One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family;

Accessory structures incidental to the foregoing permitted use; and

Home occupation use as set forth in sections 30.05.002 through 30.05.005.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family;

Accessory structures incidental to the foregoing permitted use; and

Home occupation use as set forth in sections 30.05.002 through 30.05.005.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family;

Accessory structures incidental to the foregoing permitted use; and

Home occupation use as set forth in sections 30.05.002 through 30.05.005.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

Those uses permitted in R-1 district;

Two single-family dwelling units limited to no more than one building per lot occupied by no more than two (2) families;

Accessory structures incidental to the foregoing permitted use; and

Home occupation use as set forth in sections 30.05.002 through 30.05.005.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

Condominiums, not to exceed six (6) dwelling units per acre, connected to an organized sewer system, pursuant to a condominium regime as permitted by the Condominium Act of the state. Each dwelling unit in a condominium regime shall be used for the purposes of a single-family residence;

Accessory structures incidental to the foregoing permitted uses; and

Home occupation as set forth in sections 30.05.002 through 30.05.005.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

One-family dwelling limited to no more than one (1) such building per lot occupied by no more than one (1) family;

Accessory structures incidental to the foregoing permitted uses;

Home occupation as set forth in sections 30.05.002 through 30.05.005; and

The following uses are expressly allowed in this district:

The following exemptions apply to structures in this district:

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

Each district shall contain all of the following:

Each district may contain any of the following:

Multifamily residential units not to exceed twelve (12) dwelling units per acre, connected to an organized sewer system;

Accessory structures incidental to the foregoing permitted use;

Home occupation uses as set forth in sections 30.05.002 through 30.05.005; and

Recreational facilities for the use of residents and their guests only.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

Multifamily residential units not to exceed twenty (20) dwelling units per acre, connected to an organized sewer system*;

Accessory structures incidental to the foregoing permitted use;

Home occupation uses as set forth in sections 30.05.002 through 30.05.005; and

Recreational facilities for the use of residents and their guests only.

Short-term rental use, subject to the approval of a special use permit pursuant to article 30.05.

Professional offices, such as physicians, dentists, optometrists, chiropractors, accountants, architects, attorneys, engineers, brokers, consultants, insurance agents, real estate agents, travel agents, administrative offices, and other such offices not listed above as may be approved by the city council; and

Accessory structures and uses to any of the foregoing uses.

Medical offices, such as physical rehabilitation facilities, medical research laboratories, medical testing facilities, and other such medical offices not listed above as may be approved by the city council;

Retail and Service Businesses, such as restaurants, grocery stores, bakeries, catering services, ceramic/pottery shops, hardware stores, movie theaters, drugstores, financial institutions, general retail sales, antique shops, art galleries, personal services, beauty salons, barbershops, travel agencies, florists, laundry and dry cleaning, child-care facilities, health/exercise clubs, funeral homes, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council; and

Accessory structures and uses to any of the foregoing uses.

Arcades, auto/truck washing facilities, bowling alleys, cemeteries, convenience stores, fast food restaurants, private clubs/lodges, radio or TV stations, service stations, gas stations, miniature golf facilities, batting cages, entertainment centers, vehicle rental facilities, moving truck rental facilities, liquor stores, convalescent homes, nursing homes, assisted living, and addiction rehabilitation facilities.

Commercial wireless communications systems.

Any use which includes drive-through facilities.

Storage facilities, provided all of the following conditions are met.

Any structure used for retail or service businesses which exceeds 100,000 square feet.

Any single business entity or commonly controlled retail or service business (including their affiliates or subsidiaries) which have multiple structures or multiple-story buildings containing an aggregate of more than 100,000 square feet of inside and outside sales or displays.

Any activity which produces nuisances as described herein.

Special uses.

Properties abutting residential uses.

Those uses permitted by right in C-1 district; and

Accessory structures and uses to any of the foregoing uses.

Medical offices, such as physical rehabilitation facilities, medical research laboratories, medical testing facilities, and other such medical offices not listed above as may be approved by the city council;

Retail and service businesses, such as restaurants, grocery stores, bakeries, catering services, ceramic/pottery shops, hardware stores, movie theaters, drugstores, financial institutions, general retail sales, antique shops, art galleries, personal services, beauty salons, barbershops, travel agencies, florists, laundry and dry cleaning, child-care facilities, health/exercise clubs, funeral homes, nonvehicle consumer repair services, and other such businesses not listed above as may be approved by the city council;

Small electronics assembly or repair plants, printing plants, jewelry manufacturing plants, cabinetry and woodworking shops, boat dock building facilities, boat sales, chemical labs, welding shops, machine shops, pharmaceutical labs, research/testing labs or other such businesses not listed above as may be approved by the city council; and

Accessory structures and uses to any of the foregoing uses.

Recreational vehicle and boat storage yards; parking of boats, trailers, and other small recreational vehicles; storage facilities; kennels; nurseries, greenhouses, or landscaping type businesses; excavation type businesses; building contractors with their accessory structures and equipment; vehicle repair or maintenance shops.[;]

Commercial wireless communication systems;

Adult novelty stores; and

Sexually oriented businesses as set forth in article 6.04.

Any activity which produces nuisances as described herein.

Any structure which exceeds 100,000 square feet.

Any single business entity or commonly controlled business (including their affiliates or subsidiaries) which have multiple structures or multiple-story buildings containing an aggregate of more than 100,000 square feet of inside and outside sales or displays.

Any attempt to circumvent the intent of this chapter by splitting the structures or using multi-story buildings will not be permitted.

Any activity which produces nuisances as described herein.

Any structure with a footprint which exceeds 100,000 square feet.

Each business in a C-4 district shall contain the following:

A full service automobile dealership that sells new cars made by only one automobile manufacturer. In addition to sales, said automobile dealerships may also service and repair cars. Furthermore, a full service automobile dealership may sell, service, and repair used vehicles of any brand, provided the inventory of used vehicles, on average, is less than the inventory of new vehicles existing on the lot.

Each business in a C-4 district may contain any of the following:

Impervious cover may not exceed forty percent (40%) of the net site area. In accordance with article 28.10, Environmental and Impervious Cover Regulations, of the Code of Ordinances, a transfer of impervious cover credit may be approved at the city’s discretion.

The unique nature of this district requires flexibility in determining parking and inventory display requirements. Using the new vehicle manufacturer’s requirements and best practices promulgated by the American Planning Association and the Institute of Transportation Engineers as a guide, staff will work with the applicant to establish parking ratios and inventory display maximums during review of an application for zoning.

Lighting shall comply with the standards established elsewhere by City of Lakeway ordinances. The height and location of all exterior lighting poles shall be subject to approval by the city. After close of business, exterior lighting shall be dimmed and shall be limited to necessary security lighting only. Staff will work with the applicant to establish a lighting program for the facility during review of an application for zoning.

The natural terrain, including existing trees and topography, shall be retained to the extent reasonably practical.

No banners, pennants, balloons (real or artificial), or blow-up figures may be located or used on buildings or in outdoor areas in this district. Flags are prohibited, except flags of the United States and of Texas flown from flagpoles. Flag pole height and flag size are limited to the equivalent of those located at RM 620 and Lakeway Boulevard or Lohman’s Crossing. Advertising on the vehicles, including windshield advertising, is prohibited except for governmentally required notifications. No advertising is allowed in building windows.

All structures in this district shall be limited to a maximum of two (2) stories, and shall be limited to 37 feet (excluding cupolas and other architectural features approved by staff) above the highest natural grade under the slab.

Building roofs must comply with 3:12 pitch requirements for nonresidential roofs; however, rooftop parking without roof cover is permitted if:

Garage doors are allowed on the RM 620 or SH 71 side (no more than two doors) and on the opposite side (no more than two doors) of maintenance, repair, and service buildings. However, each door must be opened only for entry and exit, and must be closed immediately afterward.

A full service automobile dealership in this district shall not publish hours of operation for the general conduct of business before 7:00 a.m. or after 8:00 p.m.

Commercial uses such as inns, hotels, motels, bed & breakfast establishments, and motor courts;

Time-share units.

The wet or dry storage and docking of seaworthy watercraft, including ramps and hoists for boats;

Docks, wharves, piers, floats, or any other similar structure that is erected, installed, placed or maintained along a shoreline for the purpose of providing a stationary landing for the anchoring, mooring, housing or storing for more than five watercraft.

Limited to marine activities, businesses, and services dependent on direct access to marina facilities.

Retail and service businesses such as restaurants, boutiques, or other such business as may be approved by the city council.

Wholesale plant nurseries and greenhouses.

The raising of and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis.

Farm animals kept and/or maintained for commercial production and sale and/or family food production, education, or recreation.

As permitted by the city council pursuant to article 30.05.

Commercial wireless communications systems.

Residential dwellings:

Agricultural buildings (barns, animals pens etc.):

Church;

Facility owned and operated by the federal government, the state or political subdivisions thereof (e.g., municipal utility districts, water districts, etc.);

Fire station;

School, either public or private nonprofit;

Library;

Uses required by both public and private utilities; and

Accessory uses incidental to any of the foregoing permitted uses.

As permitted by the city council pursuant to article 30.05.

Commercial wireless communications systems.

Temporary, portable buildings, necessitated by growth of the organization, for a period not to exceed 5 years, or until permanent facilities are constructed to take their place, whichever comes first. Construction, placement, and screening of portable structures will be governed by the building and development ordinances.

"Aircraft" means a device that is used or intended to be used for flight in the air.

"Aircraft owner" means a person(s) or entity holding legal title to the aircraft.

"Aviation activities" means any activity or service conducted in the aviation district that involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, all aircraft movement, takeoff and landing operations, aircraft fueling, aircraft storage, and aircraft repair and maintenance.

"Banned aircraft" means ultralight aircraft as defined in 14 CFR Federal Aviation Regulations (FAR) part 103.1, unpowered gliders, unmanned aerial devices, drones, model aircraft, kites, hot air balloons, or parachute operations.

"Commercial operations" means the provision of goods or services for a price, fee, rental rate, exchange, or trade involving or supporting aviation activities.

"Flying club" means an entity (e.g. corporation, association, or partnership) or joint ownership of an aircraft by more than five (5) individuals organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only.

"Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time.

"Primary flight instruction" means flight instruction given to an individual that holds a student pilot certificate. This term does not include ground training, or continued training for any pilot certification beyond a private, sport, or recreational pilot certificate.

"Third-party maintenance provider(s)" means any person or entity who is engaged in the business of performing maintenance, repairs and overhaul of aircraft. Third-party maintenance provider(s) do not include those persons or entities who perform maintenance, repairs and overhaul of aircraft that they own or operate using their own employees and equipment.

Aviation Activities except as prohibited herein;

Servicing and maintenance of individual aircraft by aircraft owners or third-party maintenance provider(s).

Commercial operations for transactions between related parties with one hundred percent (100%) common control.

The construction, maintenance and use of hangars for the shelter of aircraft up to a maximum of 8,000 square feet per hangar building.

The sale of aviation fuel and oil as well as structures and facilities for the supply and fueling of aircraft.

Office and storage facilities related to aviation uses.

The construction and use of ramp tie-down space for aircraft.

Flying clubs.

Any use not specifically permitted or prohibited.

Use of aircraft which exceed a certified gross takeoff weight of 12,500 pounds or are certified as a "transport category" aircraft;

Taking off and landing of aircraft at night;

Commercial operations which involve the transportation of passengers/cargo by operators operating pursuant to FAA part 135 based in the aviation district (operators are based in the aviation district if they have a place of business, or store aircraft in a hangar, or tie-down an aircraft in the aviation district, or an aircraft with direct taxi access), or scheduled commercial airline operations using FAA part 121 or part 135 commuter operations, or conduct operations under authority pursuance to 14 CFR part 380;

Commercial air tours;

Commercial operations which involve aircraft rentals originating within the AV district;

Primary flight instruction, except for the primary flight instruction of aircraft owners and family members utilizing their own aircraft;

Facilities used for the maintenance of aircraft, except for basic maintenance of personal aircraft in individual hangars;

Non-aviation-related commercial parking;

The landing or takeoff of banned aircraft;

Touch-and-goes or low passes;

The use of the airport for parachuting or skydiving; or

Any operation of an aircraft inconsistent with any federal or state laws or regulations including but not limited to Federal Aviation Regulations.

Golf courses including club houses, tees, fairways, driving range, golf greens, natural and artificial hazards, golf cart repair and servicing facilities, and golf course maintenance facilities;

Tennis courts, facilities or clubhouse;

Other recreational facilities approved by the city council;

Accessory structures and uses incidental to the foregoing uses.

Those permitted by the city council pursuant to article 30.05.

Public open or natural areas surrounded or partly surrounded by woodland or grassland;

Public areas developed for recreation;

Accessory structures, parking, and uses incidental to the foregoing permitted uses.

Private open or natural areas surrounded or partly surrounded by woodland or grassland;

Private areas developed for recreation;

Accessory structures, parking, and uses incidental to the foregoing permitted uses.

Undisturbed natural area with native flora and fauna.

Shared use paths, sidewalks, and nature paths and trails.

Accessory structures, parking, city-sponsored community gardens, and uses incidental to the foregoing permitted uses.

Proper private development of infill areas, the comprehensive development of large areas of vacant or substantially vacant land, and the redevelopment of existing property requires a flexible approach to be available both to the city and to the landowner.

The planned unit development (PUD) accommodates a master planned association of land uses which are within an integrated development.

Development within a PUD shall be clearly superior to development in a standard zoning district with respect to design, function, and compatibility with adjacent land uses.

More flexible development requirements may be granted so that the PUD will contain desirable features not normally required in conventional zoning districts.

To enable a thorough analysis, more information may be required about a proposed PUD than would normally be required of a conventional residential or commercial development, which may include additional meetings with city staff.

Benefits the City of Lakeway and acts in the public interest;

Is consistent with this section and the goals of the comprehensive plan of the City of Lakeway;

Identifies its departure from the city’s standard zoning and development ordinances;

Is clearly superior to the development in a standard zoning district;

Makes adequate provision for service, traffic, open space, and recreation;

Addresses the relationship and compatibility with adjacent properties; and

Represents a desirable development as regards physical development, tax base, and economic benefit.

Provide the ability to modify land use and development such that orderly transition between two conventional zoning categories can be accomplished when use of standard zoning categories fails to accomplish such a transition.

Allow a single site to accommodate a mix of uses when such a mix is desirable and in the best interest of the community.

Encourage the creative development of land, provide locations for well-planned comprehensive developments, and provide for variety in the development pattern of the city as outlined by the city’s comprehensive plan.

The process for the filing of an application, requirements for notice and advertisement of public meetings, procedures for protest of the establishment of PUD designation and other related action shall be the same as those provided for in the rezoning process as described in the zoning and development ordinances. The entire application, or components of the application, such as exhibits or attachments, may be incorporated into the PUD ordinance, either directly or by reference.

The request for PUD district zoning must include:

The name, address, and telephone number of the landowner and the developer;

The name of the proposed project;

The location of the proposed project;

A location map;

Traffic impact analysis, as required by the City’s Code of Ordinances;

A map or diagram depicting existing streets, driveways, buildings, watercourses, floodplains, and significant environmental features;

A map or diagram showing topographic information, key hydrologic features, and depicting the conceptual location, type/use and size of the following:

Existing and proposed utilities;

Estimated percentage of impervious cover; and

Proposed location of water quality facilities.

The zoning of property as a PUD may permit a variety of land uses in closer proximity to one another than would be possible with conventional zoning districts and encourage building configurations that create a distinctive and memorable sense of place. To the extent that a PUD creates standards or imposes restrictions or duties which differ from those imposed by other City ordinances, rules or regulations, the standards, restrictions or duties imposed by the PUD ordinance adopted pursuant to this section shall supersede such other provisions to the extent of any conflict or inconsistency. Any such inconsistency or conflict shall be clearly identified by the applicant at the time of application for the PUD District.

Development regulations shall be included as part of the PUD application, and shall include, but are not be limited to regulations governing:

The standards and requirements of the development and building ordinances shall apply in every PUD district unless specifically superseded by the approved PUD ordinance. Unless otherwise provided by the PUD ordinance:

PUDs containing residential uses must comply with the parkland dedication requirements of the City’s Code of Ordinances.

The proposed PUD may be allowed to depart from strict conformance with the requirements of the development and building ordinances as long as the PUD provides tangible benefits to the neighborhood and the city and the development is clearly superior to what would be required in a standard zoning district. Departure from any ordinance requirement is a privilege and shall be granted only when recommended by the zoning and planning commission and approved by the city council by ordinance.

Except as otherwise provided by the city’s subdivision regulations, no development shall begin and no building permit shall be issued for any land within a PUD until a site plan that is consistent with the PUD ordinance plan has been approved.

An activity which produces nuisances as described in the City’s Code of Ordinances.

Any single retail or office structure that exceeds the square footage as outlined in this chapter for district C-1, unless specifically permitted in the PUD ordinance approved by the zoning and planning commission and city council.

No commercial activities will be conducted in a mixed-use PUD between the hours of 11:00 p.m. and 7:00 a.m. unless specifically authorized by the city council.

Recreational vehicles, travel trailers and motor homes may not be kept on-site or inhabited.

Open storage and outside display of merchandise is prohibited unless specifically permitted in the PUD regulations approved by The zoning and planning commission and city council.

Owners of property within a PUD may request rezoning for only a portion of the PUD district they own. Notice of such rezoning will be based on the boundary of the portion of the PUD district being rezoned rather than the entire PUD district.

In considering the request, the zoning and planning commission and city council shall evaluate the effect of the rezoning on the remaining property within the PUD district.

If the zoning and planning commission or city council determines that the rezoning necessitates adjustments to the terms and conditions of the original PUD district, the zoning case to rezone the portion of the PUD district will be tabled so that the city can initiate a zoning case for the remainder of the PUD district and first consider amendments to the terms and conditions of the original PUD district.

Any amendment or modification to a PUD concept plan shall be considered a zoning change and shall be processed pursuant to the City’s Code of Ordinances unless the changes are provided for in the PUD ordinance.

Each district shall contain all of the following:

Each district may contain any of the following by right:

Convalescent homes, nursing homes, assisted living, and addiction rehabilitation facilities.

Commercial wireless communications systems.

Any use which includes drive-through facilities.

Except as otherwise provided in this section, any activity which produces nuisances as described in the City of Lakeway’s ordinances is prohibited.

Noise produced by helicopters and ambulances providing emergency services associated with a regional hospital shall not be construed to constitute a nuisance.

Use of the hospital heliport for purposes other than transporting critical patients, personnel, or supplies is prohibited.

The unique nature of this district requires flexibility in determining parking requirements. Using best practices promulgated by the American Planning Association and the Institute of Transportation Engineers as a guide, staff will work with the developer and architect to establish parking ratios as part of the general development plan approval process.

Elsewhere in its ordinances, the city requires a minimum roof pitch of 3:12 for all nonresidential structures. In this district, hospital buildings and parking structures are exempt from this requirement. Buildings with a height of 40 feet or greater are also exempt from this requirement provided any rooftop mechanical equipment is adequately screened from view.

A hospital in this district shall be required to operate 24 hours per day, seven days per week.

A rehabilitation center, long-term acute care center, other medical center, or hotel located in this district shall be allowed to operate 24 hours per day, seven days per week.

Restaurants located in this district shall be allowed to operate until 2 a.m.

Prior to the construction of houses or additions in this district, a maximum height shall first be established by the ZAPCO. In no case shall the height granted by the ZAPCO exceed the maximum height of 32 feet established by the base zoning district.

For additions, staff shall inspect the property and make a determination as to whether a proposed addition impacts adjacent protected views.

To have a maximum height established for a proposed house or addition in this district, applicants shall first set one or more ridge poles representing the maximum height to which the applicant desires to build. Ridge poles shall be placed at the approximate location of the center of the highest ridgeline. At least one ridge pole shall be in place for a minimum of two weeks prior to a public hearing and site visit by the ZAPCO. In order to better determine the potential for obstruction of views, the ZAPCO may require that additional ridge poles be established and that a written report stamped by a licensed surveyor be provided certifying the height of the ridge poles and their location on the lot. Unless otherwise directed by the ZAPCO, ridge poles shall be removed no later than two weeks from the date of determination.

After erecting the required ridge pole, an applicant seeking a height determination shall submit an application package to the building and development services department (BDS). Among other items required by BDS, the application package shall include:

After receiving a complete application, BDS shall post notice of the requested height and the impending public hearing in accordance with section 30.07.044 of this chapter. For additions, such notice shall establish a timeline for registering opposition to proposed construction with city staff.

The ZAPCO shall then hold a public hearing regarding the requested height at their next regular meeting, provided that meeting is no sooner than two weeks after the placement of the ridge pole in question.

For additions which are unopposed following the required notification process, the code official may approve the permit after the two (2) weeks of ridge pole placement have concluded. The code official may refer any application to the ZAPCO for determination.

For new construction and additions which are not unopposed, the ZAPCO shall hold a public hearing as scheduled. During the meeting, the ZAPCO shall conduct a site visit to view the pole and assess the potential impact of the proposed structure on views from neighboring residences. In doing so, the ZAPCO shall only consider views from major living spaces (living rooms, dining rooms, dens, studies, master bedrooms, home offices, kitchens, decks, porches, balconies). Views from secondary bedrooms, media rooms, play rooms, bathrooms, laundry rooms, stairway landings, halls, garages, yards, streets, lower decks and porches of multi-story houses (if upper decks, balconies and/or porches exist) shall not be considered.

BDS or its designated representative shall verify the approved finished floor height elevation during construction. If the proposed height of a structure is within twelve (12) inches of the maximum height allowed for that structure, the permit holder shall have a survey performed by a licensed surveyor prior to passing the framing inspection to verify that the height of the structure will not exceed the maximum height allowed. If any discrepancy is discovered in the finished floor height or framed ridge height that would result in the structure exceeding the approved height elevation, construction shall cease until the matter is resolved.

Maximum heights established by the ZAPCO are void if construction has not commenced within three (3) years of approval date.