Lakeway City Zoning Code

The locations and boundaries of zoning districts established by this chapter shall be recorded on an official zoning map and identified and amended in the manner specified in this section.

The official zoning map shall be authenticated by the signature of the mayor attested by the city secretary and dated under the following words: “This is to certify that as of (date) the above is the Official Zoning Map of the City of Lakeway, Texas, including all amendments thereto approved and adopted by the Zoning and Planning Commission and the City Council.”

Changes in the zoning classification of particular parcels or areas of land, approved by the city council in accordance with the provisions of this chapter, shall be noted promptly on the official zoning map by the city’s GIS department.

No changes of any nature shall be made in the official zoning map except in conformity with the procedures in this chapter.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the city council may by resolution adopt a new official zoning map which shall exactly duplicate the original, plus authorized changes, except for corrections of errors or omissions.

Failure to record revisions made to locations or boundaries of zoning districts on the official zoning map does not invalidate or adversely affect a zoning ordinance.

Boundaries which appear to follow streets, roads or streams shall be construed to follow the centers thereof;

Boundaries which appear to follow the lines of lots or other parcels of record shall be construed as following such lines;

Boundaries which appear to follow city limit lines shall be construed as following such lines; and

In case of uncertainty as to the true location of a district boundary line not covered by the above rules, the city council shall make a determination of the true location of such line.

Any land hereafter annexed to the City of Lakeway, Texas shall immediately and automatically upon such annexation be temporarily classified as in the R-1 district, unless the annexation was by voluntary petition and the applicants simultaneously requested permanent zoning on the land.

At the time of the final annexation hearing or as soon thereafter as practicable, the city shall hold a public hearing to enact a temporary zoning ordinance for all newly annexed areas, unless permanent zoning has been established as stated in subsection (a). The temporary zoning hearing shall fully comply with the requirements provided by law.

Temporary classifications originating upon annexation shall be noted on the official zoning map in accordance with section 30.02.002.

The city zoning and planning commission shall, as soon as practicable after the annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification, unless permanent zoning has previously been established as stated in subsection (a). The procedure to be followed is provided in this chapter.

An owner of property newly annexed into the city may request permanent zoning simultaneously with annexation, if the annexation was voluntary, or, for all newly annexed lands, at any time prior to the zoning and planning commission’s institution of proceedings for permanent zoning.

Upon annexation, and prior to permanent zoning, no existing building or structure within any territory newly annexed to the City of Lakeway, Texas shall be altered, remodeled, or constructed without a permit as required by the city building ordinance.

Prior to permanent zoning, no permit for the alteration, remodeling or construction of a building or structure shall be issued by the code official or designee in a territory newly annexed to the City of Lakeway, Texas other than a permit which will allow the construction of a building permitted to be constructed in a R-1 single-family residential zoning district. An application for any structure for any other use than that specified herein shall be made to the city building commission of the City of Lakeway and then referred to the city zoning and planning commission for consideration and recommendation to the city council. Whenever such recommendation is filed with the city council by the city zoning and planning commission, such recommendation shall be advisory in its nature and the council shall be at liberty to approve or disapprove such construction as the facts in their opinion may justify.

Except as provided in subsection (b) above, the owner, lessee, or any other person, firm, or corporation owning, controlling, constructing, supervising or directing the construction, alteration or remodeling of any building or structure which is incomplete on the date the annexation petition is filed with the city or annexation proceedings begun by the city, before proceeding any further with the construction, alteration or completion thereof, shall apply to the code official of the City of Lakeway, Texas for a permit authorizing further work on said building or structure. The plans and specifications relating to the construction of said building or structure shall be attached to the application for a permit in accordance with the provisions of the city building ordinance, as amended. The application for building permit shall be accompanied by a fee and be promptly referred, if zoning is in question, to the city zoning and planning commission for consideration. The commission shall promptly thereafter file with the city council its recommendations as to granting, modifying, or rejecting said zoning for the planned construction and use. The zoning and planning commission's recommendations shall be advisory. Construction work shall be suspended until temporary zoning has been issued by the city council, or until permanent zoning regulations have been adopted which permit the construction, use and occupancy of the structure or building.

The requirements of subsection (c) above may be: