results in a safe, attractive condition that is consistent with the quality established by the permit requirements. The City shall have the authority to order the painting, repair, or removal of a fence or screening device that constitutes a hazard to public health, safety, or welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

(d) Structural Integrity.

All fences shall be constructed to maintain structural integrity against normal weather conditions such as wind, rain, and temperature variations. Fences constructed of chain link, framed welded wire, picket or other similar materials shall require a minimum of two horizontal support rails with a minimum vertical spacing of one-half the fence height. All components, including foundations and framing members, of any fence that incorporates vinyl or fiberglass screening material shall be designed to withstand wind loads specified by the building code without detectable deformation.

(e) Fence Materials.

(1) Permitted Materials. Materials approved for use in fence construction include wood, masonry, cement core planks, decorative precast concrete panels, decorative metals, chain link, welded wire (14-gauge, minimum) or other similar materials of comparable aesthetic quality and durability.   (2) Prohibited Materials. Materials prohibited for use in fence construction include barbed wire, razor wire, metal spikes or finials (post caps), t-posts except when used as a component of a compliant electric fence, plywood, paper and fiber-core products, plastic, vinyl, fiberglass panels, lightweight wire fabric, and sheet, roll or corrugated metal panels.

(f) Varying Fence Faces.

For all fences that include a discrepancy in the visual quality between alternate sides of a fence, the less attractive side shall not be allowed to face a public right-of-way, a park, a vacant lot, or an adjacent property unless that adjacent property already includes a fence enclosure that would obstruct the view of this side of the fence from all other such locations. Any one side of a fence that includes all the support posts and rails shall be designated as the less attractive side of that fence.

(g) Traffic Safety.

Notwithstanding any other provisions in this section or other chapters in this ordinance, no fence that is considered sight-obstructing or solid that is taller than three feet in height shall be located within the sight or vision triangle specified in Section 5.80 of this Chapter. In addition, no fence or screening device shall be constructed, erected, or otherwise installed along winding streets or near unusual intersections to obstruct visibility of vehicular traffic or create undue safety hazards by reducing sight distances below acceptable levels.

(h) Drainage and Utility Conflicts.

Any fencing that might obstruct or cause a diversion to an existing drainage flow or pattern shall require the review and approval of the Lago Vista Public Works Department. Masonry walls, masonry posts or other fencing components requiring a foundation concealed below grade other than post-hole pilings shall be prohibited within a public utility or drainage easement. Those easements must instead be vacated in accordance with all applicable procedures and requirements.

(i) Fences for Commercial and Multifamily Developments.

In addition to the provisions of this section, the City Council and/or the Planning and Zoning Commission as applicable, may impose additional or specific requirements for fencing, screening or other similar buffers needed by commercial or multifamily developments to meet the design review criteria included in Section 6.105 of this chapter.

The following are exempt from the requirements of this Section:

1. schools and school-owned property including but not limited to buildings, walls, land, structures and facilities, except swimming pools;
2. municipal property including but not limited to: buildings, walls, land, structures and facilities, except swimming pools;
3. tennis courts, basketball courts, baseball fields, soccer fields or other non-swimming related athletic facilities of a homeowner’s association or private country club;
4. electronic control security gates and electrical substation security provisions added to otherwise compliant improvements;
5. wire structures to prevent deer or other animals from eating trees, hedges or shrubbery and is located within two (2) feet of the trees, hedges or other shrubbery;
6. temporary construction fencing erected after a building permit is issued for a building and valid for the duration of the building permit;
7. temporary silt or erosion control fences maintained during construction; and
8. U.L. approved electric fences six feet or less in height with required warning signs, insulators and wood or t-posts, no less than fifteen (15) feet from a public right-of-way or two feet from a property line and located inside of a fence enclosure permitted in accordance with this section. Whenever the outside face of an electric fence is visible from adjoining property or a required front yard setback, warning signs no less than twelve (12) inches in either height or width and spaced no further than fifty (50) feet apart shall state: “Warning: Electric Fence in Operation.”
   

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

1. Fences are broadly categorized for the purposes of this section as being considered either “solid” or “open.” An “open” fence is defined as consisting of no greater than twenty-five (25) percent material rather than open space. Any fence that does not meet the requirements of an “open” fence shall be considered to be “solid” or sight-obstructing
2. For the purposes of this section “open” fences are categorized as either “decorative” or “non-decorative fences. “Non-decorative open” fences consist of chain link fences or framed wire fabric fences using material that is between 12 and 14-gauge. All other “open” fences are considered “decorative open” fences including framed wire fabric fences using 10-gauge or larger wire fabric sheets
   
   

(Ordinance 17-07-20-01 adopted 7/20/17)

1. The fence height shall be measured from the adjacent grade or ground level except as follows. If the adjacent grade or ground level is different on each side of the fence, the measurement shall be taken for the higher of the two grade elevations. If a fence is constructed on top of a retaining wall or a freestanding wall, the measurement will include the height of both the fence and the wall, with the height of the wall being determined by the higher adjacent grade elevation at the base of either side of the wall.
2. A “solid” or “open” fence permitted by the provisions of this section to be located along a property line or within a required setback may not exceed an average height of six (6) feet or a maximum height of seven (7) feet, except as specifically provided in this section.
   1. A “solid” or “decorative open” fence permitted by the provisions of this section to be located along a property line may be constructed to a maximum height of eight (8) feet if each owner of property that adjoins that fence section provides signed, written consent along with a notarized statement verifying the authenticity of that consent from the owner of the property seeking a permit.
   2. A “solid” or “decorative open” fence permitted by the provisions of this section to be located along a property line may be constructed to a height of eight (8) feet if the fence is located between a residential use and:
      1. a property that includes an active commercial, multifamily or light industrial use; or
      2. a property within a commercial, multifamily, or light industrial zoning district.
   3. A “solid” or “decorative open” fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines and the maximum length of any such section not interrupted by a building and facing a public right-of-way is fifteen (15) feet.
   4. No fence other than an ornamental “wrought iron style” metal fence (a specific type of “decorative open” fence) with a maximum height of six (6) feet can be located within any required setback or along a property line adjacent to a golf course or property zoned for a golf course.
3. Except as otherwise prohibited by these provisions, “solid” fences less than three (3) feet in height or “decorative open” fences of any permitted height can be located in a required front yard setback, a required rear yard setback of a double frontage lot, a reverse corner lot side yard setback or a corner lot side yard setback.
4. “Non-decorative open” fences are not allowed to be located in a required front yard setback, a required rear yard setback of a double frontage lot, a reverse corner lot side yard setback or a corner lot side yard setback.
   

A nonconforming fence or screening device loses its nonconforming status and becomes an illegal fence or screening device if:

1. the fence or screening device is damaged or deteriorated to such an extent that thirty (30) percent or more of the fence or screening device material must be replaced or repaired or that half the cost of total replacement has been exceeded (with phasing being unavailable to avoid this limit);
2. the fence or screening device is moved to any extent unless the moving was due to installation, maintenance or repair of public streets or utilities; or
3. the fence or screening device has been altered in any way except for normal wear and tear, routine painting or repair, or routine pruning of hedges.

If the City finds that any fence or screening device within the City is erected or maintained in violation of this chapter, the City shall give written notice via the postal service, facsimile, or e-mail of the violation to the owner. The notice shall state the nature of the violation and direct the recipient(s) to alter or remove the fence or screening device, or correct the violation, within ten (10) days of the receipt of the notice. Failure to comply with the provisions of this chapter within ten (10) days after the receipt of the notice shall result in a citation being issued to the owner. If the owner is found guilty of violating this chapter, in addition to paying any assessed fence and/or court costs he/she shall have the fence or screening device removed or the violation corrected within thirty (30) days after being found guilty of such offense. Failure to remove the fence or screening device or correct the violation within thirty (30) days may result in the City removing the fence or screening device at the expense of the owner; such expenses including administrative expense, penalties, and reasonable attorney’s fees.