Volente City Zoning Code
Division 1
General Provisions
§ 9.02.001 Authority.
This article is pursuant to the police powers of the village and under the authority of the constitution and general laws of the State of Texas, including particularly chapter 211 of the Texas Local Government Code.
(Ordinance 2016-O-173, sec. 30.100, adopted 11/15/16)
§ 9.02.002 Title.
This article shall be known, and may be cited, as the zoning ordinance of the village.
(Ordinance 2016-O-173, sec. 30.101, adopted 11/15/16)
§ 9.02.003 General purpose and intent.
The primary purposes of this article are to promote the public health, safety and the general welfare of the village and its present and future residents; provide reasonable regulations and requirements to protect, preserve, improve and provide for the public health, safety and general welfare of the present and future citizens of the village; and to establish a framework of zoning guidelines and criteria which will provide for and support the development of a quality living and work environment by incorporating provisions requiring all future development and redevelopment to provide a compatible plan for residential, commercial and industrial uses, while providing reasonable protections for both the public and persons having an ownership interest in property affected by these regulations. This article should be administered and applied to result in development superior to that otherwise achievable and to promote the following purposes:
(1)
Assist the safe, orderly, healthful and coordinated development of the village;
(2)
Conserve existing and future neighborhoods;
(3)
Protect and conserve the value of real property throughout the community;
(4)
Conserve, develop, protect, and utilize natural resources, as appropriate and consistent with the public interest, to enhance the preservation of the environment;
(5)
Protect and preserve places and areas of historical and cultural importance and significance to the community;
(6)
Prevent the overcrowding of land and avoid undue concentration of population or land uses, thereby encouraging high quality development and innovative design;
(7)
Lessen congestion in the streets and provide convenient, safe and efficient circulation of vehicular and pedestrian traffic;
(8)
Facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks, emergency and recreational facilities, and other public requirements;
(9)
Promote compatible residential, commercial and industrial uses to harmoniously relate future development and redevelopment to the existing community and facilitate the development of adjoining properties;
(10)
Standardize the procedure and requirements for zoning to provide administrative efficiency and property owner rights; and
(11)
Provide the context for the appropriate reconciliation of any differences of interest among property owners, developers, neighborhoods and the village.
(Ordinance 2016-O-173, sec. 30.102, adopted 11/15/16)
§ 9.02.004 Jurisdiction and intent.
The requirements of this article shall apply to all property within the village; provide for the implementation of zoning regulations; provide a voluntary guide for uses within the extraterritorial jurisdiction in order that such property may be developed in a manner consistent with neighboring areas and existing or planned infrastructure; and be construed and applied in a manner to give effect to the village comprehensive plan. This article has been made with reasonable consideration among other things, for the character of the district and its peculiar suitability for the particular uses specified, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the village consistent with the village comprehensive plan. Nothing herein shall be construed to grant a “permanent” zoning. The intent of this article is to supplement the minimum standards for the development of land within the village as contained in the village’s subdivision ordinance and site development ordinance, and applicable construction codes. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. Such will produce a monotonous urban setting and is not encouraged.
(Ordinance 2016-O-173, sec. 30.103, adopted 11/15/16)
§ 9.02.005 Definitions.
(a) Access Accessory structure Accessory use Adjacent Adult Alcoholic beverage(s) Alcoholic beverages–off-premises Alcoholic beverages–on-premises Amortization Amusement (indoor) Amusement (outdoor) Animal(s) Annexation Apartment. Applicant Approval Average grade plane Bar Bed and breakfast Block Board Board of adjustment Boat dock Buffering Building Building footprint Building ordinance or construction code Building permit Building plot Building setback Carport Church City Clinic Commission Common area Common open space Communication or telecommunication. Community center (private) Community center (public) Comprehensive plan or master plan Conceptual site plan Conditional use Convenience store Council County Developer Development District Drive approach Driveway Dwelling (multi-family) Dwelling (single-family) Dwelling (two-family) or duplex Dwelling unit Easement Environment Extraterritorial jurisdiction (ETJ) Facility for the care of substance dependent persons Filing date Floodplain Floor area Foundation Front yard Governing body Grading Height HOA neighborhood park Home based occupation Homeowners’ association (HOA), Hotel Impervious cover Improvement(s) Loading space Lot lines Lot width Manufactured (HUD) home Marina Minimum building square feet Mobile home Motel Natural grade Nonconforming structure Nonconforming use Off-street parking Open space Park or playground Parking lot Permitted use Personal care facility Platted lot Portable storage structure Privacy fence Private club Professional office Public building Public water system Pumping plant Pumping station Rear yard Recreational vehicle (RV) Required yard Restaurant Right-of-way Safety services Screening. Setback Short-term rental (STR). Side yard Sign. Site development plan Stable Street Street line Structurally altered Structure Subdivide or the act of subdivision Variance Village Village council or council Village engineer Village limits or within the village Village official Warehouse Water storage tank Yard Zoning Zoning map
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word “shall” is always mandatory. The word “herein” means in this article. The word “regulations” means the provisions of any applicable ordinance, rule, regulation or policy. The word “person” means any human being or legal entity and includes a corporation, a partnership and an incorporated or unincorporated association. The words “used or occupied” as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied. Any definition not expressly prescribed herein shall, until defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.
means a way of approaching or entering a property.
means a subordinate building detached and used for a purpose customarily incidental to the main structure such as a private garage for automobile storage, tool house, bath house or greenhouse as a hobby, home workshop, children’s playhouse, storage house, garden shelter, garage apartment or guest house but not involving occupancy by paying tenants.
means a use that is customarily a part of the principal use, a use which is clearly incidental, subordinate and secondary to the permitted use, and which does not change the character thereof. See “Accessory structure.”
means abutting and directly connected to or bordering.
is defined as a person over the age of eighteen (18) years old.
means alcohol, or any beverage containing more than one-half of one percent (1/2 of 1%) alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
means a convenience store or similar facility which sells beer, wine or liquor for off-premises consumption.
means an establishment or facility which sells beer, wine or mixed drinks, which contain alcoholic beverages for on-premises consumption.
means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period.
means an amusement enterprise wholly enclosed in a building which is treated acoustically so that noise generated by the enterprise is not audible at the lot line.
means any amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open.
means any animate being that is not a human.
means the incorporation of land area into the village with a resulting change in the boundaries of the village.
See “Dwelling unit.”
means a person applying for zoning approval under this article.
means the final approval in a series of required actions.
means the average of the lowest point of natural grade at the foundation and the highest point of a natural grade at the foundation.
means any business establishment required to have a state license for the sale of alcoholic beverages–on-premises consumption.
means an owner and/or operator occupied dwelling unit without individual cooking facilities that is rented for overnight lodging for compensation and serves at least one meal per day, on a less than weekly basis.
means an area enclosed by streets, normally to be divided into lots to be occupied by or intended for buildings; or if the same word is used as a term of measurement, it shall mean the distance along one side of a street between the nearest two streets which intersect said street on said side.
means the board of adjustment of the village.
means a committee appointed by the council to consider variances from the regulations of the zoning ordinance pursuant to section 211.008 of the Texas Local Government Code and that is given the authority set forth in this article and in section 211.009 of the Texas Local Government Code.
means a noncommercial dock associated with a single-family residence for which no compensation is or will be received by the owner(s) of the dock for its use. This definition also includes swim platforms and piers. A floating dock located on Lake Travis that occupies more than 1,500 square feet of water surface area, excluding the square footage occupied by the gangway, shall be considered a marina facility. Any dock structure exceeding 1,500 square feet may be subject to LCRA’s Highland Lakes Marina Ordinance, as amended.
means an area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, and designed to limit views and sound from the site to adjacent properties and vice versa. See also “Screening.”
means any structure, either temporary or permanent, having a roof or other covering designed or used for the shelter or enclosure of any person, animal, or property of any kind.
means the foundation, base or support of a building or structure.
means the construction codes and related ordinances of the village providing standards, requirements and regulations for site development and the construction and erection of buildings and structures within the village, including, but not limited to, the electrical code, plumbing code, building code and minimum housing code, adopted by the council from time to time.
means a permit issued by the village which is required prior to commencing construction or reconstruction of any structure.
means the land, lot, lots or tract of land upon which a building or buildings are located, or upon which they are to be constructed, including yards.
means a line or lines designating the interior limit of the area of a lot within which the building footprint of structures may be erected. The building lines generally provide the boundaries of the buildable area of any given lot and no structure or building may be erected between a building and the corresponding lot line.
means an accessory structure with one or more sides, covered with a roof and constructed specifically for the storage of one or more motor vehicles (including watercraft), being not more than 1000 square feet. A carport is not an accessory structure if built as an integral part of the original primary structure having an indistinguishable, continuous roof structure.
means a place of worship and religious training of recognized religions including on-site housing of ministers, rabbis, priests, nuns and similar staff personnel.
means the Village of Volente, Texas.
means a public or private establishment for the examination and treatment of patients on an outpatient basis by an individual or group of doctors, opticians, veterinarians, or other similar medical professionals.
means the planning and zoning commission of the village.
means privately owned land and improvements within a development including buildings, common open space, central services and utilities, streets, walks, parking areas, fencing and screening walls, landscaping, and any other elements and facilities under common ownership and available for the use of all owners or tenants.
means that portion of the common area which is designated for outdoor recreation area, private park, play lot, plaza, athletic court, swimming pool, fountain, stream or pond, ornamental landscaping or natural vegetation offering visual amenity, and which is open to general view and conveniently accessible to pedestrians within the project.
See the village’s telecommunications ordinance.
means a recreational facility, including both indoor and outdoor facilities, for use by residents and guests of a particular residential community development, subdivision or membership group.
means a building and grounds owned or leased and operated by a governmental body for the social, recreational, health or welfare of the community served.
means the comprehensive plan of the village and adjoining areas adopted by the council, including all its revisions as defined by chapter 219 [chapter 213] of the Texas Local Government Code. The plan may indicate the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water and sewer facilities. Such plan is the overall development plan for the village adopted to provide long-range development policies and may include all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. The comprehensive plan or master plan does not constitute zoning regulations or establish district boundaries.
means a scaled drawing representing an area of land to be improved/developed and indicating the legal boundary, setbacks, impervious cover, easements and floodplain of said property and the nature and extent of all existing and proposed improvements to said project.
means a use which may be permitted in a district, subject to meeting certain conditions or procedures established by the council. No conditional use shall be permitted in any location where it will be inconsistent with the existing adjacent and nearby uses.
means a retail establishment selling a variety of consumables, notions and/or similar items, usually serving as a convenient outlet to a neighborhood.
means the governing body of the village.
means Travis County, Texas.
means the legal owner of land to be improved and/or subdivided or his/her authorized representative.
means the construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, or the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction maintenance and installation which does not require land disturbance or result in additional impervious cover, shall also not constitute development.
means a zoned section or sections of the village for which regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
means a paved surface connecting the street to a lot line.
means the surface connecting a drive approach with a parking space, parking lot, loading dock or garage.
means a single structure designed to accommodate two (2) or more households.
means a detached building having accommodations for not more than one family.
means a detached building designed and constructed with two (2) separate living units under a single roof by two families.
means a building or portion of a building arranged, occupied or intended to be occupied as residential unit designed to accommodate one (1) household for living, sleeping, eating, cooking and sanitation.
means a grant by the property owner of the use of a strip of land for stated purposes.
means the aggregate of social and physical conditions that influence the life of the individual and/or community.
means that geographic area outside the corporate boundaries of the village as established pursuant to sections 42.021 and 42.022 of the Texas Local Government Code.
means a facility offering resident or outpatient treatment to alcoholic or narcotic patients.
means, with respect to zoning applications, the date at which the village deems an application administratively complete.
means a body of land susceptible to flooding from any source. Floodplain elevation for land adjoining Lake Travis or the 100-year floodplain, as established by FEMA, is 722 mean sea level (msl) as of the adoption of this article. The 100-year floodplain is used by FEMA to administer the federal flood insurance program.
means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports or garages.
means the lowest loadbearing portion of a residence or building as it meets the ground.
means a space extending the full width of the lot between any building setback line and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
means the village council.
means any act by which soil, rock, or mineral matter is cut into, dug, quarried, uncovered, removed, displaced, or relocated, and includes the removal of vegetative cover, excavation, and land leveling.
means the vertical distance from the highest point of a building to the average grade plane, excepting any chimney, spire or ventilator on a building.
means a privately owned parcel of land, within a subdivision, dedicated solely for recreational use by persons in such subdivision and their guests, and maintained by the residents of said subdivision.
means a commercial use customarily carried on in the home by members of the occupant family.
means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner in a subdivision is automatically a member, (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining common property, and (c) the charge, if unpaid, becomes a lien against the property.
means a building in which lodging is provided and offered to individual transient guests, but not excluding permanent guests, and may include a cafe, drugstore, clothes, pressing shop, barber shop or other service facilities for guests for compensation, and in which ingress and egress to and from all rooms is made through and inside a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradiction to a lodging house, or an apartment. To be classified as a hotel an establishment shall contain a minimum of six (6) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, and the use and upkeep of furniture. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include a hospital, sanitarium, or nursing home as defined in section 156.001, Tex. Tax. Code.
means impervious surfaces that reduce the amount of infiltration of water into the soil (ex. asphalt, pavement, sidewalk, roof tops).
means a valuable addition made to property (usually real estate) amounting to more than mere repairs and maintenance, costing labor or capitol, and intended to enhance its value, beauty, or utility or to adapt it for new or further purposes. Generally, buildings, but may also include a permanent structure or other development, such as a street, sidewalks, sewers, utilities, etc.
means an off-street space for the parking of a vehicle while loading or unloading merchandise or materials from commercial or industrial vehicles.
means the lines bounding a lot.
means the distance between the lot sides at the front setback line of a lot.
means a manufactured home or mobile home as defined by Texas Occupations Code 1201.003(18), meaning a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), built on a permanent chassis, designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and in the travelling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet.
means any commercial or public structure or combination of structures for mooring or servicing of watercraft, with more than three mooring slips, and including all structures (slips, breakwaters, etc.) and associated anchoring facilities (e.g., fuel facilities, restaurants, etc.) which abut the water-based entity.
means the square footage computed from the outside dimensions of the dwelling or structure, excluding attached garages, attics, basements, and open or screened porches.
means a manufactured home or mobile home as defined by Texas Occupations Code 1201.003(20), meaning a structure constructed before June 15, 1976, built on a permanent chassis, designed for use as a dwelling with or without permanent foundation when the structure is connected to the required utilities, transportable in one or more sections, and in the travelling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on-site, at least 320 square feet.
means a building or group of detached, semi-detached or attached buildings containing guest rooms with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, motels and similar designations.
means the grade, or ground elevation, existing before construction, excavation, or grading.
means a structure or building which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the district.
means a use which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the district.
means an off-street parking lot located adjacent or contiguous to a retail, commercial or office district.
means an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material.
means an open recreation facility or park owned and operated by a public agency such as the village or the school district and available to the general public for neighborhood use, but not involving lighted athletic fields for nighttime play.
means an improved parking area to accommodate the vehicles which utilize any multiple-family, retail, commercial, office, business or industrial property.
means a use specifically allowed in the applicable districts without the necessity of obtaining a conditional use permit.
means a facility that provides supervised living arrangements for persons with physical or mental disability, which by reason of federal or state law, is not subject to limitations set forth in deed restrictions or single-family districts. This definition includes a community-based residential home operated by (i) the state department of mental health and mental retardation, (ii) a community center operated under section 3.01, Texas Mental Health and Mental Retardation Act (article 5547-203 VATCS), which provides services to disabled persons; (iii) a nonprofit corporation, or (iv) any entity certified by the state department of human resources as a provider under the intermediate care facilities for the mentally retarded program. This definition includes homes for the handicapped as defined in 42 U.S.C. section 3602(h).
means a parcel of land which has been subdivided with a subdivision plat approved by the governmental agency within whose jurisdiction the subdivision falls or which existed prior to a requirement it be platted or which, because of its size, is not legally required to be platted.
means a portable building or a water storage tank of 100 square feet or less, that is not permanently attached to the ground and designed to be transportable.
means a well-constructed opaque fence or screen of wood, masonry or a combination thereof at least six (6) feet in height. A fence shall be considered opaque if it is made of opaque materials and constructed so those gaps in the fence do not exceed one-half (1/2) inch. Fences using boards placed on alternating sides of fence runners shall be considered opaque if the boards overlap at least one-half (1/2) inch.
means an establishment required to have a state-issued alcoholic beverage permit for the sale, storage or vending of alcoholic beverages–on-premises to its members.
means a use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions licensed by the state.
means a facility such as office buildings and shops required by branches of local, state or federal government for service to an area such as highway department or a village, county or service center.
means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water [30 TAC 290.38(23)].
means a privately owned pumping facility used to pump water from a single well, lake or reservoir to more than two (2), but no more than fourteen (14), residential households or service connections within the village’s city limits.
means a pumping facility, other than a pumping plant, used to pump water from a single well, lake, or reservoir to more than fourteen (14) service connections or used for a public water system, as that term is defined in section 290.38(66) [290.38(69)] of [title 30,] chapter 290, subchapter D, of the Texas Administrative Code.
means a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
means any self-propelled or towable vehicle designed for and constructed primarily to provide temporary living quarters for recreational, camping, or travel use; primarily intended for recreational purposes, including but not limited to a campervan, truck camper, pop-up camper, travel trailer, teardrop trailer, fifth-wheel trailer, toterhome or toy hauler.
means the open space between a lot line and the buildable area within which no structure shall be located except as provided for herein.
means a commercial establishment engaged in the preparation and retail sale of food and beverages for on-premises consumption.
means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, or oil or gas pipeline, water main, sanitary or storm sewer main, or for other similar purpose or use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on the final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
means a facility to conduct public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.
See “Buffering.”
means a line that marks the setback distance from the property line, and establishes the minimum required front, side, road side or rear yard of a building plot.
See the village’s short-term rental ordinance.
means a space extending from the front yard to the rear yard between the setback line and the side lot line measured perpendicular from the side lot line to the closest point of the setback line.
See the village’s sign ordinance.
means the maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development and sealed by a licensed professional engineer or architect certified in the State of Texas.
means an accessory building for quartering horses.
means any public or private right-of-way that affords the primary means of vehicular access to abutting property.
means that line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the streets.
means any change in the supporting members of a building, such as loadbearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
means any construction, or a production or piece of work artificially built up or composed of parts honed [joined] together in some definite manner. That which is built or constructed; an edifice or building of any kind. A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
means the division or re-division of land into two (2) or more lots, tracts, sites or parcels for the purpose of development.
means an exception to the specific requirements of this article.
means the Village of Volente, Texas.
means the governing body of the village.
means the engineer for the village or his or her designated representative, as appointed by the council.
means the, or within the, incorporated boundaries of the village.
means the officer of the village assigned and designated by the council from time to time to fulfill administrative duties as provided in the Local Government Code.
means an establishment engaged in the storage of merchandise or commodities in an enclosed structure.
means an installed tank used as a water supply to buildings, filled by a water truck, well, or rainwater harvesting system, allowed to be installed in the rear and side setbacks with the property owner assuming full liability if a water storage tank installed in the public utility easement (PUE) must be moved by request of a utility company.
means an open space at natural grade between the principal and accessory buildings and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
means the division of the village into districts in an effort to achieve compatible land use relationships, and the associated establishment of regulations governing the use, placement, spacing and size of land and buildings in order to achieve that compatibility as defined in chapter 211 of the Texas Local Government Code and this article.
means the official map showing the division of the village into districts, and is hereby incorporated and made part of this article.
(b)
Any definition not expressly prescribed herein shall, until such time as defined by ordinance, be construed in accordance with customary usage in municipal planning and engineering practices.
(Ordinance 2016-O-173, sec. 30.104, adopted 11/15/16; Ordinance 2023-O-216 adopted 3/9/2023)
§ 9.02.006 Application.
The provisions of this article shall, except as specifically provided otherwise in this article, apply to all land within the jurisdiction of the village.
(Ordinance 2016-O-173, sec. 30.105, adopted 11/15/16)
§ 9.02.007 Exemptions.
The provisions of this article shall not:
(1)
Prohibit the continuation of plans, construction or designed use of a building for which a building permit was lawfully issued and which (i) is completed in its entirety within one (1) year from the effective date of this article; and (ii) for which construction shall have been started within ninety (90) days after the effective date of this article; provided that any such building, construction or use that is not in compliance with this article shall be a nonconforming use; or
(2)
Apply to permits or commitments given by the village with reference to construction of public utility buildings prior to the passage of this article.
(Ordinance 2016-O-173, sec. 30.106, adopted 11/15/16)