(a)

Designated; rezoning of property. Exhibit A attached to Ordinance No. 521 is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be identified and maintained by the town in accordance with the provisions of this chapter, as amended from time to time. The Official Zoning Map incorporates the rezoning of properties in the town to conform with the Comprehensive Plan and this chapter.

(b)

Division of town.

(1)

The town is divided into 11 zones, or districts, as shown on the Official Zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. The zones, or districts, hereby established are and shall be known and cited as:

Zoning Districts

(2)

The Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words:

"This is to certify that this is the Official Zoning Map referred to in chapter 102, article II, of the Code of Ordinances of the Town of Westlake," together with the date of adoption of the Official Zoning Map.

(3)

When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the town secretary promptly after the amendment has been approved by the board of aldermen, and the change shall note the ordinance number and date that the change was approved.

(4)

No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter.

(5)

The original reproducible tracing of the Official Zoning Map shall be located in the office of the town secretary in the town hall and shall be the final authority as to the current zoning status of land and water areas, building and other structures in the town.

(6)

The board of aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Code of Ordinances of the Town of Westlake, Texas."

(7)

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(UDC 1994, art. III, § 1; Ord. No. 203, § 1, 11-16-1992; Ord. No. 373, § 2, 8-14-2000; Ord. No. 426, § 2, 9-23-2002; Ord. No. 519, § 2, 4-23-2007; Ord. No. 521, § 2, 7-9-2007)

Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines;

(3)

Boundaries indicated as following town limit lines shall be construed as following such town limits;

(4)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (3) of this section shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

(5)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) and (2) of this section, the board shall interpret the district boundaries.

(UDC 1994, art. III, § 2.1)

Each zoning district established in this chapter is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the town as follows:

(1)

Residential districts.

a.

R-5, country residential district. The R-5 country residential district is intended to be composed of single-family dwellings on lots measuring a minimum of five acres (217,800 square feet) excluding all required public dedications, including but not limited to rights-of-way, parks, and open spaces. Country residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain.

b.

R-2, rural residential district. The R-2, rural residential district is intended to be composed of single-family dwellings on lots measuring a minimum of two acres (87,120 square feet) excluding all required public dedications, including but not limited to rights-of-way, parks, and open spaces. Rural residential districts are intended to provide an opportunity for rural residential character. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain.

c.

R-1, estate residential district. The R-1, estate residential district is intended to be composed of single-family dwellings on lots measuring a minimum of one acre (43,560 square feet) for the subdivision excluding all required public dedications, including but not limited to rights-of-way, parks, and open spaces. Such developments offer the ability to develop at a higher density without compromising the rural residential character of the town.

d.

R-O.5, neighborhood residential district. The R-O.5, neighborhood residential district is intended to be composed of single-family dwellings on lots measuring a minimum of a half acre (21,780 square feet), excluding all required public dedications, including but not limited to rights-of-way, parks and open spaces. The R-O.5, neighborhood residential district is intended to be applied to relatively flat land where building sites may be created without the use of retaining walls and the removal of significant amounts of vegetation or mature trees.

e.

MF, multifamily residential district. The MF, multifamily residential district is intended to allow for multifamily residential development in areas where additional requirements for streets, utilities, drainage, open space and landscaping are met. The MF, multifamily residential district requires approval of a site plan prior to development.

f.

RA, residential airpark. The residential airpark district is intended to allow single-family residential use in conjunction with private use aviation in subdivisions composed of lots measuring a minimum of one acre (43,560 square feet), excluding all required public dedications, including but not limited to rights-of way, parks and open space. The RA district must comply with all requirements of the R-1 zoning district unless otherwise noted in this ordinance, or the Land Use Schedule, section 102-61 and/or the District Development Standards, section 102-124, Figure 2.

(2)

Commercial districts.

a.

LR, local retail district. The LR, local retail district is a retail category intended to serve local residents and businesses. The LR district occurs most often at limited corner locations at intersections of major thoroughfares. Off-street parking requirements are set out for business establishments in the LR district as are the requirements for lot coverage.

b.

O, office park district. The purpose and objective of the O, office park district classification and its application is to allow planned office parks consisting of office buildings for business and professional use, research and development complexes, and buildings for accessory uses. Off-street parking and lot coverage requirements are set out in the O, office park district.

c.

O-H, office park—hotel district. The O-H, office park—hotel district is very similar to the O, office park district, but permits hotels and motels, conferencing centers and training facilities, and restaurants in addition to office buildings.

d.

O-I, office—industrial district. The purpose of the O-I, office—industrial district classification is to establish industrial areas of high operational development and environmental standards. Because there will be significant neighboring residential and office park development, the district permits offices and industrial uses that are predominantly light in character, have their operations conducted wholly within buildings, minimize traffic congestion, noise, glare, air pollution, fire and safety hazards, and are compatible with adjacent land uses.

(3)

PD, Planned development districts. The purpose of the PD, planned development district is to:

a.

Provide for a superior design of lots or buildings;

b.

Provide for increased recreation and/or open space opportunities for public use;

c.

Provide rural amenities or features that would be of special benefit to the property users or community;

d.

Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes;

e.

Protect or preserve existing historical buildings, structures, features or places; and

f.

Provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services.

(4)

Governmental use districts. The "GU" governmental use district is established to apply to those lands where national, state, or local governmental activities are conducted and where governments or their duly created instrumentalities hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan.

(UDC 1994, art. III, § 3; Ord. No. 373, § 3, 8-14-2000; Ord. No. 426, § 3, 9-23-2002; Ord. No. 519, § 3, 4-23-2007)

The following regulations shall apply to all zoning districts listed in this article and defined in this article:

(1)

No land or building shall be used or intended for any use other than those permitted in the district wherein such land or building is located.

(2)

No building shall be erected, reconstructed, enlarged, structurally altered, or moved in such manner as to evade conformity with height, bulk, yard, lot area, use, and other regulations for the district wherein such building is located.

(3)

No yard provided adjacent to a building for the purpose of complying with provisions of this chapter shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot.

(4)

No street or walkway shall serve as any part of a required yard or minimum lot area although street rights-of-way and open space may be used in determining allowable units per acre in residential subdivisions.

(UDC 1994, art. III, § 4)

Planned developments that have been approved and appear on the zoning maps are referenced by a planned development number (PD #) and the zoning district classification and/or uses authorized by the particular zoning case. The listing of approved planned developments will be documented in appendix A to this Code.

(UDC 1994, art. III, § 5)

Specific use permits that have been approved shall be referenced by a specific use number (SUP #) and the type of use authorized by those permits. The listing of approved specific use permits will be documented in appendix B to this Code.

(UDC 1994, art. III, § 6)

Any territory annexed into the town shall be zoned at the same time or within 60 days of annexation, and shall follow the procedures for rezoning which are established in the UDC. If the property is not zoned at the time of annexation, the town shall not grant any permits authorizing construction or development of the property until the ordinance zoning the property and amending the Official Zoning Map has been enacted by the board of aldermen.

(UDC 1994, art. III, § 7)