(a)

The city is hereby divided into the following zoning districts:

(1)

Residential District (R);

(2)

Commercial District (C);

(3)

Park District (P);

(4)

Governmental and Institutional District (GI);

(5)

Hospital District (H); and

(6)

Planned Unit Development District (PUD).

(b)

These zoning districts are of such shape and area as shown on the city's official zoning map, and have been deemed best suited to carry out the purposes of V.T.C.A., Local Government Code ch. 211. Within such districts, this article hereby regulates and restricts the construction, alteration and use of buildings and structures, and the use of land, as herein set forth. While the regulations applicable in each of the districts differ, all such regulations are uniform in each district.

(c)

Any portion of land within the city not specifically zoned C, P, GI, H, or PUD is hereby expressly zoned R.

(Code 1987, ch. 11, subch. G, art. III, § 1; Code 1995, § 14.02.081; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

The official zoning map shall be maintained by the city secretary in digital form by geographic information system mapping and shall reflect current zoning district boundaries.

(b)

The official zoning map shall be adopted by ordinance and all amendments to the official zoning map shall be adopted by ordinance at the time of the zoning change. As soon as practical after adoption of a zoning change, the city administrator shall initiate an amendment to the official zoning map to reflect the zoning change. The official zoning map shall be the final authority with respect to the current zoning status of land, buildings and structures in the city. A digital copy of the official zoning map shall be posted on the city website and shall be available for review by the public in the city's offices.

(Code 1987, ch. 11, subch. G, art. III, § 2; Code 1995, § 14.02.082; Ord. No. 2022-05-18-15, § 2, 5-18-2022)

The regulations established by this article for each zoning district shall be minimum regulations and shall apply uniformly and particularly to each class or kind of land, building or structure, except as otherwise provided.

(Code 1987, ch. 11, subch. G, art. IV, § 1; Code 1995, § 14.02.121)

No land, building or structure shall hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be constructed, altered or moved, except in conformance with all of the regulations specified in this article for the district in which such land, building or structure is located.

(Code 1987, ch. 11, subch. G, art. IV, § 2; Code 1995, § 14.02.122)

Whenever any street or other public way is vacated by official action of the city council, the zoning district adjoining each side of the public way shall be extended to the center of the vacated area, and thereafter all land included in the vacated area shall be subject to all zoning regulations applicable in the extended district. Notwithstanding the foregoing, if South Crest Drive or any portion thereof shall ever be vacated, then the vacated portion of South Crest Drive shall be included in the residential district.

(Code 1987, ch. 11, subch. G, art. III, § 3; Code 1995, § 14.02.083)

(a)

All territory hereafter annexed to the city shall be temporarily zoned residential until permanently zoned by the city council.

(b)

Within 60 days after the effective date of the annexation of any territory to the city, the planning and zoning commission shall institute proceedings to permanently zone the territory. If the commission fails to institute proceedings within the prescribed 60-day period, the owners of the property in the newly annexed territory may make a written request to the commission to give the territory a permanent zoning classification.

(c)

The procedure for establishing permanent zoning for newly annexed territory shall conform to the procedures established by law for the adoption of original zoning regulations.

(Code 1987, ch. 11, subch. G, art. III, § 4; Code 1995, § 14.02.084)

Each building or structure hereafter constructed in the city shall be located on a lot. No more than one main building shall be located on a lot except as provided in this article.

(Code 1987, ch. 11, subch. G, art. IV, § 3; Code 1995, § 14.02.123)

(a)

On a corner lot, any tree and any vegetation with a height greater than 36 inches above top of curb may not be placed, planted, or maintained within 15 feet of the intersection of the street surfaces of the two streets bordering the lot.

(b)

A tree existing prior to January 1, 2017, is exempt from the requirements of subsection (a) of this section; provided, however, that the foliage of an exempted tree shall be maintained at a height no lower than 96 inches above the top of curb.

(c)

New plantings, including trees, shall not impede vision of approaching traffic through the intersection.

(d)

On a corner lot, no structure, fence, retaining wall, or berm with a height greater than 36 inches above the top of the curb may be constructed, placed, planted, maintained or allowed to grow within 15 feet of the intersection of the right-of-way lines of the two streets bordering the lot.

(Code 1987, ch. 11, subch. G, art. IV, § 4; Code 1995, § 14.02.124; Ord. No. 2018-02-21(B), § 3, 2-21-2018)

(a)

No retaining wall, or portion of a retaining wall with a height greater than 36 inches above the street curb level may be constructed within 15 feet of a front lot line, or side lot line adjacent to the street of a corner lot.

(b)

If a retaining wall is constructed at a distance greater than 15 feet from a front lot line, or a side lot line adjacent to the street of a corner lot, the maximum allowable height of the retaining wall above the street curb level may be increased by 12 inches for each additional five feet of distance between the retaining wall and the applicable lot line.

(c)

The height of a retaining wall is defined as the vertical distance measured from a reference datum, which may vary with the elevation of the curb at the street, to the top of the retaining wall at the point where the measurement is taken. The reference datum shall be the point where a line, which is level with the top and perpendicular to the face of the curb at the street, intersects the vertical face of the retaining wall.

(Ord. No. 2018-02-21(B), § 4, 2-21-2018)

(a)

Except as otherwise provided in this section, no front-yard fence may be erected or maintained.

(b)

A front-yard fence complying with the criteria provided in this subsection (b) of this section is allowed on property in a residential zoning district. The following criteria shall apply to such a fence:

(1)

The height shall not exceed three feet measured perpendicular from the adjacent finish grade;

(2)

Piers or posts may exceed the maximum height and fencing adjacent to the pier or post by four inches;

(3)

On sloped lots, to accommodate variations in elevation of the ground beneath a fence segment between two piers or posts, a fence may exceed the maximum height by up to six inches, provided that the average height of such fence segment does not exceed the maximum height;

(4)

The fence shall be constructed of such materials or in a manner to allow for an average of 80 percent visibility through the fence;

(5)

All fence components shall be a minimum of 15 feet from the curb, or edge of the street pavement where there is no curb;

(6)

The fence shall have columns, posts, or supports that are metal, brick, rock, stone, or wood;

(7)

If only one side of the fence is stained wood or other finished material, the finished side shall face away from the interior of the property; if support components are provided on only one side of the fence, such support components shall be on the side facing the interior of the property;

(8)

If a fence crosses a driveway or means of vehicular access to the property, the fence and any gate shall be located so that entering vehicles will be completely off the street when stopped for the gate to open, and such gate shall open parallel to or away from the street;

(9)

No chain link, barbed wire, or electrified fences shall be installed or maintained;

(10)

No fence, including decorative or ornamental fence tops, shall be designed to include or be constructed of barbed wire, broken glass or any exposed sharp or pointed materials that may penetrate or impale persons or animals.

(c)

On a corner lot, a fence may be erected and maintained in a side yard and rear yard adjacent to a street, but may be located no closer than 15 feet from:

(1)

The edge of the street curb closest to the property, if the street has a curb; or

(2)

The edge of the street pavement, if there is no curb.

(d)

If a fence along the side or rear of a lot or property is erected to the property line, adequate access to utility lines and meters shall be provided.

(e)

In no event may a fence be erected or maintained in or upon a city right-of-way or public right-of-way, except when installed by the city or its agents for municipal purposes.

(f)

All fences shall be maintained in good condition.

(Code 1995, § 14.02.125; Ord. No. 2012-10-17(A), § 2, 10-17-2012; Ord. No. 2018-03-18, 3-21-2018)

(a)

A swimming pool or sport court may only be constructed on a lot within the residential or park zoning districts.

(b)

No swimming pool or sport court shall be constructed or maintained in the area between the front lot line and the front setback line of a lot.

(c)

On a corner lot, no swimming pool or sport court shall be constructed or maintained in the area between the side setback line and the side lot line that borders a street.

(d)

No swimming pool or sport court shall be constructed or maintained:

(1)

In the area between the side setback line and a side lot line that does not border a street; nor

(2)

In the area between the rear setback line and a rear lot line.

(e)

A deck or apron designed to serve a swimming pool or sport court shall be located at least five feet from a side lot line and ten feet from a rear lot line.

(f)

Overhead lighting in swimming pool or sport court areas is prohibited.

(g)

Each outdoor swimming pool erected, constructed or substantially altered after March 1, 1988, shall be completely enclosed by a fence in compliance with all applicable regulations then adopted by the city and in effect from time to time. From and after April 20, 2016, all such new or substantially altered fences shall comply with the requirements of appendix G, section AG 105.1 of the 2012 International Residential Code, except that no building material may be used in the construction of a fence except as permitted by this Code.

(h)

Following the issuance of a certificate of occupancy for a swimming pool or other improvements that include a swimming pool, the swimming pool fence required by subsection (g) of this section shall be maintained in reasonably good condition and in the manner and configuration required by the applicable regulations of the building code adopted by the city and in effect at the time of the original installation of such fencing. Such obligation to maintain shall continue at all times that the swimming pool is in usable condition or holds water. On an annual basis or such other frequency reasonably determined by the responsible city official, a designated agent of the city may require a visual inspection of a swimming pool and related fencing for which a certificate of occupancy has been issued. Any such inspection shall be conducted only after reasonable written or verbal advance notice has been provided to the owner or occupant of the affected property. If a swimming pool fence is found not to comply with applicable regulations, the designated official shall provide written notice of noncompliance by certified mail forwarded to the address where the swimming pool is located. The owner shall make all repairs and corrections to make the fencing fully compliant not later than 30 days after the date written notice of noncompliance is forwarded as provided in this subsection (h) of this section. The designated official shall conduct an inspection to verify timely compliance.

(i)

A failure to timely correct each noncompliance in a swimming pool fence following notice of noncompliance forwarded as provided in subsection (h) of this section shall constitute a Class C misdemeanor. An offense shall be punishable by a fine of not less than $25.00 nor more than $500.00 per day the noncompliance continues. The penalty provided in this subsection shall be cumulative and not exclusive of any other civil or injunctive remedy provided by applicable law.

(Code 1987, ch. 11, subch. G, art. IV, § 6; Code 1995, § 14.02.126; Ord. No. 2016-03-16(B), 3-16-2016; Ord. No. 2023-11-15-03, § 2, 11-15-2023)

(a)

Driveways in the zoning districts other than C district. Each driveway shall be located at least five feet from a side lot line and ten feet from a rear lot line. Each driveway shall be permanently hard-topped with a durable surface and shall be designed and constructed in a manner that will permit ingress and egress of motor vehicles.

(b)

Driveways in C district.

(1)

Each driveway shall be permanently hard-topped with a durable surface and shall be designed and constructed in a manner that will permit ingress and egress of motor vehicles.

(2)

Driveways shall be no wider than 25 feet for a single drive and 40 feet for a divided drive, as measured at the lot line.

(3)

Driveways taking access from Bee Cave Road shall be spaced no less than 200 feet at the lot line from any other driveway and no less than 100 feet from the right-of-way of intersecting streets.

(4)

Shared and cross access. Notwithstanding any other provisions of the city, unless otherwise approved by the city, to reduce the number of curb cuts and access driveways, the dedication of joint-use, private access driveway easements, and cross-lot access easements shall be required for all commercial development.

a.

To facilitate access management and internal circulation, common access and cross access easements are required between and across adjacent lots zoned commercial fronting on Bee Cave Road unless the city administrator or his/her designee authorizes an exemption due to site constraints.

b.

The use of common driveways shall require the dedication of a joint-use public or private access easement on each affected property.

c.

Properties which do not share a common driveway straddling a lot line shall provide cross access easements to facilitate the flow of traffic between adjacent properties. Cross access shall begin at a driveway and extend side to side to adjacent properties.

d.

The easement dedication shall be provided on the final plat when a public easement is used. Alternatively, a private access easement for access via neighboring property, approved by the city administrator or his/her designee, may be filed by separate instrument in the county deed records with a copy forwarded to the city. When a private access easement is used, it shall be filed in the county deed records prior to recordation of the final plat or prior to issuance of a certificate of occupancy, whichever comes first.

e.

The plat or easement instrument shall state that the easement shall be maintained by the property owner or a property owner's association.

f.

The easement shall encompass the entire width of the planned driveway and drive aisles.

(Code 1987, ch. 11, subch. G, art. IV, § 7; Code 1995, § 14.02.127; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

The city council may designate certain buildings and structures as having special historical or architectural significance. Before making any such designation, the city council shall submit the proposed designation to the commission, which shall consider the proposal and submit a recommendation to the council. The commission shall give notice, conduct a hearing and make recommendations to the city council according to the same procedures provided under this article for proposed changes in zoning. In like manner, the city council shall give notice, hold a hearing and make its determination in the manner provided under this article for changes in zoning.

(b)

In determining whether to designate a building or structure as having special historical or architectural significance, the city council and the commission shall consider one or more of the following criteria, as well as other criteria deemed appropriate by the council or commission with respect to the building or structure:

(1)

Its value as part of the development, heritage, or culture of the city, county, state, or nation;

(2)

Its recognition as a recorded state historic landmark, a national historical landmark, or entry into the National Register of Historic Places;

(3)

Its distinguishing architectural characteristics;

(4)

Identification of the building or structure as the work of an architect or master builder whose individual work has influenced the development of the city, county, state or nation;

(5)

Its embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation;

(6)

Its relationship to other distinctive buildings, sites or areas that are eligible for preservation according to a plan based on architectural, historic or cultural motif;

(7)

That the building or structure was the site of a significant historic event;

(8)

Its identification with a persons who significantly contributed to the culture and development of the city, county, state or nation; or

(9)

Its value as an aspect of community sentiment or public pride.

(Code 1987, ch. 11, subch. G, art. IV, § 8; Code 1995, § 14.02.128; Ord. No. 2019-10-16-14, § 2, 10-16-2019)

No multilevel parking structure shall be constructed within the city unless approved by the city council.

(Code 1987, ch. 11, subch. G, art. IV, § 10; Code 1995, § 14.02.130)

(a)

Definitions. As used herein:

(1)

"Shielded" means "installed in such a manner that all light emitted by the fixture, either directly from the bulb or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane immediately beneath the fixture's lowest light-emitting part." See exhibit in the Commercial Lighting and Signage Manual for examples of conforming and nonconforming light fixtures.

(2)

"Footcandle" means the illuminance produced on a surface one foot from a uniform point source of one candela and equal to one lumen per square foot.

(b)

Applicability.

(1)

The regulations contained in this section are applicable to outdoor lighting fixtures installed on structures within the non-residential zoning districts of the city.

(2)

All outdoor lighting fixtures existing and legally installed and operating before the effective date of this section, or installed pursuant to a permit approved prior to the effective date of this section, shall be brought into conformance with this section upon the earlier of: (1) an application for a site plan or building permit for construction of a new building or modification of 50 percent or more of an existing structure; or (2) replacement or modification of an existing non-conforming fixture.

(3)

This section does not apply to interior lighting; however, overly bright lighting emitted from a structure will be subject to this section if it is determined by the city administrator or his/her designee that it creates a nuisance or a potential safety hazard.

(c)

Exemptions. The following are exempt from the provisions of this section:

(1)

Publicly maintained traffic control devices;

(2)

Street lights installed prior to the effective date of this section;

(3)

Temporary emergency lighting (fire, police, repair crews);

(4)

Lighting fixtures and illumination requirements imposed by TxDOT within TxDOT rights-of-way (ROW);

(5)

Moving vehicle lights;

(6)

Navigation lights (aircraft warning beacons on water towers and wireless transmission facilities) required by state or federal law;

(7)

Signs and associated lighting that conform to the city's sign regulations in chapter 24;

(8)

Seasonal decorations with lights in place no longer than 60 days; and

(9)

Other temporary uses approved by the city council (festivals, carnivals, fairs, night-time construction).

(d)

General standards. The following standards shall apply to all outdoor lighting installed after the effective date of this section:

(1)

Lighting must be shielded and aimed downward so as to ensure that the illumination is only pointing downward onto the ground surface or into the building.

(2)

The source of the light (the light bulb, light emitting diode, or any other light emitting device), a refractive or non-refractive lens cover, or reflector shall not be visible in a direct line of sight from any other property or public right-of-way.

(3)

Lighting must have a color temperature of no more than 3000 Kelvins (K).

(4)

For properties other than automotive service stations, the maximum allowable intensity of lighting measured at the lot line shall be 0.25 footcandle.

(5)

For automotive service stations and other fueling facilities, the maximum allowable intensity shall not exceed 10.0 footcandle in the area surrounding pump islands. Canopy lighting shall be recessed into the canopy. The maximum allowable intensity of lighting measured at the lot line shall be 0.25 footcandle.

(6)

Any lighting to illuminate parking lots, buildings, or other structures shall not exceed the height of such buildings or structures, if attached thereto, or, if pole-mounted, a height of 24 feet to top of fixture. All lighting shall be installed in a manner which directs or shields the light away from nearby dwellings.

(7)

Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties or public street rights-of-way.

(8)

Outdoor uplighting is prohibited except in cases where the fixture is shielded by a roof overhang or similar structural shield and a licensed architect or engineer has stamped a prepared lighting plan that ensures that the light fixtures will not cause light to extend beyond the structural shield. For spotlights and floodlights mounted overhead on poles and used for area lighting, the axis of illumination shall be adjusted to an angle not more than 20 degrees from the vertical line between the fixture and the ground. For spotlights and floodlights mounted at or near ground level and used to light a building, or other structure, the axis of illumination shall be adjusted to minimize the amount of light escaping above, below, and to the sides of the illuminated object.

(9)

The aggregate total of outdoor lighting on any property shall not exceed 50,000 lumens per acre or equivalent thereof for lots of less than an acre.

(10)

No light or illumination that flashes, moves, scrolls, rotates, scintillates, blinks, flickers, or uses intermittent electrical pulsations is permitted.

(e)

Submittals. Applications for all building permits for new construction or redevelopment, including the installation of outdoor lighting fixtures, shall provide proof of compliance with this section. The submittal shall contain the following information as part of the permit application:

(1)

Plans indicating the location, type, and height of lighting fixtures including both building mounted and ground mounted fixtures;

(2)

A description of the lighting fixtures, including lamps, poles or other supports and shielding devices, which may be provided as catalog illustrations from the manufacturer;

(3)

Photometric data, which may be furnished by the manufacturer, showing the angle of light emission;

(4)

Detailed site lighting plan illustrating the footcandle power measured throughout the site; and

(5)

A certification by an engineer registered in the state as conforming to applicable requirements of this Code.

(f)

Enforcement. The city shall have the power to administer and enforce the provisions of this section, as provided in this Code. Any violation of this section is hereby declared to be a nuisance. A civil penalty of up to $2,000.00 for each day a violation occurs may be assessed when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice failed to take action necessary for compliance with this article.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

The regulations set forth in this division shall apply to all land, buildings and structures in the residential district (R).

(Code 1987, ch. 11, subch. G, art. V, § 1; Code 1995, § 14.02.201)

(a)

No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered, except for one or more of the following uses:

(1)

Dwellings;

(2)

Accessory buildings or structures;

(3)

Home occupations;

(4)

Any use otherwise authorized in a residential zoning district pursuant to applicable state or federal law, including community homes pursuant to V.T.C.A., Human Resources Code ch. 123 and, as applicable, religious assembly uses pursuant to the Texas Religious Freedom and Restoration Act which are operated in conformance with those applicable laws and in compliance with this Code;

(5)

The following shall be permitted provided that such use of property has continued without interruption or change in ownership of the property since 12 months after the original adoption of this article, but not otherwise:

a.

Parks, playgrounds, recreation buildings, city buildings, nonprofit libraries or museums, or fire stations;

b.

Public water or wastewater facilities, including reservoirs, filler beds, surface or below surface tanks, artesian wells, pumping plants, wastewater disposal facilities, or city administration buildings; and

c.

Subdivision sales offices.

(b)

Notwithstanding the permitted use of a dwelling as provided in subsection (a), a permitted use of a dwelling shall not include the following:

(1)

Occupancy by a fraternity or sorority;

(2)

Residence in a dwelling by three or more persons unrelated to each other by blood, marriage, or adoption;

(3)

Occupancy of a dwelling that has been subdivided into two or more living areas with separate kitchen and bathroom facilities that are segregated by permanent wall(s) or partition(s), two or more of which living areas have separate and exclusive means of ingress and egress to the exterior of the dwelling.

(c)

As used in this section, "resident" and "residents" shall mean a person or persons who primarily lives, sleeps, and maintains possessions in the dwelling, or for which rent is paid for the person's use or occupancy, whether pursuant to a lease agreement, month-to-month tenancy or other agreement.

(d)

The number of residents in a dwelling, regardless of relationship by blood, marriage, or adoption, may not exceed the lowest number of residents derived from the following with any resulting fraction for the number of residents being rounded down:

(1)

The total gross square footage of air-conditioned space in the dwelling divided by 300 square feet;

(2)

The number of areas in the dwelling intended as sleeping quarters meeting the requirements of minimum room areas as defined by the most recent International Residential Code adopted by the city and having at least one attached closet, multiplied by two;

(3)

A maximum of ten residents.

(e)

Each person who enters into a lease or other contract that authorizes or provides for residence or occupancy of a dwelling proscribed by subsections (b)(1) and (3), including an owner of the affected property, shall be deemed to have violated the restriction on use applicable to a residential zoning district.

(f)

An owner or sub-lessor of a dwelling who enters into an oral or written lease or other agreement (directly or through an agent) that authorizes or permits a residency or occupancy of a dwelling in violation of this section shall be guilty of an unauthorized occupancy of a dwelling when such a residency or occupancy actually occurs.

(Code 1995, § 14.02.202; Ord. No. 2013-12-18(B), 12-18-2013; Ord. No. 2015-12-16(B), § 2, 12-16-2015; Ord. No. 2019-08-21(A), § 2, 8-21-2019)

(a)

All uses not expressly permitted or authorized in the residential district by this article are prohibited. By way of example, but not in limitation, the following are prohibited:

(1)

Storage or accumulation within the public view of any salvage materials, discarded material, compost piles, lumber, waste products or scrap material, debris or junk;

(2)

Parking or storing any regulated vehicle;

(3)

Any use that constitutes a nuisance by reason of dust, noise, glare or other conditions that are offensive or detrimental to other property in a residential district or the occupants of that property;

(4)

The display within the public view of any products, materials, motor vehicles, equipment or other personal property for sale, lease, rent, trade, exchange or other disposition, except in connection with a garage or yard sale conducted by the resident of the home where such goods are displayed and provided that any such garage or yard sale is neither conducted for more than two consecutive days nor held more frequently than two times on any lot in any calendar year. Substantially all of the items offered for sale at an allowed garage or yard sale must be owned by (not consigned, loaned or entrusted to) the resident of the affected lot;

(5)

The display within the public view of any signs, except as permitted by chapter 24, article II; and

(6)

The offer for sale of goods, furnishings, appliances, or fixtures in or around a home by a person who does not reside in the home, including such arrangements as the sale of furnishings or estate sale items by a third party in connection with the marketing of real property for sale. This prohibition does not include:

a.

An incidental offer for sale of items by third parties in connection with an allowed garage or yard sale described in subsection (a)(4) of this section; or

b.

A sale of items, where the net sale proceeds will be earned by or contributed to a nonprofit charitable, religious, civic, or political entity or organization that is exempt from income taxes pursuant to the Internal Revenue Code.

(7)

The rental of any residential amenity including, but not limited to, any feature of a residential dwelling, or place, except where the amenity is included as part of the rental of a dwelling for longer than 30 days.

(b)

Notwithstanding anything to the contrary in subsection (a) of this section, the following are permitted uses in a residential zoning district:

(1)

Storage of construction debris and construction materials generated or stored in connection with activity authorized by a valid building or demolition permit issued by the building official, subject to all regulations and restrictions applicable to the issuance of such permit; for the avoidance of doubt, upon the expiration, revocation, or suspension of a building permit, materials and debris must be removed from the property;

(2)

Parking or storing a regulated vehicle if:

a.

The regulated vehicle is located behind an opaque fence, hedge, or other allowed screening structure that is at least six feet high that substantially screens the regulated vehicle from view from a public street;

b.

The regulated vehicle is not otherwise visible from a public street (as, for example, when it is stored behind the home on the lot); or

c.

The regulated vehicle is located on a driveway on the property, so long as it is not on such property during any part of the hours 9:00 p.m. to 7:00 a.m. the following day for more than two consecutive nights;

(3)

Parking or storing a recreational vehicle on a lawfully installed driveway for not more than ten total days in any six-month period; and

(4)

Parking or storing a vehicle other than a regulated vehicle in any yard within public view, is permitted if the vehicle:

a.

Is on a lawfully installed driveway;

b.

Is operable; and

c.

Bears such indicia of a current and valid registration, inspection, and license as may be required by applicable law for operation or transport on a public street.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own mode of power or is mounted on or towed by another vehicle and is for personal use.

Regulated vehicle means any motor vehicle, camper, trailer, recreational vehicle, or boat, other than a conventional passenger vehicle, motorcycle, golf cart, or NEV.

(Code 1995, § 14.02.203; Ord. No. 2013-12-18(A), 12-18-2013; Ord. No. 2015-12-16(B), § 3, 12-16-2015; Ord. No. 2019-02-20(A), § 2, 2-20-2019; Ord. No. 2024-08-21-04, § 2, 8-21-2024)

Editor's note— Ord. No. 2019-08-21(A), § 2, adopted August 21, 2019, repealed § 107-70, which pertained to special uses and derived from the 1987 Code, ch. 11, subch. G, art. V, § 4; and the 1995 Code, § 14.02.204.

(a)

No portion of any building or structure (except a chimney, attic vent, lightning rod, or any equipment required by the city building code) may exceed 35 feet in height. Except as may be required by applicable codes, no chimney, attic vent, lightning rod or required equipment may extend more than three feet above the highest point of the following: the coping of a flat roof, the deck line of a mansard roof, or the gable of a pitched or hipped roof.

(b)

No part of a building or structure, exclusive of the exceptions outlined in this chapter may break this plane. The maximum allowable building height is 25 feet at a horizontal distance of ten feet from the property line, as measured from the original native ground surface or finished grade, whichever is lower. For each additional foot of horizontal distance beyond ten feet from the property line, the building height may increase by one foot, up to a maximum of 35 feet. The maximum height of 35 feet is allowed at a horizontal distance of at least 20 feet from the nearest property line.

(c)

Should a landowner believe the slope of a lot be so severe that the requirements proposed above have extreme adverse impact on the lot, an owner may seek relief from these requirements by variance granted by the board of adjustment.

(d)

Original native ground surface may be adjusted graphically as a straight line across unusual or minor topographic variations, including pools, ponds, existing basements, rock outcroppings, depressions, and natural drainage ways, with the intent to approximate the original grade of the property without penalty for previous construction.

(e)

Building height may be increased below the parallel plane by way of excavation, when starting a minimum of 20 feet horizontal from the side or rear property lines, as follows:

(1)

As to the portion of the building above the excavated area: Forty feet above finished floor for uppermost surface of eave/parapet;

(2)

As to the portion of the building above the excavated area: Forty-five feet above finished floor for ridgeline of sloped roof with a minimum of three over twelve roof pitch.

(3)

Any exposed foundation resulting from this increase may not exceed 18 inches.

(f)

The parallel plane may not be breached.

(g)

Foundation exposure within public view from the right-of-way cannot exceed six feet in height. Foundation exposure within public view from the right-of-way must be screened such that the unscreened portion does not exceed two and a half feet in height.

(Code 1987, ch. 11, subch. G, art. V, § 5; Code 1995, § 14.02.205; Ord. No. 2025-05-21-07, § 2, 5-21-2025)

Each lot shall be at least 15,000 square feet in area.

(Code 1987, ch. 11, subch. G, art. V, § 6; Code 1995, § 14.02.206)

Each dwelling shall contain at least 1,800 square feet of floor space. The ground floor of each two-story dwelling shall contain at least 1,000 square feet of floor space.

(Code 1987, ch. 11, subch. G, art. V, § 7; Code 1995, § 14.02.207)

The primary entrance of the dwelling shall face and be visible from the addressed street of the lot or shall be accessible from the addressed street of the lot and have physical features that clearly identify the location of the primary entrance of the dwelling and that are readily visible from the addressed street of the lot. Examples of such features include, but shall not be limited to walkways, entry portals, covered stoops, porches, or other structural features that direct the way to the primary entrance.

(Ord. No. 2025-03-19-09, § 2, 3-19-2025)

(a)

Each lot shall have a front yard, two side yards and a rear yard.

(b)

On each lot, the rear yard shall be to the rear of the front yard.

(Code 1987, ch. 11, subch. G, art. V, § 9; Code 1995, § 14.02.209; Ord. No. 2025-03-19-09, § 2, 3-19-2025)

(a)

In order to determine compliance with the minimum yard depth and width requirements of this section, measurements shall be made from the closest point on the foundation line of a "qualified building," as the term is defined in this section, to either the lot line or street right-of-way line, whichever results in the shortest distance.

(b)

The front yard of each lot shall have a minimum depth of 30 feet. For purposes of this subsection, "qualified building" means either a main building, a garage, or a covered front porch or covered front terrace.

(c)

The side yard of each lot shall have a minimum width of:

(1)

Ten feet, when the lot abuts another lot, except that the sum total of the two side yards of any lot shall not be less than 25 feet;

(2)

Thirty feet, when the lot borders a street other than described in subsection (c)(3) of this section;

(3)

Twenty feet, when two lots extend the length of one block and have abutting rear lot lines.

For purposes of this section, the term "qualified building" means a main building or accessory building.

(d)

The rear yard of each lot shall have a minimum depth of 20 feet. For purposes of this subsection, "qualified building" means an accessory building, or a main building or any projection thereof other than a projection of uncovered steps, or uncovered porches.

(e)

Any building feature other than an eave or roof extension may not extend into any required yard more than a maximum of two feet. In addition, no building feature other than an eave or roof extension may be closer than ten feet from a property line. Eaves and roof extensions may extend into any required side yard a maximum depth of 33 percent of the required side yard. Eaves and roof extensions may extend into any required front or rear yard a maximum of five feet.

(f)

Projections shall not contain habitable space.

(Code 1987, ch. 11, subch. G, art. V, § 10; Code 1995, § 14.02.210; Ord. No. 2009-05-07B, § 2, 5-7-2009; Ord. No. 2023-04-05-08, § 2, 4-5-2023; Ord. No. 2025-03-19-13, § 2, 3-19-2025)

(a)

No more than one accessory building may be located on a lot.

(b)

An accessory building may be located only in a rear yard or in a side yard that does not border a street.

(c)

An accessory building may not:

(1)

Exceed one story in height;

(2)

Exceed the height of the main building located on the same lot; or

(3)

Exceed 500 square feet in area.

(d)

The exterior of an accessory building used as a detached garage shall match the exterior of the main building.

(e)

An accessory building may not be constructed until after commencement of construction of the main building, nor may an accessory building be used unless the main building on the lot is also being used.

(Code 1987, ch. 11, subch. G, art. V, § 11; Code 1995, § 14.02.211)

(a)

No more than one temporary building may be located on a lot.

(b)

A temporary building shall be located only in a rear yard or in a side yard that does not border a street.

(c)

A temporary building shall not:

(1)

Be attached to a main building; or

(2)

Exceed ten feet in height nor 120 square feet in area.

(Code 1987, ch. 11, subch. G, art. V, § 12; Code 1995, § 14.02.212)

A subdivision sales office may be maintained for a period of one year from the date it was erected or until 75 percent of the territory in the subdivision is sold, whichever occurs first. The limitation may be waived by the board of adjustment upon application by the owner of the subdivision tract, or his agent, for a special exception to continue the use of the office.

(Code 1987, ch. 11, subch. G, art. V, § 13; Code 1995, § 14.02.213)

(a)

Definitions. For purposes of this article, the terms used will have the meanings set forth below. Words that are not defined will have their ordinarily accepted meanings.

(1)

Rental. The renting, bartering, trading, letting, or otherwise allowing the use of a residential structure or a room or rooms within a residential structure for compensation.

(2)

Short term rental. The rental of any property for a period of less than 30 days.

(b)

Prohibited. All short-term rentals are hereby prohibited and are unlawful within the city.

(c)

Penalty. A violation of this article is a misdemeanor punishable by a criminal penalty of up to $2,000.00 per day.

(2019-08-21(C), § 3, 8-21-2019)

(a)

The standard allowable fence height is up to eight feet from natural grade.

(b)

A special exception to the requirements of this section may be granted by the zoning board of adjustment if it can be demonstrated that a fence taller than eight feet from natural grade is necessary to address privacy, safety, or continuity.

(Ord. No. 2025-03-19-10, § 2, 3-19-2025)

(a)

Definitions. As used herein:

(1)

"Shielded" means "installed in such a manner that all light emitted by the fixture, either directly from the bulb or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane immediately beneath the fixture's lowest light-emitting part." See exhibit in the residential lighting manual for examples of conforming and nonconforming light fixtures.

(2)

"Footcandle" as used herein shall mean: The illuminance produced on a surface one foot from a uniform point source of one candela and equal to one lumen per square foot.

(3)

"String lights" means electric lights affixed to a wire, string, or cable, typically used for decorative purposes and often designed for temporary or festive installations, such as holiday lighting, patio ambiance, or special events.

(b)

Applicability.

(1)

The regulations contained in this section are applicable to outdoor lighting fixtures installed on structures within the residential zoning district of the city.

(2)

All outdoor lighting fixtures existing and legally installed and operating before the effective date of this section, or installed pursuant to a permit approved prior to the effective date of this section, shall be brought into conformance with this section upon the earlier of: (1) an application for a site plan or building permit for construction of a new building or modification of 50 percent or more of an existing structure, or (2) replacement or modification of an existing non-conforming fixture.

(c)

Exemptions. The following are exempt from the provisions of this section:

(1)

Publicly maintained traffic control devices;

(2)

Street lights installed prior to the effective date of this section;

(3)

Temporary emergency lighting (fire, police, repair crews);

(4)

Lighting fixtures and illumination requirements imposed by TxDOT within TxDOT rights of way (ROW);

(5)

Moving vehicle lights;

(6)

Navigation lights (aircraft warning beacons on water towers and wireless transmission facilities) required by state or federal law;

(7)

Signs and associated lighting that conform to the city's sign regulations in chapter 24;

(8)

Seasonal decorations with lights in place illuminated no longer than 60 days; and

(9)

Other temporary uses approved by the city council (festivals, carnivals, fairs, night-time construction);

(10)

Unshielded decorative lights meeting the standard (not exceeding 0.25 footcandle which mimic natural gas flickering lights;

(11)

Uplighting in trees not to exceed 50 lumens from source reflection or support structures, provided that the light source shall not be visible from the horizontal plane, i.e., the luminaire must be fully shielded; and

(12)

String lights provided that the emission of such lighting does not exceed 125 lumens per linear foot of line or square foot of space. These lights must be rated at or below 3000 Kelvin and can only be turned on between sunset and midnight; and

(13)

Motion activated security lights that are controlled by a timer that deactivates after no more than ten minutes.

(d)

General standards. The following standards shall apply to all outdoor lighting installed after the effective date of this section:

(1)

Except for street lighting in public right-of-way, all exterior fixtures over 1,000 initial lamp lumens must be hooded or shielded so that the light source is not directly visible from adjacent properties or properties within 250 feet of light source. As directed by city building official a submittal of exterior light fixtures shall be included with the building permit plans that includes lumens output, color temperature and a physical description.

(2)

Lighting must have a color temperature of no more than 3000 Kelvins (K).

(3)

Exterior lighting may not exceed 0.25 footcandle across the source property line.

(4)

No light or illumination that flashes, moves, scrolls rotates, scintillates, blinks, flickers, varies in intensity or color, or uses intermittent electrical pulsations is permitted other than low voltage lights permitted under item eight above for the limited period allowed in C8. Light fixtures may be controlled by a motion detector that deactivates fixtures after no more than 15 minutes.

(5)

Light fixtures shall be controlled by a timer that restricts activation to night time use only.

(6)

Private walkway light fixtures shall not exceed 385 lumens each.

(7)

Lighting within required yards. No light fixtures shall be installed in any required yard area, as defined in section 107-76 of the zoning ordinance, except for lighting installed in accordance with (6) above and for two light fixtures at a driveway entrance.

(8)

Landscape/yard lighting. Light fixtures used for illuminating landscape features shall not exceed 530 lumens.

(e)

Enforcement. The city shall have the power to administer and enforce the provisions of this section, as provided in this chapter. Any violation of this section is hereby declared to be a nuisance. A civil penalty of up to $2,000.00 for each day a violation occurs may be assessed when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice failed to take action necessary for compliance with this article.

(Ord. No. 2025-03-19-11, § 2, 3-19-2025)

Should some portion of the buildable area reside on or have a common boundary with a flood plain or drainage easement, and it can be shown that such conditions would have extreme adverse impact on the lot's buildable area, an owner may seek relief from the requirements of section 107-71(b) by special exception granted by the board of adjustment. In such cases, the board may grant a special exception such that the maximum height limits as stated in section 107-71(b) are increased for up to five additional feet of building height.

(Ord. No. 2025-05-21-07, § 2, 5-21-2025)

(a)

Mechanical equipment is prohibited in the required front yard or between the house and front yard.

(b)

Mechanical equipment is permitted in the required side yard and in the required rear yard, subject to the following conditions:

(1)

A minimum setback of ten feet from the property line is required.

(2)

The equipment shall be screened from Rollingwood public view using either vegetative or structured screening.

(Ord. No. 2025-09-17-23, § 2, 9-17-2025)

(a)

Purpose. The commercial district (C) is intended to provide suitable areas for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community.

(b)

Applicability. The regulations set forth in this division shall apply to land, buildings and structures located in the commercial district (C).

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

A building or structure or portion thereof within 300 feet of a residential district shall not exceed 30 feet in height and shall not exceed two stories. Any other building or structure or portion there of shall not exceed 45 feet in height and shall not exceed three stories (except as allowed in subsection (b) of this section). No parking structure shall be higher than the original native ground surface except as may be approved by the city council pursuant to section 107-38. All buildings or structures must be of pitched-type construction (hip or gable-type roofs with a minimum pitch of 3:12).

(b)

A personal wireless telephone service facility for which a special use permit has been issued may be up to five feet in elevation above the highest point of any building located on the same lot, if the lot has frontage on Bee Cave Road. The personal wireless telephone service facility must be located at a distance not less than 150 feet from any lot in a residential district if it:

(1)

Is freestanding and not attached to a building having an independent use; or

(2)

Has an elevation higher than the highest point of any building located on the same lot.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Each lot shall be at least 15,000 square feet in area.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Except as provided under subsection (b) of this section, each building shall be at least 1,800 square feet in area.

(b)

Separate commercial buildings of at least 800 square feet may be constructed on a lot of one acre or larger size upon approval by the city council of the development plans for the lot.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Each application for approval of development plans for commercial buildings shall include the following information, prepared and sealed where applicable by a registered professional engineer or registered professional land surveyor:

(1)

Date, scale, north point, title, name of the owner of the property and the name of the person preparing the plans;

(2)

A legal description of the lot, including a deed reference, a plat reference and, where applicable, a metes and bounds description;

(3)

Drainage plan: The development drainage plan will ensure that for the two-, ten-, 25-, and 100-year frequency storm events, the stormwater runoff peak flow rates shall not be increased above the pre-developed condition and shall not cause increased inundation of any building or roadway surface. The drainage plan shall include, as a minimum: determination of stormwater flows will be according to the drainage criteria manual. Any applicant seeking an increase to impervious cover limits under section 107-115 shall submit the documentation as required by that section to demonstrate compliance with the requirements of that section.

(4)

A topographical survey of the site on two-foot vertical contours showing the centerlines of existing watercourses;

(5)

A comprehensive grading plan shall be included with the development plan.

a.

The grading plan shall be designed to ensure all lots will adequately drain upon completion of the development improvements.

b.

The engineer will set the elevation of lot corners in conjunction with preparation of the drainage plan. Lot corner elevations shall be shown on the grading plan.

c.

All lots shall be graded from rear to front at which point the drainage shall be intercepted by the street. Alternate grading schemes may be utilized if it can be demonstrated by generally accepted engineering practices that grading from rear to front would be detrimental to trees or other natural features; or it would be prohibitive according to generally accepted engineering practice because of the existing topography because of excessive cuts and fills, or future lot development (i.e. commercial, industrial or multifamily lots).

d.

All lots shall be graded at a minimum of one percent. Grading of lots with existing slopes of one percent or greater will not be required provided the conditions under subsection (5)c of this section have been satisfied and it is demonstrated by generally accepted engineering practice that there are no existing or proposed features that will prevent the lots from adequately draining.

e.

Unless otherwise demonstrated by generally accepted engineering practice, surface swales shall be designed and provided along lot lines when more than two lots will be contributing to stormwater runoff at any given point. Side slopes for swales shall not exceed 3:1 (horizontal:vertical) unless otherwise accepted by the city engineer.

f.

Minimum finished floor slab elevations shall be shown for all lots. Such elevations shall be a minimum of two feet above the ultimate 100-year floodplain.

g.

Fills shall be placed in maximum 12-inch lifts and adequately compacted. The permit applicant shall be responsible for determining any special fill requirements.

h.

Following final grading, all exposed areas shall be permanently stabilized. Earthen areas shall be seeded or sodded and erosion controls shall remain in place until grass growth reaches 1½ inches, is of a density where it can be reasonably expected to be self-sustaining and there are no bare areas in excess of ten square feet.

(6)

The location and type of proposed drainage features, drainage systems, detention ponds and filtration ponds;

(7)

Erosion control: brush berms, silt fences, sedimentation basins, stabilized construction entrances/exits and similar recognized techniques shall be employed during and after construction to prevent point source sedimentation loading of downstream facilities. Such installations shall be in accordance with the approved engineered erosion control plan required by the approved development plan. Additional measures may be required during and after construction if, in the opinion of the city engineer, they are warranted. All disturbed and exposed areas due to construction shall be permanently stabilized. All such areas shall be dressed with topsoil and vegetated by seeding or sodding as appropriate. Where the city engineer determines that future maintenance is materially impaired or erosion is a distinct possibility, the developer shall be required to use concrete or similar permanent cover in lieu of vegetation. Erosion control matting (either pre-seeded or seeded after placement) may also be required if the city engineer determines that such protection of slopes is required to ensure that seeding or soil will not wash off of slopes;

(8)

The shape, size, location, height and floor area of all existing and proposed buildings and structures;

(9)

The location and size of existing and proposed streets, private or shared drives, driveways and parking spaces; and

(10)

The size and location of all existing and proposed public and private utilities.

(11)

Any impervious cover and design features as proposed under sections 107-115 and 107-116.

(b)

Each application for approval of development plans shall first be submitted to the building official, and shall be subject to all of the notice, hearing and other procedures provided under this article for proposed changes in zoning.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

No building may be closer than 75 feet from any area within a residential district.

(b)

No building may be closer than 20 feet from any public street or right-of-way.

(c)

Notwithstanding subsection (b):

(1)

No building may be closer than 30 feet from Rollingwood Drive.

(2)

A building may be closer than 20 feet, but no closer than five feet, from a property line adjacent to Bee Cave Road if the property owner has been approved to implement a landscape plan in conformance with sections 107-116(d).

(d)

As necessary to implement this chapter, the building official may designate the front or side lot lines.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

In addition to the setback provided for in section 107-108, any lot in the commercial district (C) that abuts a lot in a residential district shall be developed in accordance with the following requirements:

(1)

A 75-foot greenbelt, measured horizontally, shall be provided between the boundary of a residential district and the impervious cover, including parking and buildings, on every lot located in the commercial district (C). Vegetation within the 75-foot greenbelt shall be left in its undisturbed natural state. Clear cutting of native vegetation is prohibited within the 75-foot greenbelt.

(2)

In areas where the natural vegetation, terrain and other features do not provide a visual screen between a lot in a commercial district and an abutting lot in a residential district, landscaping shall be planted and maintained in accordance with the following specifications:

a.

A minimum of one native species shade tree shall be planted for each 25 linear feet of landscape buffer.

b.

A minimum of ten native species large shrubs (of a size of at least five gallons) shall be planted for each 50 linear feet of landscape buffer. Three small shrubs (of a size of at least one-gallon) may be planted for up to two required large shrubs.

c.

Existing preserved trees and shrubs located within the greenbelt may be credited toward these requirements.

d.

All plantings shall be supported by irrigation necessary to sustain growth and good health of the trees and shrubs.

e.

All required landscape screening shall be, or shall achieve, at least six feet in height and at least 90 percent opacity within two years of initial installation.

(3)

No landscaping required under this section shall be installed without prior approval of the landscaping plans by the city and the installation shall comply with such approval and with all other applicable requirements of the city.

(4)

No building shall be constructed with windows, porches or other features which provide a view from the building into a dwelling located on an abutting lot.

(5)

Any lighting to illuminate parking lots, buildings or other structures shall not exceed the height of such buildings or structures, and shall be installed in a manner consistent with the lighting standards of this division and which directs or shields the light downward and away from nearby dwellings.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Where possible, shared parking is encouraged. Parking areas which are adjacent to a residential district or a required greenbelt buffer shall be limited to a maximum of one drive isle with one row of parking on each side.

(b)

Parking spaces shall be located on the same lot as the building for which the parking spaces are to be used or within 300 feet of such building. Where parking spaces are located at a place other than the lot on which the building to which the space pertains is located, there must be a valid, binding written commitment that such property shall be used to fulfill the parking needs in a form acceptable to the city council. Such commitment shall be made enforceable by the city council.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Except as otherwise provided under this article, signs shall be governed by the regulations of the city sign ordinance.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Each permitted use shall:

(1)

Be conducted wholly within an enclosed building appropriate to such use (except in the case of a personal wireless telephone service facility for which a special use permit is issued); and

(2)

Where a special use permit is granted for cafes, cafeterias, or restaurants, such permit may also authorize outdoor dining.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Impervious cover shall not exceed 50 percent of the total area of any lot in the commercial district (C) except as provided in subsection (b).

(b)

Exceptions.

(1)

A total of 55 percent of the total area of any lot in the C district may be impervious cover if the increase in impervious cover does not create any increase in stormwater runoff (either volume or rate of flow of runoff).

(2)

A total of 60 percent of the total area of any lot in a commercial district may be impervious cover upon the following conditions: (i) if the site plan includes permanent low impact development (LID) stormwater practices (such as rainwater harvesting, green roofs, bio-retention, rain gardens, infiltration/filter strips, and conservation landscaping using native plants and trees that promote the area's natural habitat, and natural area preservation) above and beyond any required preservation of natural areas that reduce stormwater discharge such that the increase in impervious cover does not create any increase in stormwater runoff either volume or rate of flow of runoff; (ii) the site plan meets all TCEQ best management practices for water quality, and (iii) the site plan meets the design criteria specified in sections 107-39, 107-109, 107-116.

(c)

An application under subsection (b) shall include a drainage plan certified by a registered professional engineer as consistent with city requirements and all permanent low impact development (LID) stormwater practices required under subsection (b)(1) or (2), as applicable, along with a proposed plan describing the manner in which the LID practices and facilities and design criteria specified in sections 107-39, 107-109, 107-116 will be implemented and maintained for throughout the useful life of the project.

(d)

Prior to the issuance of a certificate of occupancy in connection with such a permit, the applicant shall submit a letter of certification from a registered professional engineer stating that the site's stormwater management and drainage facilities as built meet all impervious cover, city and LID stormwater management and water quality requirements, and were constructed in accordance with the approved permit.

(e)

City council may establish a list of materials and corresponding impervious cover values. This list may be reviewed and revised by city council from time to time. An approved and current list of such revisions shall be on file with the city.

(f)

No variance may be granted to exceed the maximum impervious cover limitations of this section.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Screening of storage and mechanical equipment. All storage areas and mechanical equipment must be screened from view from any adjacent residential district lot and any public street. Ground level facilities and equipment may be screened with wood fencing (with a smooth side of the fencing facing the residential district lot or public right-of-way), or brick, limestone, or other native stone walls. All mechanical equipment (including AC units, vents, and wireless facilities) must be located in the following manner:

(1)

Under the roof;

(2)

Contained within the building;

(3)

On the ground and screened from view from any adjacent residential district lot and any public street by wood fencing (with a smooth side of the fencing facing the residential district or public right-of-way), or materials compatible with the exterior of the building as may be approved by the building official; or

(4)

On the roof and shielded from view from any adjacent property and any public street with an enclosure constructed of the same exterior materials as the building.

(5)

The permit application shall include an exhibit demonstrating compliance with these screening requirements and adjacent sightlines.

(b)

Roof design. Except for buildings with a ground floor area of 8,000 square feet or more, all roofs of buildings must be of pitched-type construction (hip or gable-type roofs with a minimum pitch of 3:12). For buildings with a ground floor area of 8,000 square feet or more, all roofs of buildings must be of pitched-type construction (hip or gable-type roofs with a minimum pitch of 3:12) or have architectural elements that give the appearance of pitched-roof construction. Roofs generally must be a combination of pitched, gabled, or sloped elements. Pitched and "flat" roof areas must be designed and arranged to provide maximum aesthetic appeal and provide screening of equipment, AC units, vents, wireless facilities, and accessories from any view from a lot in a residential district of the city and any view from Bee Cave Road. Roof mounted solar panels shall be designed so as to be consistent in pitch or slope with the roof or masked in such a manner as to be unobtrusive when viewed from any adjacent lot.

(c)

Screening of trash receptacles. All trash receptacles shall be screened from public view and neighboring property view with wood fencing (with the smooth side of the fencing facing the residential district or public right-of-way), or brick, limestone, or other native stone walls. The enclosure shall be a minimum of eight feet in height with gates. Gates shall be of a solid sight obscuring material and shall be closed at all times except when loading or unloading.

(d)

Landscaping buffers. The following landscaping and buffers are required:

(1)

Along public rights-of-way. A landscaping buffer is required along any public right-of-way. The landscape buffer along public rights-of-way shall be located between the lot line adjacent to the right-of-way and any impervious cover on the lot, including parking, and along any rear lot pedestrian paths or trail along Eanes Creek. The landscaping buffer shall consist of trees with a mature height of at least six feet planted at a ratio of one tree per 25 feet of linear frontage along the public right-of-way to shade adjacent sidewalks and any pedestrian path and may include shrubs with a mature height of at least three feet. The grouping or clustering of trees as necessary to accommodate driveway spacing, utilities, drainage facilities, or similar site features is permitted.

(2)

Parking area landscaping. Parking areas shall be screened from any adjacent public right-of-way with a ten-foot deep landscaping buffer.

a.

The landscaping buffer shall be planted with trees planted at a ratio of one tree per 25 feet of linear frontage along the right-of-way, and with shrubs and other landscaping with a mature height of at least three feet, planted at sufficient density to disrupt sightline into the parking area and screen vehicular headlights.

b.

One tree is required for every six parking spaces and may be located in landscaped islands, peninsulas, or medians. Tree preservation is encouraged, thus preservation of an existing protected tree shall be provided credit in accordance with section 107-121(c)(3).

c.

No parking space shall be located further than 50 feet from a tree.

d.

Impervious paving over the critical root zone of any existing tree is prohibited, and any approved paving shall be porous pavement to allow water and air exchange, or other acceptable means to preserve the health of the tree.

e.

All required tree plantings shall be installed prior to the occupancy or use of property. Where compliance is not practicable due to the season of the year, the building official or his/her designee may grant a temporary certificate of occupancy. Any temporary certificate of occupancy may be revoked, after 30 days' written notice to the occupant and the owner of the affected property, if tree plantings are not undertaken as required under this article.

(3)

Each required tree shall be at least 12 feet high when planted and shall be maintained in a healthy condition. Said trees shall not be pruned except either to remove dead wood, or to prevent growth or to remove existing growth lower than 15 feet above the ground. Existing trees having a height of at least 11 feet may be counted as required trees, provided that the ground beneath the canopy remains unimproved. Any species of tree which does not normally grow to a height of 15 feet in the city, as determined by the city arborist or other competent person designated by the city administrator, shall not qualify as a required tree under this section. Any required buffer areas or trees required to be planted by this chapter shall be counted toward satisfying this requirement. All landscaping and buffering required by this section must be maintained by the property owner. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the city may be issued to the owner, citing the violation and imposing a fine pending compliance with this section.

(4)

An exception to the requirements of this subsection (d) may be approved by the building official for the location of a driveway in required landscaped areas.

(e)

Removal of vegetation from the city right-of-way. Any excavation, grading, or site clearance of a lot that involves the removal of vegetation from the city's right-of-way is prohibited without prior approval of the city building official.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

No area, building, or structure within the land may be used, constructed, or altered, except as follows:

(1)

Uses permitted in the residential district, excluding dwelling uses or subdivision sales offices;

(2)

Administrative, professional, and business offices and services, including account, architecture, attorney, computer services (including research and design) engineer, physician, veterinary services, broker, consultant, insurance agent, property management, investment, personnel, travel, secretarial, telephone answering, photocopy and reproduction, real estate agent, or similar administrative, professional, and business offices;

(3)

Accessory structures, other than buildings, and uses customarily incidental to these administrative, professional, or business offices;

(4)

Retail bakeries;

(5)

Barbershops or beauty shops;

(6)

Craft or hobby shops;

(7)

Department, sporting goods, novelty, variety, or toy stores;

(8)

Drugstores;

(9)

Laundry pickup and dry cleaning pickup stations;

(10)

Florist shops;

(11)

Antique stores;

(12)

Household or office furniture, furnishings, or appliance stores;

(13)

Jewelry or optical goods stores;

(14)

Shoe repair shops;

(15)

Variety stores;

(16)

Wearing apparel shops;

(17)

Health and wellness/fitness center;

(18)

Camera or photography supply stores;

(19)

Art and photography studios; and

(20)

Retail uses which supply the everyday shopping needs of residents of the city.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

Subject to approval by the city council, the following special uses may be permitted in the C district:

(1)

Facilities for assembling of and testing electronics components;

(2)

Child day care facilities, provided this is the only use on the particular lot;

(3)

Banks or savings and loan associations, including automated teller machines (ATMs);

(4)

Parking garages, provided that the garage is an accessory to the primary use on the same lot or an adjacent commercial lot;

(5)

For lots with frontage on Bee Cave Road, a personal wireless telephone service facility;

(6)

Research laboratories;

(7)

Cafes, cafeterias, or restaurants without outdoor dining;

(8)

Cafes, cafeterias, or restaurants with outdoor dining;

(9)

Convenience stores;

(10)

Grocery or food specialty stores;

(11)

Package liquor stores;

(12)

Automotive service stations;

(13)

Parking garages, provided that the garage is an accessory to the primary use on the same lot or an adjacent commercial lot;

(14)

Clinics without overnight facilities;

(15)

Hardware stores; and

(16)

Facilities for assembling computer software products.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

All uses not specifically permitted under section 107-117 and section 107-118 are prohibited, including, but not limited to, the following:

(1)

Accessory and temporary buildings;

(2)

The manufacture of any product for sale;

(3)

Activities involving the conduct of major automobile repairs, body repair or painting, welding, storage of dismantled or nonoperational vehicles, sale of used automobile parts, or the sale or rental of new or used motor vehicles;

(4)

The use of parking lots or front yards for the display, sale, or storage of merchandise, motor vehicles, equipment, containers, or waste material;

(5)

The wholesale processing of food;

(6)

Activities which create odors, excessive light, electronic interference, smoke, dust, dirt, noise, fumes, glare, vibration, the presence of vermin or rodents, or other undesirable or hazardous conditions;

(7)

Kennel services;

(8)

The repair, sale, resale, manufacture, refurbishment, or storage of boats, trailers, mobile homes, or recreational or sport vehicles;

(9)

Laundries or dry cleaning plants;

(10)

Music studios;

(11)

Monument sales or funeral homes and related services;

(12)

Warehouses or the rental of storage space for personal or commercial property;

(13)

Junkyards;

(14)

Painting sales or service, except to the extent incidental to an otherwise permissible use;

(15)

Assisted living, retirement, nursing home, or convalescent services or facilities;

(16)

Tire retread facilities;

(17)

Sexually oriented businesses, including, but not limited to, modeling studios and dating or escort services businesses;

(18)

Hotel and motel; and

(19)

Dwelling uses or subdivision sales offices.

(b)

Retail establishments, other than restaurants, may not be open to the public between the hours of 10:00 p.m. and 7:00 a.m. the following day. These restrictions do not apply to automated retail services, including, but not limited to, automated teller machines and gasoline pumps. Restaurants will be subject to hours of operation as set forth in the special use permit.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

The regulations set forth in this division shall apply to all land, buildings and structures in a governmental and institutional district.

(Code 1987, ch. 11, subch. G, art. IX, § 1; Code 1995, § 14.02.451)

This district is intended to provide appropriate areas for uses that provide important community services. An appropriate site should contain adequate space for required off-street parking and buffering.

(Code 1987, ch. 11, subch. G, art. IX, § 2; Code 1995, § 14.02.452)

No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered except for one or more of the following uses:

(1)

Uses permitted in a residential district;

(2)

Churches;

(3)

Facilities owned and operated by the federal government, the state or political subdivisions thereof;

(4)

Fire stations; and

(5)

Accessory uses customarily incidental to any of the foregoing.

(Code 1987, ch. 11, subch. G, art. IX, § 3; Code 1995, § 14.02.453)

Special uses permitted in the governmental and institutional zoning district (GI) include the following:

(1)

Schools;

(2)

Child day care facilities;

(3)

Uses required by public utilities; and

(4)

Special uses permitted in a residential district upon authorization of the city council.

(Code 1987, ch. 11, subch. G, art. IX, § 4; Code 1995, § 14.02.454)

No building or structure shall be more than two stories in height, except that in no event shall the height of the building or structure exceed 35 feet.

(Code 1987, ch. 11, subch. G, art. IX, § 5; Code 1995, § 14.02.455)

Each lot shall be at least 15,000 square feet in area.

(Code 1987, ch. 11, subch. G, art. IX, § 6; Code 1995, § 14.02.456)

(a)

At least 80 percent of the exterior surface of each building shall be constructed of glass and masonry.

(b)

The percentage of glass used on the exterior of any building shall not exceed 40 percent.

(c)

The use of mirrored glass on the exterior surface of any building is prohibited.

(Code 1987, ch. 11, subch. G, art. IX, § 7; Code 1995, § 14.02.457)

(a)

No building may be located closer than 30 feet from the front lot line nor closer than 30 feet from the rear lot line.

(b)

The side setback required on each lot shall have a minimum width of:

(1)

Ten feet, when the lot abuts to another lot;

(2)

30 feet, when the lot borders a street; or

(3)

20 feet, when two lots extend the length of a block and have abutting rear lot lines.

(c)

If there is a question as to which lot line is the front lot line, the building official will designate the front lot line.

(Code 1987, ch. 11, subch. G, art. IX, § 8; Code 1995, § 14.02.458)

Each lot in a governmental and institutional district which abuts a lot in a residential district shall be developed in compliance with the following requirements:

(1)

A 30-foot greenbelt zone, measured horizontally, shall be provided between the boundary line of the residential district and the impervious cover, including parking and buildings, on the lot location in the governmental and institutional district. The 30-foot greenbelt shall be left in its undisturbed natural state or shall be landscaped as required by the city council.

(2)

In areas where terrain and other features do not provide a visual screen between a lot in a governmental and institutional district and an abutting lot in a residential district, screening shall be provided by a cedar or redwood privacy fence at least eight feet in height, with its smooth side facing the residential lot. If the building official determines that the privacy afforded by such fencing does not meet the minimum reasonable expectations of a typical residential occupant, he may then require, in addition to the privacy fencing, that landscaping be planted and maintained in accordance with specifications prescribed by the city council.

(3)

No fences or landscaping required under this section shall be installed without prior approval of the plans by the city council, and the installation shall be in compliance with such approval and with all other applicable requirements of the city.

(4)

No building shall be constructed with windows, porches or other features which provide a view from the building into a dwelling located on an abutting lot.

(5)

Any lighting to illuminate parking lots, buildings or other structures shall not exceed the height of such buildings or structures, and shall be installed in a manner which directs or shields the light away from nearby dwellings.

(Code 1987, ch. 11, subch. G, art. IX, § 9; Code 1995, § 14.02.459)

(a)

Off-street parking shall be provided in the ratio of not less than one parking space for each 200 square feet of gross floor area in the particular building.

(b)

Required parking spaces shall be located on the same lot as the building for which the parking spaces are required or within 300 feet of such building. Where required parking spaces are located at a place other than the lot on which the building to which the space pertains is located, there must be a valid, binding written commitment that such property shall be used to fulfill the parking requirement in a form acceptable to the city council. Such commitment shall be made enforceable by the city council.

(Code 1987, ch. 11, subch. G, art. IX, § 10; Code 1995, § 14.02.460)

(a)

Impervious cover shall not exceed 50 percent of the total area of any lot in a governmental and institutional district.

(b)

Grass-crete set in sand shall be deemed to be 50 percent impervious cover; paving stones, ungrouted, set in sand, are deemed to be 75 percent impervious cover. Revisions to these materials and other materials and applications may be reviewed by the city council and their appropriate impervious cover assigned by the city council. An approved and current list of such revisions shall be on file with the city.

(Code 1987, ch. 11, subch. G, art. IX, § 11; Code 1995, § 14.02.461)

Each application for approval of development plans for multiple commercial buildings shall include the following information:

(1)

Date, scale, north point, title, name of the owner of the property and the name of the person preparing the plans;

(2)

A legal description of the lot, including a deed reference, a plat reference and, where applicable, a metes and bounds description;

(3)

The centerlines of existing watercourses;

(4)

The location and type of proposed drainage systems, detention ponds and filtration ponds;

a.

Drainage plan. The development drainage plan will ensure that for the two-, ten-, 25-, and 100-year frequency storm events, the stormwater runoff peak flow rates shall not be increased above the pre-developed condition and shall not cause increased inundation of any building or roadway surface. The drainage plan shall include, as a minimum: determination of stormwater flows will be according to the drainage criteria manual.

b.

A topographical survey of the site on two-foot vertical contours showing the centerlines of existing watercourses;

c.

A comprehensive grading plan shall be included with the development plan.

1.

The grading plan shall be designed to ensure all lots will adequately drain upon completion of the development improvements.

2.

The engineer will set the elevation of lot corners in conjunction with preparation of the drainage plan. Lot corner elevations shall be shown on the grading plan.

3.

All lots shall be graded from rear to front at which point the drainage shall be intercepted by the street. Alternate grading schemes may be utilized if it can be demonstrated by generally accepted engineering practices that grading from rear to front would be detrimental to trees or other natural features; or it would be prohibitive according to generally accepted engineering practice because of the existing topography because of excessive cuts and fills, or future lot development (i.e., commercial, industrial or multifamily lots).

4.

All lots shall be graded at a minimum of one percent. Grading of lots with existing slopes of one percent or greater will not be required provided the conditions under subsection (4)c.3 of this section have been satisfied and it is demonstrated by generally accepted engineering practice that there are no existing or proposed features that will prevent the lots from adequately draining.

5.

Unless otherwise demonstrated by generally accepted engineering practice, surface swales shall be designed and provided along lot lines when more than two lots will be contributing to stormwater runoff at any given point. Side slopes for swales shall not exceed 3:1 (horizontal: vertical) unless otherwise accepted by the city engineer.

6.

Minimum finished floor slab elevations shall be shown for all lots. Such elevations shall be a minimum of two feet above the ultimate 100-year floodplain.

7.

Fills shall be placed in maximum 12-inch lifts and adequately compacted. The permit applicant shall be responsible for determining any special fill requirements.

8.

Following final grading, all exposed areas shall be permanently stabilized. Earthen areas shall be seeded or sodded and erosion controls shall remain in place until grass growth reaches 1½ inches and is of a density where it can be reasonably expected to be self-sustaining and there are no bare areas in excess of ten square feet.

(5)

Erosion control. Brush berms, silt fences, sedimentation basins, stabilized construction entrances/exits and similar recognized techniques shall be employed during and after construction to prevent point source sedimentation loading of downstream facilities. Such installations shall be in accordance with the approved engineered erosion control plan required by the approved development plan. Additional measures may be required during and after construction if, in the opinion of the city engineer, they are warranted. All disturbed and exposed areas due to construction shall be permanently stabilized. All such areas shall be dressed with topsoil and vegetated by seeding or sodding as appropriate. Where the city engineer determines that future maintenance is materially impaired or erosion is a distinct possibility, the developer shall be required to use concrete or similar permanent cover in lieu of vegetation. Erosion control matting (either pre-seeded or seeded after placement) may also be required if the city engineer determines that such protection of slopes is required to ensure that seeding or soil will not wash off of slopes.

(Code 1987, ch. 11, subch. G, art. IX, § 12; Code 1995, § 14.02.462)

The regulations set forth in this division shall apply to all land, buildings and structures in a park district.

(Code 1987, ch. 11, subch. G, art. X, § 1; Code 1995, § 14.02.511)

This district is intended to provide areas for community parks and recreational areas.

(Code 1987, ch. 11, subch. G, art. X, § 2; Code 1995, § 14.02.512)

No land, building or structure shall be used, and no building or structure shall be hereafter constructed or altered except for one or more of the following uses:

(1)

Athletic fields and sports facilities such as baseball, football and soccer fields and other sports-related facilities;

(2)

Picnic areas;

(3)

Playgrounds;

(4)

Recreational centers;

(5)

Swimming pools; and

(6)

Accessory uses customarily incidental to any of the foregoing permitted uses.

(Code 1987, ch. 11, subch. G, art. X, § 3; Code 1995, § 14.02.513)

Subject to city council approval, the following special uses may be permitted in a park district:

(1)

Concession stands;

(2)

Special events; and

(3)

Other special uses permitted upon approval of the city council.

(Code 1987, ch. 11, subch. G, art. X, § 4; Code 1995, § 14.02.514)

No building or structure shall be more than two stories in height, except that in no event shall the height of any building exceed 30 feet.

(Code 1987, ch. 11, subch. G, art. X, § 5; Code 1995, § 14.02.515)

Each lot shall be at least 15,000 square feet in area.

(Code 1987, ch. 11, subch. G, art. X, § 6; Code 1995, § 14.02.516)

(a)

At least 80 percent of the exterior surface of each building shall be constructed of glass and masonry.

(b)

The percentage of glass used on the exterior of any building shall not exceed 40 percent.

(c)

The use of mirrored glass on the exterior surface of any building is prohibited.

(Code 1987, ch. 11, subch. G, art. X, § 7; Code 1995, § 14.02.517)

(a)

No building may be located closer than 30 feet from the front lot line nor closer than 30 feet from the rear lot line.

(b)

The side setback required on each lot shall have a minimum width of:

(1)

Ten feet, when the lot abuts another lot;

(2)

Thirty feet, when the lot borders a street; or

(3)

Twenty feet, when two lots extend the length of one block and have abutting rear lot lines.

(c)

If there is a question as to which lot line is the front lot line, the building official shall designate the front lot line.

(Code 1987, ch. 11, subch. G, art. X, § 8; Code 1995, § 14.02.518)

Each lot in a park district which abuts a lot in a residential district shall be developed in compliance with the following requirements:

(1)

A 30-foot greenbelt zone, measured horizontally, shall be provided between the line of the residential zone and the impervious cover, including parking and buildings, on the lot located in the park district. The 30-foot greenbelt shall be left in its undisturbed natural state or shall be landscaped as required by the city council.

(2)

In areas where terrain and other features do not provide a visual screen between a lot in a park district and an abutting lot in a residential district, screening shall be provided by a cedar or redwood privacy fence at least eight feet in height, with its smooth side facing the residential lot. If the building official determines that the privacy afforded by such fencing does not meet the minimum reasonable expectations of a typical residential occupant, he may then require, in addition to the privacy fencing, that landscaping be planted and maintained in accordance with specifications prescribed by the city council.

(3)

No fences or landscaping required under this section shall be installed without prior approval of the plans by the city council, and the installation shall be in compliance with such approval and with all other applicable requirements of the city.

(4)

No building shall be constructed with windows, porches or other features which provide a view from the building into a dwelling located on an abutting lot.

(5)

Any lighting to illuminate parking lots, buildings or other structures shall not exceed the height of such buildings, and shall be installed in a manner which directs or shields the light away from nearby dwellings.

(Code 1987, ch. 11, subch. G, art. X, § 9; Code 1995, § 14.02.519)

(a)

Off-street parking shall be provided in the ratio of not less than one parking space for each 200 square feet of gross floor area in the particular building.

(b)

No athletic fields shall be constructed or expanded without prior approval of the off-street parking plans by the city council, and the construction shall be in compliance with such approval and with all other applicable requirements of the city.

(c)

Required parking spaces shall be located on the same lot as the building for which the parking spaces are required or within 300 feet of such building. Where required parking spaces are located at a place other than the lot on which the building to which the space pertains is located, there must be a valid, binding written commitment that such property shall be used to fulfill the parking requirement in a form acceptable to the city council. Such commitment shall be made enforceable by the city council.

(Code 1987, ch. 11, subch. G, art. X, § 10; Code 1995, § 14.02.520)

(a)

Impervious cover shall not exceed 50 percent of the total area of any lot in a park district.

(b)

Grass-crete set in sand shall be deemed to be 50 percent impervious cover; paving stones, ungrouted, set in sand, are deemed to be 75 percent impervious cover. Revisions to these materials and other materials and applications may be reviewed by the city council and their appropriate impervious cover assigned by the city council. An approved and current list of such revisions shall be on file with the city.

(Code 1987, ch. 11, subch. G, art. X, § 11; Code 1995, § 14.02.521)

The regulations set forth in this division shall apply to land, buildings and structures located in the hospital district (H).

(Code 1987, ch. 11, subch. G, art. X-A, § 1; Code 1995, § 14.02.571)

(a)

No land, building or structure will be hereafter constructed or altered, except for one or more of the following uses:

(1)

Hospital facilities;

(2)

Offices for an accountant, architect, attorney, engineer, physician, broker, consultant, insurance agency, real estate agent, or similar professional occupation; and

(3)

Accessory structures and uses customarily incidental to the foregoing permitted uses.

(b)

For purposes of this article, the term "hospital facilities" means an establishment that offers medical or surgical services, facilities and beds for individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy, and is licensed under V.T.C.A., Health and Safety Code ch. 241 or any successor provision thereto (each as amended from time to time), provided that the facility is operated and held out to the public as a "special" or "general" hospital under V.T.C.A., Health and Safety Code ch. 241 or any successor provision thereto (as amended from time to time) and the facility contains no more than 30 inpatient beds, and no identifiable part of such facility may be devoted primarily to the diagnosis, treatment, and care for persons with mental illness or chemical dependency; provided that health services (such as emergency first aid) delivered in such facility which are required by law to be provided by a hospital licensed under V.T.C.A., Health and Safety Code ch. 241 shall not be a violation of the limitation contained in this subsection but any emergency room facility shall only be constructed, operated, and maintained in a manner that meets, but does not exceed, the minimum state of federal standards. Permitted accessory uses for a hospital facility use include clinics, ambulatory surgery centers and educational facilities and as customarily found in hospitals, general merchandise retail shops, pharmacies, cafeteria, laundry facilities and food service facilities.

(Code 1987, ch. 11, subch. G, art. X-A, § 2; Code 1995, § 14.02.572)

(a)

Except as provided in subsection (b) of this section, no building or structure shall exceed 35 feet in height, calculated in accordance with section 107-3.

(b)

A personal wireless telephone service facility for which a special use permit is issued may be up to five feet in elevation above the highest point of any building located on the same lot, if the lot has frontage on Bee Caves Road. The personal wireless telephone service facility must be located at a distance not less than 150 feet from any lot in a residential district if it:

(1)

Is freestanding and not attached to a building having an independent use; or

(2)

Has an elevation higher than the highest point of any building located on the same lot.

(Code 1995, § 14.02.573; Ord. No. 2014-05-21(E), § 5, 5-21-2014)

Each lot shall be at least five acres in area.

(Code 1987, ch. 11, subch. G, art. X-A, § 4; Code 1995, § 14.02.574)

(a)

Except as provided under subsection (b) of this section, the principal building shall be at least 40,000 square feet in area.

(b)

Separate commercial buildings of at least 800 square feet may be constructed on a lot of five acres or larger size upon approval by the city council of the development plans for the lot.

(Code 1987, ch. 11, subch. G, art. X-A, § 5; Code 1995, § 14.02.575)

(a)

Each application for approval of development plans for multiple commercial buildings shall include the following information:

(1)

Date, scale, north point, title, name of the owner of the property and the name of the person preparing the plans;

(2)

A legal description of the lot, including a deed reference, a plat reference and, where applicable, a metes and bounds description;

(3)

The centerlines of existing watercourses;

(4)

The location and type of proposed drainage systems, detention ponds and filtration ponds;

(5)

Drainage plan. The development drainage plan will ensure that for the two-, ten-, 25-, and 100-year frequency storm events, the stormwater runoff peak flow rates shall not cause increased inundation of any building or roadway surface. The drainage plan shall include, as a minimum a determination of stormwater flows which will be according to the drainage criteria manual;

(6)

A topographical survey of the site on two-foot vertical contours showing the centerlines of existing watercourses;

(7)

A comprehensive grading plan shall be included with the development plan;

a.

The grading plan shall be designed to ensure all lots will adequately drain upon completion of the development improvements.

b.

The engineer will set the elevation of lot corners in conjunction with preparation of the drainage plan. Lot corner elevations shall be shown on the grading plan.

c.

All lots shall be graded from rear to front at which point the drainage shall be intercepted by the street. Alternate grading schemes may be utilized if it can be demonstrated by generally accepted engineering practices that grading from rear to front would be detrimental to trees or other natural features; or it would be prohibitive according to generally accepted engineering practice because of the existing topography because of excessive cuts and fills, or future lot development (i.e., commercial, industrial or multifamily lots).

d.

All lots shall be graded at a minimum of one percent. Grading of lots with existing slopes of one percent or greater will not be required provided the conditions under subsection c of this section have been satisfied and it is demonstrated by generally accepted engineering practice that there are no existing or proposed features that will prevent the lots from adequately draining.

e.

Unless otherwise demonstrated by generally accepted engineering practice, surface swales shall be designed and provided along lot lines when more than two lots will be contributing to stormwater runoff at any given point. Side slopes for swales shall not exceed 3:1 (horizontal:vertical) unless otherwise accepted by the city engineer.

f.

Minimum finished floor slab elevations shall be shown for all lots. Such elevations shall be a minimum of two feet above the ultimate 100-year floodplain.

g.

Fills shall be placed in maximum 12-inch lifts and adequately compacted. The subdivider shall be responsible for determining any special fill requirements.

h.

Following final grading, all exposed areas shall be permanently stabilized. Earthen areas shall be seeded or sodded and erosion controls shall remain in place until grass growth reaches 1½ inches, is of a density where it can be reasonably expected to be self-sustaining and there are no bare areas in excess of ten square feet.

(8)

Erosion control. Brush berms, silt fences, sedimentation basins, stabilized construction entrances/exits and similar recognized techniques shall be employed during and after construction to prevent point source sedimentation loading of downstream facilities. Such installations shall be in accordance with the approved engineered erosion control plan required by the approved development plan. Additional measures may be required during and after construction if, in the opinion of the city engineer, they are warranted. All disturbed and exposed areas due to construction shall be permanently stabilized. All such areas shall be dressed with topsoil and vegetated by seeding or sodding as appropriate. Where the city engineer determines that future maintenance is materially impaired or erosion is a distinct possibility, the developer shall be required to use concrete or similar permanent cover in lieu of vegetation. Erosion control matting (either pre-seeded or seeded after placement) may also be required if the city engineer determines that such protection of slopes is required to ensure that seeding or soil will not wash off of slopes;

(9)

The shape, size, location, height and floor area of all existing and proposed buildings and structures;

(10)

The location and size of existing and proposed streets, private drives, driveways and parking spaces; and

(11)

The size and location of all existing and proposed public and private utilities.

(b)

Each application for approval of development plans shall first be submitted to the commission, and shall be subject to all of the notice, hearing and other procedures provided under this article for proposed changes in zoning.

(Code 1987, ch. 11, subch. G, art. X-A, § 6; Code 1995, § 14.02.576)

(a)

Except for a personal wireless telephone facility for which a special use permit is issued at least 80 percent of the exterior surface of each building shall be constructed of glass, masonry or stucco.

(b)

The percentage of glass used on the exterior of any building shall not exceed 40 percent.

(c)

The use of mirrored glass on the exterior surface of any building is prohibited.

(Code 1995, § 14.02.577; Ord. No. 2014-05-21(E), § 6, 5-21-2014)

(a)

No building may be located closer than 20 feet from the front lot line nor closer than 30 feet from the rear lot line.

(b)

Except as otherwise set forth in section 107-275 or in section 107-269(b), there is no setback requirement with respect to side lot lines.

(c)

If there is a question as to which lot line is the front lot line, the building official shall designate the front lot line.

(Code 1995, § 14.02.578; Ord. No. 2014-05-21(E), § 7, 5-21-2014)

Any lot in a district which abuts a lot in a residential district (or other residential lots) shall be developed in accordance with the following requirements:

(1)

A ten-foot greenbelt, measured horizontally, shall be provided between the boundary line of the residential district (or other residential lots) and the impervious cover, including parking and buildings, on every lot located in the hospital district. The ten-foot greenbelt shall be left in its undisturbed natural state or shall be landscaped as required by the city council.

(2)

In areas where terrain and other features do not provide a visual screen between a lot in a hospital district and an abutting lot in a residential district (or other residential lots), screening shall be provided by a cedar or redwood privacy fence at least eight feet high, with its smooth side facing the residential lot. If the building official determines that the privacy afforded by such fencing does not meet the minimum reasonable expectations of a typical residential occupant, he may then require, in addition to the privacy fencing, that landscaping be planted and maintained in accordance with specifications prescribed by the city council.

(3)

No fences or landscaping required under this section shall be constructed without prior approval of the construction plans by the city council and the construction shall be in compliance with such approval and with all other applicable requirements of the city.

(4)

No building shall be constructed with windows, porches or other features which provide a view from the building into a dwelling located on an abutting lot.

(Code 1987, ch. 11, subch. G, art. X-A, § 9; Code 1995, § 14.02.579)

Any lighting to illuminate parking lots, buildings or other structures shall not exceed the height of such buildings or structures and shall be installed in a manner which directs or shields the light away from any residential dwellings.

(Code 1987, ch. 11, subch. G, art. X-A, § 10; Code 1995, § 14.02.580)

(a)

Except as otherwise provided in section 107-317, off-street parking for:

(1)

Hospital facilities shall be provided in the ratio of not less than:

a.

Two parking spaces for each bed within a particular hospital facilities building; plus

b.

One parking space for each 250 square feet of gross floor area within any portion of a hospital facilities building constituting office space (including medical offices and examining rooms applicable to a particular medical office, if any) but excluding administrative areas directly supporting hospital patient care.

(2)

All uses permitted in an H district other than hospital facilities shall be provided in the ratio of not less than one parking space for each 250 square feet of gross floor area in the particular building.

(b)

Required parking spaces shall be located on the same lot as the building for which the parking spaces are required or within 300 feet of such building. Where required parking spaces are located at a place other than the lot on which the building to which the space pertains is located, there must be valid, binding written commitment that such property shall be used to fulfill the parking requirement in a form acceptable to the city council. Such commitment shall be made enforceable by the city council.

(Code 1987, ch. 11, subch. G, art. X-A, § 11; Code 1995, § 14.02.581)

Except as otherwise provided under this article, signs shall be governed by the regulations of the city sign ordinance.

(Code 1987, ch. 11, subch. G, art. X-A, § 12; Code 1995, § 14.02.582)

Each permitted use shall:

(1)

Except for a personal wireless telephone facility for which a special use permit is issued, be conducted wholly within an enclosed building appropriate to such use;

(2)

Provide the temporary storage of solid waste in an unobtrusive manner approved by the building official; and

(3)

Provide for the temporary storage and disposal of biomedical waste and other hazardous waste in accordance with applicable laws and in an unobtrusive manner approved by the building official.

(Code 1995, § 14.02.583; Ord. No. 2014-05-21(E), § 8, 5-21-2014)

The following are specifically prohibited:

(1)

Accessory or temporary buildings;

(2)

The manufacture of any product for sale;

(3)

The use of parking lots or front yards for the display, sale or storage of merchandise, motor vehicles, equipment, containers or waste material;

(4)

The wholesale processing of food;

(5)

Activities which create odors, excessive light, electronic interference, smoke, dust, dirt, noise, fumes, glare, vibration, the presence of vermin or rodents, or other undesirable or hazardous conditions; or

(6)

The display, sale or advertisement of any product that adversely affects the health, safety, or general welfare of the city.

(Code 1987, ch. 11, subch. G, art. X-A, § 14; Code 1995, § 14.02.584)

(a)

Impervious cover shall not exceed 60 percent of the total area of any lot in a hospital district.

(b)

Grass-crete set in sand shall be deemed to be 50 percent impervious cover; paving stones, ungrouted, set in sand, are deemed to be 75 percent impervious cover. Revisions to these materials and other materials and applications may be reviewed by the city council and their appropriate impervious cover assigned by the council. An approved and current list of such revisions shall be on file with the city.

(Code 1987, ch. 11, subch. G, art. X-A, § 15; Code 1995, § 14.02.585)

On lots with frontage on Bee Caves Road, a personal wireless telephone service facility is permitted as a special use.

(Code 1995, § 14.02.586; Ord. No. 2014-05-21(E), § 9, 5-21-2014)

A planned unit development (PUD) is a permitted use within the C district, the purpose of which is to encourage planned developments as a means of creating a superior community environment through unified planning and building operations; to provide adequate community facilities well located with respect to needs; to protect the natural beauty of the landscape; to encourage the preservation and more efficient use of open space; and to offer an opportunity for greater flexibility and, consequently, more creative and imaginative design for the development of the city than is generally possible under the zoning regulations established elsewhere in this article.

(Code 1987, ch. 11, subch. G, art. XI, § 1; Code 1995, § 14.02.641; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Regulations that apply in a C district shall apply to planned unit developments except as otherwise provided in this division.

(Code 1987, ch. 11, subch. G, art. XI, § 2; Code 1995, § 14.02.642; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

A PUD shall be at least five acres in area.

(Code 1987, ch. 11, subch. G, art. XI, § 3; Code 1995, § 14.02.643)

Except for uses permitted in a residential district, all uses permitted in a C district shall be permitted in a PUD, and all special uses permitted in a C district, subject to the procedures for application and approval, and any restrictions provided therefor, shall be permitted in a PUD.

(Code 1995, § 14.02.644; Ord. No. 2014-05-21(E), § 10, 5-21-2014; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Areas within a building designated as storage or warehouse areas shall have parking spaces allocated in a ratio of one parking space for each 1,000 feet of storage or warehouse area.

(Code 1987, ch. 11, subch. G, art. XI, § 5; Code 1995, § 14.02.645; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

Each building or structure (other than a personal wireless telephone facility for which a special permit is issued) shall be at least 1,600 square feet in area.

(Code 1995, § 14.02.646; Ord. No. 2014-05-21(E), § 11, 5-21-2014)

(a)

An application for creation of a PUD shall be processed according to the same procedures provided under this article for proposed changes in zoning.

(b)

In addition to all other requirements of this article relative to applications for zoning changes, any person requesting creation of a PUD shall submit a development plan which shows the following:

(1)

Date, scale, north point, title, name of the owners of the property encompassed within the PUD and the name of the person preparing the plan;

(2)

A legal description of the property encompassed within the PUD including a deed reference, a plat reference, and where applicable, a metes and bounds description;

(3)

A description of the proposed development of property encompassed within the district;

(4)

Delineation of existing and proposed uses within the PUD and delineation of the lines of existing and proposed lots;

(5)

The location and size of existing and proposed streets, private drives, driveways and parking places;

(6)

The shape, size, location, height and floor area of all existing and proposed buildings, structures and other land facilities;

(7)

The centerlines of all existing watercourses and the location, types, and sizes of existing and proposed drainage facilities;

(8)

Drainage plan. The development drainage plan will ensure that for the two-, ten-, 25-, and 100-year frequency storm events, the stormwater runoff peak flow rates shall not be increased above the pre-developed condition and shall not cause increased inundation of any building or roadway surface. The drainage plan shall include, as a minimum, determination of stormwater flows will be according to the drainage criteria manual;

(9)

A topographical survey of the site on two-foot vertical contours showing the centerlines of existing watercourses;

(10)

A comprehensive grading plan shall be included with the development plan.

a.

The grading plan shall be designed to ensure all lots will adequately drain upon completion of the development improvements.

b.

The engineer will set the elevation of lot corners in conjunction with preparation of the drainage plan. Lot corner elevations shall be shown on the grading plan.

c.

All lots shall be graded from rear to front at which point the drainage shall be intercepted by the street. Alternate grading schemes may be utilized if it can be demonstrated by generally accepted engineering practices that grading from rear to front would be detrimental to trees or other natural features; or it would be prohibitive according to generally accepted engineering practice because of the existing topography because of excessive cuts and fills, or future lot development (i.e., commercial, industrial or multifamily lots).

d.

All lots shall be graded at a minimum of one percent. Grading of lots with existing slopes of one percent or greater will not be required provided the conditions under subsection c of this section have been satisfied and it is demonstrated by generally accepted engineering practice that there are no existing or proposed features that will prevent the lots from adequately draining.

e.

Unless demonstrated by generally accepted engineering practice, surface swales shall be designed and provided along lot lines when more than two lots will be contributing to stormwater runoff at any given point. Side slopes for swales shall not exceed 3:1 (horizontal:vertical) unless otherwise accepted by the city engineer.

f.

Minimum finished floor slab elevations shall be shown for all lots. Such elevations shall be a minimum of two feet above the ultimate 100-year floodplain.

g.

Fills shall be placed in maximum 12-inch lifts and adequately compacted. The permit applicant shall be responsible for determining any special fill requirements,

h.

Following final grading, all exposed areas shall be permanently stabilized. Earthen areas shall be seeded or sodded and erosion controls shall remain in place until grass growth reaches 1½ inches, is of a density where it can be reasonably expected to be self-sustaining and there are no bare areas in excess of ten square feet.

(11)

Erosion control. Brush berms, silt fences, sedimentation basins, stabilized construction entrances/exits and similar recognized techniques shall be employed during and after construction to prevent point source sedimentation loading of downstream facilities. Such installations shall be in accordance with the approved engineered erosion control plan required by the approved development plan. Additional measures may be required during and after construction if, in the opinion of the city engineer, they are warranted. All disturbed and exposed areas due to construction shall be permanently stabilized. All such areas shall be dressed with topsoil and vegetated by seeding or sodding as appropriate. Where the city engineer determines that future maintenance is materially impaired or erosion is a distinct possibility, the developer shall be required to use concrete or similar permanent cover in lieu of vegetation. Erosion control matting (either pre-seeded or seeded after placement) may also be required if the city engineer determines that such protection of slopes is required to ensure that seeding or soil will not wash off of slopes;

(12)

Delineation of all areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings and other public and semipublic uses;

(13)

The size and location of all existing and proposed public and private utilities;

(14)

Delineation of all areas reserved for off-street parking and off-street loading, the location and size of points of ingress and egress, and the ratio of parking space to floor space;

(15)

A representation of the general use and character of all property located within 200 feet of the boundaries of the PUD; and

(16)

A copy of all covenants, grants, easements, or other restrictions which govern, or will govern, the use, maintenance and continued protection of the PUD and any common open space therein.

(Code 1987, ch. 11, subch. G, art. XI, § 7; Code 1995, § 14.02.647)

(a)

In evaluating a development plan for a proposed PUD, the commission shall consider the following:

(1)

Whether the plan includes buffer zones, protective areas and other features necessary to prevent detriment to any adjoining properties not in the PUD;

(2)

Whether the provisions of the plan relative to yard spaces, height of structures, distances between structures, usable open space, off-street parking and other matters will overload utilities and generate more traffic than streets in the vicinity can carry without congestion;

(3)

Whether the combination of different building and structure types or the variety of land uses in the PUD will complement each other and harmonize with existing and proposed land uses in the vicinity; and

(4)

Whether the overall nature and character of the proposed PUD conforms to the needs and characteristics of the city.

(b)

Following the public hearing on a proposed PUD, the commission shall either:

(1)

Recommend approval of the plan as submitted;

(2)

Recommend approval of the plan subject to specified conditions not included in the plan as submitted or modified; or

(3)

Recommend disapproval of the plan.

(Code 1987, ch. 11, subch. G, art. XI, § 8; Code 1995, § 14.02.648)

(a)

The city council, after considering the recommendation of the commission, may authorize the creation of the proposed PUD.

(b)

In the ordinance creating the PUD, the city council may specify maximum height, floor area ratio, density, minimum off-street parking and loading standards, and other standards appropriate for the PUD, and may establish requirements with respect to lots, signs, building spacing, site coverage, access, screening walls or landscaping, building area, open space, pedestrian ways, streets and other matters.

(Code 1987, ch. 11, subch. G, art. XI, § 9; Code 1995, § 14.02.649)

In carrying out the development of a PUD, all conditions imposed by the city council shall be complied with and such conditions as are specified for the development of a PUD shall not be construed as conditions precedent to the approval of the change, but shall be construed as conditions precedent to the granting of building permits and certificates of occupancy.

(Code 1987, ch. 11, subch. G, art. XI, § 10; Code 1995, § 14.02.650)

Attached as appendix 1 to the ordinance from which this article is derived are:

(1)

The PUD agreement and restrictive covenant (the "Towne Centre PUD"); and

(2)

The first amendment to PUD agreement and restrictive covenant (the "first amendment"), and the second amendment to PUD agreement and restrictive covenant (the "second amendment") which provide for the zoning regulations, restrictions, and requirements applicable to the real property described therein and known as the Towne Centre Planned Unit Development. Each of the first and second amendments shall control over any inconsistent provision of the Towne Centre Planned Unit Development.

(Code 1995, § 14.02.651; Ord. No. 2018-04-05, 4-5-2018)

(a)

This subdivision is applicable to every lot in the city zoned for a use other than residential district (R) or commercial district (C), including a planned unit development, with respect to which a building permit for any new structure or enlargement of any existing structure is issued.

(b)

Any excavation, grading, or site clearance of a lot that involves the removal of vegetation from the city's right-of-way is prohibited without prior written approval of the city building official. Damaged, destroyed, or removed trees having a height of 11 feet or more shall be restored.

(c)

Twenty percent of the total area of each lot shall be devoted to landscaped open space, with one tree being required for each 2,000 square feet of area, or fraction thereof, of each lot. Each required tree shall be at least 12 feet high when planted and shall be maintained in a healthy condition. Said trees shall not be pruned except either to remove dead wood, or to prevent growth or to remove existing growth lower than 15 feet above the ground. Existing trees having a height of at least 11 feet may be counted as required trees, provided that the ground beneath the canopy remains unimproved. Any species of tree which does not normally grow to a height of 15 feet in the city, as determined by the city arborist or other competent person designated by the city administrator, shall not qualify as a required tree under this section. Any required buffer areas or trees required to be planted by this chapter shall be counted toward satisfying this requirement.

(d)

When off-street parking for ten or more vehicles is provided, there shall be landscaped open space within the perimeter of the parking area or areas, in the minimum amount of 18 square feet for each parking space. Said landscaped open space need not be contiguous, but there shall be at least one tree in each separate area. Said trees shall be included in computing the number of trees required in subsection (b) of this section.

(e)

All required tree plantings shall be installed prior to the occupancy or use of property. Where compliance is not practicable due to the season of the year, the building official may grant a temporary certificate of occupancy providing an appropriate delay period in the installation of the required plantings. Any temporary certificate of occupancy may be revoked, after 30 days' written notice to the occupant and the owner of the affected property, if tree plantings are not undertaken as required under this article.

(f)

All landscaping and buffering required by this section must be maintained by the property owner. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance with standards and criteria of this section, notice by the city may be issued to the owner, citing the violation and imposing a fine pending compliance with this section.

(g)

A lot to which this section applies that is adjacent to a public street or right-of-way or that is adjacent to a residential property line shall have a landscaped greenbelt at least 20 feet in width measured from the property line parallel with and adjacent to each such street, right-of-way or residential property line. An exception may be approved by the city council for the location of a driveway in such required landscaped greenbelt if the city council finds that special traffic conditions affect the property, and that the interest of safety of the driving public and pedestrians would better be protected by the location of a driveway.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

This section applies to all zoning districts other than residential district (R).

(b)

Within a floodplain or special flood hazard area as identified by the Federal Emergency Management Agency, the removal of native vegetation is prohibited.

(c)

This section does not prohibit:

(1)

Trimming or other ordinary maintenance of vegetation;

(2)

Removing dangerous, diseased, damaged, dead, or dying vegetation; or

(3)

Removing, trimming, or maintaining vegetation as necessary to protect public health and safety.

(d)

An offense shall constitute a Class C misdemeanor punishable by a fine not to exceed $1,000.00. An offense committed intentionally, knowingly, recklessly, or with criminal negligence shall be punishable by a fine not to exceed $2,000.00 per offense. Each tree damaged or removed in violation of this division shall constitute a separate offense. Each day a violation continues shall constitute a separate offense.

(e)

The city arborist, city council, or other duly authorized city official may issue a stop work order in connection with site clearing, site preparation, or any permitted development of the property upon the occurrence of any other violation of this subdivision. It shall be unlawful for any person to do any work on the site covered by the stop work order unless and until a new permit, application, or site plan has been filed and processed in accordance with the provisions of this chapter and the city council has granted approval to a new permit, application, or site plan which corrects the violations covered in the stop work order.

(f)

Injunction and other remedies. Any vegetation removal or other work done contrary to any of the provisions of this section is hereby declared to be unlawful and shall constitute a violation of this section. The city council may direct the city attorney to initiate injunction, mandamus, abatement or any other action available in law or equity to prevent, enjoin, abate or correct unlawful tree removal or other work.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

The tree code regulations protect the health, safety, and general welfare of the citizens of the city. In doing so, the appearance of the city is enhanced and important ecological, cultural, and economic resources are protected for the benefit of the city's residents, businesses, and visitors.

(b)

Because the city experiences frequent drought conditions, these regulations are also intended to encourage low water demanding landscapes (Xeriscapes) through the use of native and adapted low water use plants from the Austin Grow Green Guide found on the City of Austin Website. The planting of turfgrass on less than 50 percent of the total landscaped areas, with that turf grass preferably having summer dormancy capabilities such as Buffalo grass, Zoysia grass, or non-seeding varieties of Bermuda grass is also encouraged.

(c)

It is the intent of these regulations that site plan and project design will preserve the existing natural character of the landscape and the retention of protected trees as much as possible.

(d)

The sections within this subdivision address trees in both development and non-development situations and seek to enhance the quality of the tree canopy and optimize the benefits that trees provide.

(e)

For development situations, additional requirements to this subdivision are designated in [section] 107-376.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

This subdivision applies to property in the residential zoning district and to any other property to which section 107-341 of this Code does not apply.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

In this subdivision:

(a)

Protected species means:

(1)

Ash, Texas

(2)

Cypress, Bald

(3)

Elm, American

(4)

Elm, Cedar

(5)

Madrone, Texas

(6)

Maple, Bigtooth

(7)

All Oaks

(8)

Pecan

(9)

Walnut, Arizona

(10)

Walnut, Eastern Black

(b)

Protected tree means a tree that has a trunk with a diameter of 12 inches or more, measured four and one-half feet above ground, and is one of the protected species;

(c)

Replacement species means:

(1)

For trees planted within 20 feet of an above-ground power, cable, or telephone line:

a.

Anacacho Orchid Tree

b.

Common Tree Senna

c.

Crape Myrtle (dwarf)

d.

Desert Willow

e.

Evergreen Sumac

f.

Eve's Necklace

g.

Flameleaf Sumac

h.

Goldenball Leadtree

i.

Mexican Buckeye

j.

Mexican Plum

k.

Possumhaw Holly

l.

Rough Leaf Dogwood

m.

Texas Mountain Laurel

n.

Texas Persimmon

o.

Texas Pistache

p.

Texas Redbud

q.

Wax Myrtle

r.

Yaupon Holly

s.

Cherry Laurel

(2)

For all other trees planted within a property, a protected species.

(d)

Replacement tree means:

(1)

For the replacement species listed in subsection (c)(l), a tree at least eight feet high when planted, which shall be maintained in a healthy condition after planting;

(2)

For the replacement species listed in subsection (c)(2), a tree with a diameter equal to not less than one-fourth the diameter of the protected tree it replaces up to a maximum diameter of five inches, which shall be maintained in a healthy condition after planting. The diameter of protected and replacement trees shall be measured four and one-half feet above the ground when planted.

(e)

Heritage tree means a protected tree of a protected species, having a diameter of 24 inches or more, measured 4½ feet above natural grade. To determine the diameter of a multi-trunk tree, measure all the trunks; add the total diameter of the largest trunk to ½ the diameter of each additional trunk. A multi-trunk tree having a total diameter of 24 inches is a heritage tree.

(f)

Critical root zone ("CRZ") means the area around and under a tree having a radius of one foot per inch of diameter from the trunk of the tree outwards and 24 inches in depth. For example, for a tree having a ten-inch diameter, the critical root zone is ten feet out from the trunk and 24 inches deep.

(g)

Removal means an intentional act that causes or may be reasonably expected to cause a tree to die, including:

(1)

Uprooting;

(2)

Severing the main trunk;

(3)

Damaging the root system, including, but not limited to:

a.

Adjusting the grading of a lot to cover or uncover a tree trunk or root system to the extent that the adjusted grading causes or may be reasonably expected to cause the tree to die; or

b.

Placing fixtures over the root system to the extent that the placement of the fixtures causes or may be reasonable expected to cause the tree to die.

(4)

Construction or disturbance that occurs within an area that constitutes more than 50 percent of the total Critical root zone ("CRZ") and ½ the radial distance of the CRZ for each tree being preserved, including protected trees and heritage trees. However, flatwork, decking, or similar construction above ground and not disturbing roots is permitted within the CRZ, and such work shall be approved and shall not be classified as removal.

(5)

If the proposed or actual protection of the CRZ before construction, during construction, and following construction does not meet the requirements of sec 101-256, then the tree shall be considered removed and require mitigation in accordance with the terms of this subdivision.

(6)

Excessive pruning, including, but not limited to, pruning that exceeds 25 percent of the canopy of the tree.

(h)

City arborist means an ISA certified arborist as designated by the city.

(i)

Mitigation means such remedies as are approved by the city development officer in consultation with the city arborist.

(j)

"Building official" for the purposes of this subdivision means the city development officer.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

A city arborist shall be appointed by the city council who shall coordinate with the building official when determined necessary.

(b)

The list of eligible protected tree species under subsection 107-371(a) and the list of eligible replacement tree species under [subsection] 107-371(c) may be supplemented by approval of the city council, in consultation with the city arborist.

(c)

All protected trees and heritage trees removed from a lot shall be replaced on that lot unless a written permission is submitted to the city from an adjacent lot owner to replant on the adjacent lot. The owner(s) of such other property(s) agree in writing to maintain the replacement trees in a healthy condition and replace same with like trees, as necessary as a result of a death of such tree(s), for a period of not less than three years.

(d)

The city council shall provide for fees payable for review of applications for permits and variances pursuant to this division.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

A person may not remove a protected tree without a tree removal permit for the removal and compliance with the terms of this subdivision.

(1)

During removal of protected trees the tree removal permit shall be displayed on the construction board for the site or otherwise displayed on a sign within the first five feet of the front yard.

(2)

Removal of a heritage tree in a required yard is prohibited unless a heritage tree removal special exception is granted by the board of adjustment upon a finding that: (i) reasonable efforts have been made to avoid removing the tree, (ii) the location of the tree precludes all reasonable access to the property or all reasonable use of the property, and (iii) removal of the tree is not based on a condition caused by the method or design chosen by the applicant to develop the property. A heritage tree removal special exception provided for in this code will not be required for heritage trees removed from the buildable area but such removal is subject to the tree removal permitting and replacement regulations provide for in this Code.

(b)

Emergency pruning or removal. Notwithstanding subsection 107-373(a), a person may perform emergency pruning or removal of a protected tree as follows:

(1)

Upon the report of a certified arborist hired by the property owner that a heritage tree is either: (i) dead; (ii) is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree, in whole or in part; or (iii) is diseased and restoration to sound condition is not practicable or the disease may be transmitted to other trees and endanger their health. This report must be confirmed by the city arborist. The city administrator shall have the authority to determine whether such documentation is in compliance with the requirements of this subsection and may consider specific safety situations in light of potential hazards to life or property. In the case of an imminent hazard to life or property under subsection (ii), documentation may be submitted within 72 hours after the action is taken.

(2)

In the course of performing emergency repairs to a road or water, wastewater, or drainage facilities, agents or contractors of the city may trim, prune or remove a protected tree as required to perform such work without first obtaining a tree removal permit. If such activities occur during normal business hours, the city shall first attempt to contact the building official to determine if the building official can provide immediate guidance and assistance. If such assistance is not immediately available, then the pruning or removal may occur in accordance with the requirements under chapter 18, article V of this Code.

(3)

Any person who prunes or removes a protected tree under the provisions of this subsection shall, within 14 days of such action or as soon as practicable if there is a coinciding declaration of a state of emergency in the city, apply for a tree removal permit providing for replacement trees as required by this subdivision. The application shall include photographs or other documentation to demonstrate the requisite clear and immediate danger. The building official will evaluate the information to determine whether a clear and immediate danger existed. A failure to submit an application or a failure to submit information demonstrating the clear and immediate danger shall constitute a violation of this subdivision.

(c)

The requirements of this subdivision apply to trees on public and private property. To the extent of conflict with another section of the Code, this subdivision applies.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

An applicant may request a tree removal permit application from the city through the city's application platform located on the city's website. The application shall include a survey of the lot indicating the required yards, the location of any protected tree in relation to the required yards, and diameter of the trees to be removed.

(b)

An application for removal of a protected tree located on public property, a right-of-way or a public easement may be submitted by:

(1)

An agent of the city, a public utility, or another political subdivision with the authority to install the public facilities and perform the work necessitating the removal of the protected tree; or

(2)

The owner of the property adjoining the site of the protected tree.

(c)

An application for removal of a protected tree on private property may be submitted by or on behalf of the owner of the property on which the tree is located.

(d)

An application for removal of one or more protected tree(s) must be submitted to the city secretary and approved prior to removal of the protected tree. If the application is approved as provided for in this subdivision, a permit shall be issued indicating each protected tree that is approved for removal and indicating the location(s) and size(s) of any required replacement trees and the dates by which replacement trees must be planted.

(e)

An application that proposes removal of a protected tree shall include the required permit application fee.

(f)

An application for removal of a protected tree shall include any proposal for type(s) and location(s) of replacement trees on a site plan of affected property(s).

(g)

A permit for removal of a protected tree expires two years after its effective date if the protected tree has not been removed. Subject to applicable expiration, a permit for removal of tree(s) is transferable to a subsequent owner of the affected property, provided that any obligation in the permit with respect to replacement trees is assumed by the transferee. If any building permit issued for the associated property expires or is revoked for any reason, in which case the permit for removal of a tree shall be revoked as well. If the tree has been removed, the permit will remain open until all requirements and conditions, including mitigation and maintenance of replacement trees, are satisfied.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

If a protected tree is removed from a required yard, the protected tree shall be replaced with a total of three replacement trees that must include a selection of replacement trees under subsection 107-371(a).

(b)

Each protected tree removed from an area not within a required yard shall be replaced by one replacement tree under subsection 107-371(d)(2).

(c)

For protected trees removed from within 20 feet of an above-ground power, cable, or telephone line the species selected from section 107-371 (c) (1) shall be used for replacement.

(d)

If a protected or heritage tree straddles the boundary between the yard and buildable area, it shall be considered to be within the required yard if 25 percent or more of the trunk diameter is in the required yard.

(e)

If the building official determines under subsection 107-373(b)(3) that an emergency existed at the time of removal that necessitated expedited removal or an applicant provides documentation from a certified arborist that a protected tree is diseased, dead, or poses an imminent or immediate threat to persons or property due to natural causes only and the protected tree falls under subsection 107-375(a), the city arborist may reduce the replacement tree requirement to one replacement tree under either subsection 107-371(d)(1) or subsection 107-371(d)(2).

(f)

If a protected tree is required to be removed under section 18-209, the building official may reduce or waive the replacement tree requirement for the protected tree and reduce or waive the tree replacement application fee.

(g)

The mayor may act to waive the replacement tree requirement under this subsection 107-375 for a storm event, wildfire or other calamity that causes widespread or costly damage to multiple protected trees throughout the city.

(h)

For a permit filed with an application for development of any improvements or structures, if the density of protected trees in an area described in subsection 107-375(b) is greater than seven protected trees, the number of replacement trees required under subsection 107-375(b) for a removal from such area is capped at seven replacement trees, at least three of which shall meet the requirements of subsection 107-371(d)(2).

(i)

If a protected tree has a trunk on a first property and its CRZ and/or canopy extend into a second property, the owner of the second property is required to obtain a tree removal permit for removal of the protected tree prior to performing any actions that constitute removal under subsection 107-371(g) on the second property. For purposes of determining removal under this subsection for 107-371(g), damage to the root system is assessed within the area that is a number of feet in diameter from the outer edge of the tree trunk at four and one-half feet from the ground based on a ratio of one foot for each inch of diameter of the tree trunk. If the actions by the owner of the second property as to the protected tree trigger a requirement for the owner of the first property to apply for a tree removal permit for the protected tree, the application review fee as to the protected tree on the first property is waived.

(k)

A heritage tree permitted to be removed, including a heritage Tree within the buildable area, must be replaced with one tree five inches in diameter, or more, for every 12 inches in diameter of the removed tree. For example: 24 inches = two five-inch diameter trees, 36 inches = three trees, etc. to be replaced. The replacement trees must be of a species listed in subsection 107-371(a). A special exception to these mitigation requirements may be granted by the zoning board of adjustment, if the applicant demonstrates: (1) the existing tree canopy would prohibit the growth of these replacement tree(s); or (2) the required replacement trees to be installed would have to be planted under the canopy of an existing tree.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

An application for a building permit must:

(1)

Include a tree survey and protection plan of all existing trees on the property that are at least 12 inches in diameter measured four and one-half feet above the ground. The plan must also identify the type, diameter, and species of each tree, indicate whether the tree is designated as a heritage tree, and show the CRZ for each tree

(2)

Include a grading and tree protection plan for protecting all protected trees that are not approved for removal. The protection plan submitted for these trees must include actions necessary for the best chance of survival of these protected trees, including adequate watering before, during, and after construction until a certificate of occupancy is granted.

(3)

Demonstrate that the design will preserve the existing natural character of the landscape as to any protected trees not approved for removal; and

(4)

Include a tree removal permit application with required fees for review of each proposed removal of a protected tree.

(b)

The building official may not release or renew a building permit until a tree removal permit for each protected tree proposed to be removed has been submitted. While the tree removal permit and the building permit may be processed concurrently, the tree removal permit shall not be approved prior to approval of the building permit.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

Whenever replacement trees are required by the terms of this subdivision, the owner shall submit to the building official a replacement site plan showing the locations, species and sizes of all replacement trees and vegetation for final approval by the building official. If during installation, the owner is unable to conform to the approved replacement site plan because conformance is not feasible due to subsurface conditions that could not reasonably have been foreseen that make the viability of the tree in the planned location unlikely, then the owner must submit an amended site plan to the building official within seven days of the discovery of unforeseen subsurface conditions for approval by the building official. An amended site plan must provide for no fewer replacement trees or cumulative size of replacement trees than provided in the originally approved replacement plan.

(b)

Installation of the replacement trees must be completed within the time period designated by the building official in the tree removal permit, however, in no event will the time period be longer than one year, however this time period is abated while a property is under construction where replacement trees are required.

(c)

The owner shall notify the building official upon completion of the installation. If more than one protected tree has been replaced, the city arborist may then inspect for compliance with the approved replacement plan.

(d)

All replacement trees must survive at least three years. The building official shall track all replacement trees, so that at three years post planting, their survival and health can be assessed, consulting with an arborist if necessary. The building official may contact the owner during this three-year period to arrange for a site visit in order to confirm the replacement trees have survived. Replacement trees that do not survive for three years must be removed and replaced with similar species and sized trees.

(e)

The owner of property from which the removal of one or more protected trees was permitted shall arrange for the transferee(s) of such property to submit to the city secretary a written transfer to and assumption by such transferee(s) of the permit and all obligations of such permit with respect to required replacement trees, if all such obligations have not been satisfied at the time of transfer of the property.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

It shall be an offense for a person:

(1)

To fail to perform an act required by the provisions of this subdivision;

(2)

To fail to comply with any term of a permit issued pursuant to this division, including terms regarding the planting and maintenance of required replacement trees;

(3)

To engage in an act prohibited of this subdivision or to hire, engage or permit another to engage in such act.

(4)

To transfer property from which the removal of a protected heritage tree has been permitted if all obligations with respect to replacement trees pursuant to the permit for such removal are not then fulfilled unless the transferee of the property agrees in a writing submitted to the city secretary to assume such permit and all obligations with respect to the planting and maintenance of required replacement trees;

(b)

An offense shall constitute a Class C misdemeanor punishable by a fine not to exceed $2,000.00 per offense. Each protected or heritage tree removed in violation of this division shall constitute a separate offense, and a failure to plant and maintain each replacement tree shall constitute a separate offense. Each day a violation continues shall constitute a separate offense.

(d)

The building official shall issue a stop work order in connection with any permitted development of the property from which a protected or heritage tree is removed upon the occurrence of a violation of this subdivision or any term of a permit issued pursuant to this subdivision.

(e)

No certificate of occupancy shall be issued for a building or other structure that is not then in compliance with any permit issued pursuant to this subdivision for removal of a protected tree.

(Ord. No. 2025-04-16-13, § 2, 4-16-2025)

(a)

Definitions. For purposes of this section,

(1)

A "protected tree" means a tree of a "protected species" tree as defined in part II, Land Development Code, chapter 107, division 10, subdivision 3 (sections 107-369 through 107-385) having a trunk with a diameter not less than 12 inches nor more than 24 inches, measured 4½ feet above natural grade, as measured by an arborist.

(2)

"Heritage tree" means a tree of a "protected species" as defined in part II, Land Development Code, chapter 107, division 10, subdivision 3 (sections 107-369 through 107-385) having a diameter of 24 inches or more, measured 4½ feet above natural grade, or a tree cluster, as measured by an arborist.

(3)

"Diameter at breast height" or (DBH) means the diameter of a tree at a height of 4½ feet above natural grade.

(4)

"Critical root zone" means "the area around and under a tree having a radius of one foot per inch of DBH from the trunk of the tree outwards and 24 inches in depth. For example, for a tree having a ten-inch DBH, the critical root zone is ten feet out from the trunk and 24 inches deep.

(5)

"Tree cluster" means a cluster of two or more trees of a "protected species" located less than ten feet apart having a combined total diameter of 24 inches or more.

(b)

Part II, Land Development Code, chapter 107, division 10, subdivision 3 (sections 107-369 through 107-385) addressing protection of protected trees, shall apply to any property within any zoning district other than the residential zoning district. To the extent of any conflict between part II, Land Development Code, chapter 107, division 10, subdivision 3 (sections 107-369 through 107-385) and this section, this section shall control.

(c)

In addition to the requirements of subsection (b), the following requirements for the preservation and protection of protected and heritage trees shall apply to any property, including any property within the city's rights-of-way, within any zoning district other than the residential zoning district.

(1)

Permit required. A grading plan, tree survey, and tree protection plan shall be submitted prior to any tree removal, clearing or grading, filling, or other form of site development. No tree may be removed, nor shall any clearing or grading permit, site development plan, building permit, or tree removal permit be issued until a tree survey is submitted and tree protection plan is submitted and approved.

(2)

Tree survey requirements. The tree survey shall address all requirements specified in section 107-376, development application requirements, indicate all existing, live, healthy trees with an eight-inch or larger diameter and all protected and heritage trees, and shall indicate the diameter, location, and species of each tree. Trees observed to be distressed will be indicated with an asterisk on the tree list. Trees shall be represented by circles indicating the diameter of the tree. Unbroken circles indicate trees that are to remain. Dashed circles indicate trees that are to be removed, including trees identified to be distressed. Protected trees proposed to be removed to accommodate the development shall be indicated, along with the proposed replacement trees.

(3)

Credit for preservation of existing trees. Preservation of existing protected species trees and heritage trees that are located outside the required 75-foot greenbelt may be credited toward required plantings (for example, landscape requirements, street trees, trees in parking areas) but not for required mitigation according to the following table:

*Credit factor provides tree credits per tree preserved.

Where the application of a credit factor produces a fractional number, rounding up to the next whole number of "credited" trees is permitted.

Example: Preservation of one ten-inch diameter protected species tree produces a credit equal to 1.5 trees of required planting.

(4)

Mitigation. Any protected or heritage trees that are removed as a result of approval of a tree removal permit must be mitigated by planting of a tree of the same species on the same property in the following ratios:

a.

For each protected tree removed, one new tree of a protected species having a similar mature canopy spread as the removed tree, with a DBH of at least four inches and 14 feet in height,

b.

For each heritage tree removed, three new trees of a protected species having a similar mature canopy spread as the removed tree, with a DBH of at least four inches and 14 feet in height.

An exception to the mitigation requirements may be granted by the building official, with the approval of the city arborist, if the applicant demonstrates: (1) the existing tree canopy would prohibit the growth of the replacement tree(s); or (2) the required replacement trees to be installed would be planted under the canopy of an existing tree. A permit authorizing the removal of a protected or heritage tree shall require mitigation as specified above.

(5)

Prohibition on removal of heritage trees. Removal of a heritage tree is prohibited unless a heritage tree removal special exception is granted under subsection (6) or a certified arborist confirms that the heritage tree is either: (i) dead; (ii) is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree, in whole or in part; or (iii) is diseased and restoration to sound condition is not practicable or the disease may be transmitted to other trees and endanger their health. The city administrator shall have the authority to determine whether such documentation is in order and may consider specific safety situations in light of potential hazards to life or property. In the case of an imminent hazard to life or property under subsection (ii), documentation may be submitted within 72 hours after the action is taken.

(6)

Heritage tree removal special exception. Except as provided in subsection (5), removal of a heritage tree is prohibited unless a heritage tree removal special exception is granted by the board of adjustment upon a finding that: (i) all reasonable efforts have been made to avoid removing the tree, (ii) the location of the tree precludes all reasonable access to the property or all reasonable use of the property, and (iii) removal of the tree is not based on a condition caused by the method or design chosen by the applicant to develop the property.

(7)

Limitation on removal of a protected tree. A protected tree may be removed upon the determination of the city arborist and approval of the building official if: (i) the tree is damaged by natural causes or is diseased beyond the point of recovery, (ii) the tree is in danger of falling, or (iii) the tree is dead. Any application to remove a protected tree shall be supported by certification by a certified arborist that one or more of these conditions exists and such conditions shall be reviewed by the city arborist. In addition, removal may be approved upon the grant of a special exception by the board of adjustment upon a finding that (i) all reasonable efforts have been made to avoid removing the tree, (ii) the location of the tree precludes all reasonable access to the property or all reasonable use of the property, and (iii) removal of the tree is not based on a condition caused by the method or design chosen by the applicant to develop the property.

(d)

Pre- and post-construction tree protection plan. A pre- and post-construction tree protection plan shall be submitted with the tree permit and shall include the following:

(1)

Irrigation and fertilization are required for any protected or heritage tree that will be or have been disturbed by construction activities, including disturbance of the critical root zone. Fertilizers must be phosphate-free. The tree protection plan shall describe the plan for irrigation and fertilization during the construction period until final installation of all landscaping.

(2)

The tree protection plan shall describe all measures to be taken during construction to protect any protected and heritage trees from damage during construction, including rigid fencing, shielding, and signage, as necessary. Tree protection shall include rigid fencing placed with a radius of at least ten feet from the trunk or at the critical root zone, whichever is greater, unless property lines or other features prohibit a complete radius. Rigid fencing shall consist of chain link or wood fencing not less than four feet high at the drip line of the tree. Stakes shall be no more than six feet apart and at least 1½ deep into the ground. Rigid fencing shall be at least three feet in height. Tree protection shall remain in place until final landscaping installation is approved by the city administrator or designee.

(3)

Protection of critical root zone. Construction within or impervious paving over the critical root zone of any protected or heritage tree is prohibited. A minimum of 50 percent of the critical root zone of any protected tree or heritage tree must be preserved at natural grade and with natural ground cover. No cut or fill nor any deposit or stockpiling of earthen materials in their natural state greater than four inches will be located closer to the tree trunk than one-half the CRZ radial distance. No grade changes, excavation or trenching shall be permitted within the limits of the critical root zone unless adequate construction methods are approved by the city arborist.

(4)

Parking or storing of vehicles, equipment or materials allowed within the critical root zone or any protected or heritage tree is prohibited. The plan shall designate where all construction equipment and materials will be stored outside the critical root zone.

(5)

Activities requiring approval of the city arborist shall be identified in the tree protection plan and shall be submitted for review and comment to the city arborist, along with such fees as are required by the city to cover all costs of the review process.

(e)

Violations/penalties.

(1)

It shall be an offense for a person:

a.

To fail to perform an act required by the provisions of this section;

b.

To fail to timely comply with any term of a permit issued pursuant to this section, including terms regarding the preservation of heritage trees and the planting and maintenance of required replacement trees;

c.

To hire, engage, or permit any person engaged in the business of tree planting, maintenance, or removal to perform such services on property in the city without a permit issued by the city pursuant to this Code;

d.

Except as expressly allowed pursuant to this subdivision, to remove or to cause the removal of a heritage or protected tree without first obtaining a permit therefor;

e.

To transfer property subject to obligations arising from a permit issued pursuant to this section if all obligations with respect to such permit are not then fulfilled unless the transferee of the property agrees in writing submitted to the city secretary to assume such permit and all obligations with respect to the protection of heritage trees and the planting and maintenance of required replacement trees; or

f.

To fail to submit an application for a permit as required by this section.

(2)

An offense shall constitute a Class C misdemeanor punishable by a fine not to exceed $1,000.00. An offense committed intentionally, knowingly, recklessly, or with criminal negligence shall be punishable by a fine not to exceed $2000.00 per offense. Each tree damaged or removed in violation of this division shall constitute a separate offense. A failure to plant and maintain a required replacement tree shall constitute a separate offense. Each day a violation continues shall constitute a separate offense. The owner or tenant of any building, structure, or premises and any designer, 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 subject to the penalties as provided herein.

(3)

The city arborist, city council, or other duly authorized city official may issue a stop work order in connection with site clearing, site preparation, any permitted development of the property from which a heritage tree is removed without authorization or upon the occurrence of any other violation of this subdivision or of any term of a permit issued pursuant to this subdivision. 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 for in the penalty section hereof. It shall be unlawful for any person to do any work on the site covered by the stop work order unless and until a new permit, application, or site plan has been filed and processed in accordance with the provisions of this chapter and the city council has granted approval to a new permit, application, or site plan which corrects the violations covered in the stop work order and all fees and fines have been paid.

(4)

No certificate of occupancy shall be issued for a building or other structure that is not then in compliance with any permit issued pursuant to this subdivision. No certificate of occupancy shall be issued for a building or other structure that is not then in compliance with any permit issued pursuant to this subdivision for removal of a protected tree.

(5)

Any temporary occupancy permit issued pending any completion of any required planting due to seasonal suitability of planting shall state the day by which planting shall be completed or an extension requested, and shall be revoked if the required planting is not completed or an extension granted by the stated date.

(6)

Injunction and other remedies. Any tree removal or other work done contrary to any of the provisions of this section or to any of the details contained in any final site plan approved by the city or to any of the conditions imposed in connection with the granting of any application required by this section is hereby declared to be unlawful and shall constitute a violation of this section. The city council may direct the city attorney to initiate injunction, mandamus, abatement, or any other action available in law or equity to prevent, enjoin, abate, or correct unlawful tree removal or other work.

(f)

To the extent of conflict with another section of the Code, this section controls.

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)