Lakeway City Zoning Code
ARTICLE 30
04 CITY REGULATIONS
§ 30.04.001 Uses and acts prohibited in the city.
All uses or acts not expressly permitted or authorized by this chapter are prohibited in the city, including but not by way of limitation, the following:
(1)
Open-air commercial amusements, except those in place for one week or less, for which a permit has been issued by the City Council.
(2)
Junkyards, salvage yards, wrecker yards, and all open-air storage of junk, waste products and salvage materials.
(3)
Placing, locating or erecting a mobile home.
(4)
Mobile home or recreational vehicle parks.
(5)
Building material storage yards.
(6)
Reserved.
(7)
Meat processing plants.
(8)
Missions or shelters.
(9)
Recycling or solid waste centers.
(10)
Quarrying, mining or extractive uses of all descriptions except the drilling and use of water wells.
(11)
Steel or iron manufacturing, tool & die makers.
(12)
Taverns and bars.
(13)
Bingo halls, dance halls.
(14)
Crematories.
(15)
Tattoo parlors.
(16)
Adult entertainment activity, except as permitted in district C-2.
(17)
The sale, use, display, or possession of fireworks, except when approved by the City Council by special permit. As used in this subsection, the word "use" shall mean to in any manner shoot, discharge, explode and/or ignite any fireworks.
(18)
To discharge a firearm within the incorporated limits of the city; provided, however, that the following are defenses to prosecution under this section:
(A)
The person discharging the firearm was a peace officer acting in the performance of his official duties; or
(B)
The person discharging the firearm was lawfully defending a person or property; or
(C)
The firearm discharged was a toy gun not capable of discharging a projectile a distance in excess of 50 feet.
(19)
Automobile sales lots (new or used) except as permitted in a C-4 district.
(20)
The keeping of animals, livestock or poultry of any kind, except dogs, cats, or other common household pets provided that they do not constitute a nuisance (except as permitted in AG district).
(21)
Zoos.
(22)
The hanging of laundry or camping equipment, or other like items to dry in the open except when such items are not visible to the public (except as permitted in R-6 district).
(23)
The parking or standing of trucks, buses, trailers, mobile homes, or recreational vehicles on any public right-of-way or lot outside of a building. It is an affirmative defense to this section that the truck, bus, trailer, mobile home or recreational vehicle is:
(A)
A conventional passenger vehicle, pick-up truck, motorcycle, or van;
(B)
A recreational vehicle parked on a residential lot for no more than two days out of any seven day period for purposes of loading and unloading;
(C)
A vehicle used for agricultural purposes parked in an AG district;
(D)
A boat trailer parked in a M district;
(E)
The only trailer or recreational vehicle parked or stood on the lot in an R-6 district;
(F)
A nonpassenger type trucks associated with a permitted business parked or stood in a C-1, C-2, C-4, HM, GUI, M, or REC districts; or
(G)
A delivery truck parked or stood for less than two hours when being loaded or unloaded in a C-1, C-2, or C-4 district.
(24)
The parking or standing of boats, watercraft, houseboats, personal watercraft, or other waterborne vehicles on any public right-of-way or lot outside of a building. It is an affirmative defense to this section that:
(A)
The waterborne vehicle was parked, stood or docked in an M district;
(B)
The waterborne vehicles was docked at a private dock;
(C)
The waterborne vehicle was the only boat parked or stood on the lot in a R-6 district;
(D)
The waterborne vehicle was parked on a residential lot for no more than two days out of any seven day period for purposes of loading and unloading.
(26)
Uses or acts attended by nuisances as defined herein.
(27)
The open-air (outside of a building) display of any products, materials, vehicles, boats, or equipment for sale, lease or rent (except live vegetation) except in conjunction with a permitted use in C-4 or M districts or a special use permit granted by the city council pursuant to article 30.05.
(28)
Driving a motor vehicle, as defined by the Texas Transportation Code, excluding golf carts, across private residential property except on residential driveways constructed of concrete, exposed aggregate or other materials expressly approved by the city except for permitted construction, property maintenance or an emergency.
(29)
Operating, maintaining, or using property as a short-term rental without a lawfully issued special use permit.
(Ordinance 2019-02-19-03 adopted 2/19/19; Ordinance 2019-03-18-01 adopted 3/18/19; Ordinance 2025-09-15-01 adopted 9/15/2025)
§ 30.04.002 Elimination of existing nuisances.
Nuisances attending any use lawfully existing at the time the property is annexed into the city shall be eliminated or mitigated to the maximum extent feasible within ninety days of the effective date hereof. Nuisances which can be rectified solely through physical adjustments to the luminaire, such as a misaligned shielded directional luminaire, must be correctly adjusted with no exceptions. Other exceptions may be approved by the code official upon review and determination that complete compliance is not feasible.
(Ordinance 2003-09-15-1, sec. 4.02, adopted 9/15/03; Ordinance 2023-09-05-02 adopted 9/5/2023)
§ 30.04.003 Accessory uses.
The uses of land, buildings, and other structures permitted in each of the districts established in this chapter are designated by listing the principal uses. In addition to such principal uses, accessory uses are also permitted in each district. No accessory structure shall be erected or use permitted prior to the construction of the principal use structure or establishment of the principal use. Each accessory use shall:
(1)
Be incidental to the principal use established on the same lot;
(2)
Be subordinate to and serve such principal use;
(3)
Be intended for the comfort, convenience, or necessity of users of such principal use;
(4)
Not be designed nor used for human habitation except for guest and domestic quarters as provided herein; and
(5)
Not be attended by nuisance.
(Ordinance 2003-09-15-1, sec. 4.03, adopted 9/15/03)
§ 30.04.004 Screening of nonresidential uses.
All lots, or parts of lots, which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to residential or other nonresidential uses and not separated by a public street or roadway, shall be screened from other uses with landscaped buffer zones in accordance with this chapter and the provisions of the city’s development and building ordinances.
(Ordinance 2003-09-15-1, sec. 4.04, adopted 9/15/03)
§ 30.04.005 Regulation of airports, helipads, heliports or aircraft.
(a)
No person shall ascend or land with any aircraft, or permit the ascending or landing of any aircraft within the city limits of the City of Lakeway, Travis County, Texas, except as permitted within districts zoned AV. This proscription shall not apply to any medical helicopter nor shall it apply to emergency landings or to military or national guard aircraft.
(b)
No construction of heliports or helipads is permitted, except in an AV district.
(Ordinance 2003-09-15-1, sec. 4.05, adopted 9/15/03)
§ 30.04.006 Signs.
The only signs permitted in the city are those which meet the requirements of the City of Lakeway’s sign ordinance and amendments thereto, and which have received the necessary approval.
(Ordinance 2003-09-15-1, sec. 4.06, adopted 9/15/03)
§ 30.04.007 Solid waste container storage.
Each dwelling unit shall have concealed solid waste containers which meet the requirements of the city building ordinance, as amended, and which have received the necessary approval. Each nonresidential structure shall be provided with adequate concealed solid waste containers which meet the requirements of the city building ordinance, as amended. The placement and screening of nonresidential solid waste containers must be approved by the code official. Properties which do not have solid waste containers that meet the provisions of the city building ordinance must do so within six months of the adoption of this chapter.
(Ordinance 2003-09-15-1, sec. 4.07, adopted 9/15/03; Ordinance 2025-06-16-02 adopted 6/16/2025)
§ 30.04.008 Time-share ownership.
No single-family dwelling unit, or multiple-family dwelling unit, or condominium shall be owned by multiple time-share ownership or multiple time-share ownership license except in zoning district HM Hotel/Motel as provided herein.
(Ordinance 2003-09-15-1, sec. 4.08, adopted 9/15/03)
§ 30.04.009 Gated communities.
Gated communities shall be prohibited in the City of Lakeway.
(Ordinance 2006-08-21-2, sec. 1 (rev. 5), adopted 8/21/06)
§ 30.04.010 Model homes and sales trailers.
(a)
Model homes and sales trailers may be constructed and operated as real estate sales offices if they meet all of the following criteria:
(1)
The builder of the model home/sales trailer owns, and intends to build on, at least 20 more residential lots in the same subdivision.
(2)
Additional off-street parking is made available for customers.
(3)
The model home use is terminated after 3 years.
(4)
The sales trailer use is terminated after one year. The zoning and planning commission may approve extensions for extenuating circumstances.
(5)
No one lives in the house/sales trailer.
(6)
Signage is approved by the zoning and planning commission.
(7)
Any modifications made to the home for sales purposes must be removed, deleted, or reconstructed back to the originally approved plans.
(b)
Approvals for model homes and sales trailers shall be granted by the zoning and planning commission.
(Ordinance 2005-03-21-2, sec. 1 (rev. 2), adopted 3/21/05)
§ 30.04.011 (Reserved)
Editor’s note–Former section 30.04.011, pertaining to easements and building setbacks and deriving from Ordinance 2011-04-18-06, rev. 3 (ex. B (22)), adopted April 18, 2011, was deleted in its entirety by Ordinance 2013-02-19-04, revision 5, adopted February 19, 2013.