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TITLE 25 LAND DEVELOPMENT.

CHAPTER 25-2.  ZONING.

§ 25-2-583  COMMERCIAL RECREATION (CR) DISTRICT REGULATIONS.

(A)     This section applies in a commercial recreation (CR) district.

(B)     In this section, SHORELINE means:

(1)     for Lake Austin, the 492.8 topographic contour line along the shores of Lake Austin; and

(2)     for Lake Travis, the 681 topographic contour line along the shores of Lake Travis.

(C)     This subsection applies to property located within 1000 feet horizontally of the shoreline of Lake Austin.

(1)     The areas within 75 feet of the shoreline are excluded from impervious cover calculations.

(2)     Development is prohibited on land with a gradient that exceeds 35 percent.  This prohibition does not apply to a fence, driveway, road or utility that cannot be reasonably placed elsewhere, or a pedestrian facility.

(3)     Impervious cover may not exceed:

(a)     20 percent, on a slope with a gradient of 25 percent or less;

(b)     10 percent, on a slope with a gradient of more than 25 percent and less than 35 percent; or

(c)     if impervious cover is transferred under Subsection (C)(4), 30 percent.

(4)     A person may transfer impervious cover in accordance with this subsection.

(a)     Impervious cover may be transferred only:

(i)     between tracts within a CR district; and

(ii)     from land with a gradient of 35 percent or less, to land with a gradient of 15 percent or less.

(b)     Land from which impervious cover is transferred may not be developed.  The land must either remain undisturbed or be restored to a natural state.

(c)     A transfer of impervious cover must be described in a restrictive covenant that runs with the land,  is approved by the city attorney, and is recorded in the county deed records.

(D)     A permanent improvement is prohibited within 75 feet of the shoreline of Lake Austin or Lake Travis, except for a retaining wall, pier, wharf, boathouse, or marina, or a driveway to the structures.

(E)     Outdoor storage of merchandise, material, or equipment is permitted if:

(1)     the outdoor storage is incidental to a use located on the premises;

(2)     the storage area is located on the rear 50 percent of the site;

(3)     the storage area does not exceed:

(a)     20 percent of the site; or

(b)     for a marina use, recreational equipment sales use, or recreational equipment maintenance and storage use, 50 percent of the site; and

(4)     the storage area is screened in accordance with the Environmental Criteria Manual and, except for watercraft, the stored items do not exceed the height of the screen.

(F)     Except along a property line of a lot zoned for a residential use, the following merchandise may be displayed outdoors:

(1)     artwork or pottery;

(2)     flowers or plants;

(3)     food products;

(4)     handcrafted goods; and

(5)     recreational equipment, including roller skates, bicycles, windsurf boards, and watercraft.

(G)     Merchandise other than that described in Subsection (F) may be displayed outdoors during business hours if screened from view off-premises.

(H)     At least 40 percent of a site, excluding dedicated right-of-way, must be left in a natural state.  Up to 25 percent of a natural area may be used as a sewage disposal field.  A natural critical area identified in the Comprehensive Plan must be left in a natural state.

(I)     Landscaped areas at least ten feet wide are required adjacent to public streets and property zoned for residential use.  Landscaped areas must contain trees, shrubs, and ground cover.

(J)     Medians at least 5 feet wide are required between rows of parking spaces.  Each median must contain either existing native trees or densely massed installed trees.

(K)     The noise level of live music may not exceed 70 decibels, measured at the property line.

Source:  Section 13-2-660; Ord. 990225-70; Ord. 031211-11; Ord. 20090521-017.

§ 25-2-648  PLANNED DEVELOPMENT AREA (PDA) PERFORMANCE STANDARDS.

(A)     This section applies to a planned development area agreement or zoning district.  The requirements of this section supersede conflicting provisions of a planned development area agreement or ordinance, if any.

(B)     A planned area development may not produce a dangerous or objectionable element, as described in this section or a City administrative rule.

(C)     Dangerous or objectionable elements include dangerous, injurious, noxious, or objectionable noise, smoke, dust, odor, air pollution, heat, humidity, liquid or solid refuse or waste, light or glare, or other substance, condition, radiation, or element that adversely affects property or the use of property in the vicinity. This excludes resource recovery systems using solid waste.

(D)     A dangerous or objectionable element is measured in the manner prescribed by this subsection.

(1)     Noise, vibration, light, glare, odor, or radiation  is measured at the point on the  source  property  line that  has the highest readings, or at any other point where the existence of the elements may be more apparent.  Noise levels are determined in accordance with Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety, Environmental Protection Agency, 1974.

(2)     Smoke or toxic or noxious matter is measured at the place of emission into the atmosphere.

(3)     For open industrial operations described in Subsection (E)(6), dust concentration is measured at ground level or a habitable elevation, and either at the property line or beyond it, whichever results in the highest measurement.

(E)     A dangerous or objectionable element may not exceed the limits prescribed by this subsection.

(1)     Except for noise from a transportation facility or construction work, noise may not exceed 55 decibels LAN during daylight hours and 45 decibels LAN during night time hours.

(2)     Earth borne vibrations may not exceed:

(a)     the limits in Column I below; or

(b)     if the point of measurement is a residential area boundary line or within 80 feet of a residential area boundary line that is located in a street right-of-way, the limits in Column II below.

Frequency     Column I Column II

Cycles Per     Displacement     Displacement
Second     (inches)     (inches)

0 to 1     .0020     .0008
1 to 10     .0010     .0004
10 to 20     .0008     .0002
20 to 30     .0005     .0001
30 to 40     .0004     .0001
40 and over     .0003     .0001

(3)     A light or direct welding flash may not exceed 0.4 foot candles across the source property line.  Light from these sources must be screened from an adjoining property.

(4)     Smoke may not be:

(a)     as dark or darker in shade as that designated as No. 0 on the Ringlemann Chart, as published by the United States Bureau of Mines; or

(b)     of an opacity that obscures an observer’s view to a degree equal to or greater than smoke described in Subsection (E)(4)(a).

(5)     An emission of particulates for each one acre of property in a planned development area may not exceed:

(a)     for particulates that are 44 microns or smaller, one pound during any one hour; and

(b)     for particulates that are larger than 44 microns, 0.05 pounds during any one hour.

(6)     Open industrial operations that involve dust-producing equipment, including sandblasting, paint spraying, gravel and concrete batching, and similar operations, may not produce dust in a concentration that exceeds one million particles for each cubic foot at the point of measurement.

(F)     A planned development area must comply with the requirements for the storage, use, and manufacturing of explosives and hazardous materials in Chapter 6-2 (Hazardous Materials) and Chapter 25-12Article 7 (Uniform Fire Code).

Source:  Section 13-2-269; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

§ 25-2-808  RESTAURANTS AND COCKTAIL LOUNGES.

(A)     A restaurant (general) use must comply with the requirements of this subsection.

(1)     The restaurant must contain kitchen facilities   that   are  adequate  for  the preparation of the food to be sold.  The adequacy of the kitchen facilities is based on the seating capacity of the restaurant and the type of menu offered.

(2)     The menu must provide a variety of entrees, a list of all food items for sale, and the price of each item.

(B)     A restaurant (general) use that serves alcoholic beverages must comply with the requirements of this subsection.

(1)     At least 51 percent of the gross income of a restaurant must be derived from the sale of prepared food.

(2)     An area within a restaurant devoted to the preparation, sale, and consumption of alcoholic beverages may not be operated or advertised under a name different from the restaurant. An outside sign, separate identification, or advertising for the area within the restaurant devoted to the preparation, sale, and consumption of alcoholic beverages must be incidental to and in conjunction with the restaurant use.

(3)     Live entertainment is permitted if the amplified sound does not exceed 70 decibels, measured at the property line of the licensed premises.  In this paragraph, “premises” has the meaning ascribed to it in the Texas Alcoholic Beverage Code.

(4)     The building official may order a verified audit that includes documents submitted to taxing authorities.  A person’s failure to timely produce requested documents is prima facie evidence of a violation of this chapter.

(C)     A restaurant that requires a late-hours permit from the Texas Alcoholic Beverage Commission is a conditional use if:

(1)      Article 10 (Compatibility Standards) applies to the restaurant; and

(2)      Article 10 (Compatibility Standards) is not waived in accordance with Article 10Division 3 (Waivers).

(D)     For a cocktail lounge or a restaurant with a late-hours permit:

(1)     all parking must be shown on the site plan that is required for a conditional use permit or compatibility standards waiver; and

(2)     compliance with the parking area setback described in Section 25-5-146 (Conditions Of Approval) is required.

Source:  Section 13-2-263; Ord. 990225-70; Ord. 031211-11.

§ 25-2-812  MOBILE FOOD ESTABLISHMENTS.

(A)     In this section:

(1)     PERMIT HOLDER means the person to whom the health authority issues a permit for a mobile food establishment permit required by Chapter 10-3 (Food and Food Handlers) of the City Code.

(2)     MOBILE FOOD ESTABLISHMENT has the meaning established in Title 25, Part 1, Section 229.162 (Definitions) of the Texas Administrative Code and Section 10-3-1 (Definitions) of the City Code.

(3)     SOUND EQUIPMENT has the meaning established in Section 9-2-1 (Definitions) of the City Code.

(B)     A mobile food establishment is not permitted on private property except as provided in this section.

(C)     A mobile food establishment:

(1)     must be licensed by the health authority;

(2)     is permitted in all commercial and industrial zoning districts, except in a neighborhood office (NO), limited office (LO), or general office (GO) zoning district;

(3)     may not be located within 50 feet of a lot with a building that contains both a residential and commercial use;

(4)     may not operate between the hours of 3:00 a.m. and 6:00 a.m.; and

(5)     may not be located within 20 feet of a restaurant (general) or restaurant (limited) use.

(D)     The noise level of mechanical equipment or outside sound equipment used in association with a mobile food establishment may not exceed 70 decibels when measured at the property line that is across the street from or abutting a residential use.

(E)     A drive-in service is not permitted.

(F)     Exterior lighting must be hooded or shielded so that the light source is not directly visible to a residential use.

(G)     A mobile food establishment is limited to signs attached to the exterior of the mobile food establishment.  The signs:

(1)     must be secured and mounted flat against the mobile food establishment; and

(2)     may not project more than six inches from the exterior of the mobile food establishment.

(H)     During business hours, the permit holder shall provide a trash receptacle for use by customers.

(I)     The permit holder shall keep the area around the mobile food establishment clear of litter and debris at all times.

(J)     A permanent water or wastewater connection is prohibited.

(K)     Electrical service may be provided only by:

(1)     temporary service or other connection provided by an electric utility; or

(2)     an onboard generator.

(L)     A request that the city council require amobile food establishment in a neighborhood association area to comply with the additional distance requirements setforth in Subsection (N)  may be made in accordance with this subsection.

(1)     The following persons may submit an application to the director requesting that the city council require mobile food establishments in a neighborhood association area to comply with Subsection (N):

(a)     for an area with an adopted neighborhood plan:

(i)     the chair of the official planning area contact team; or

(ii)     an officer of a neighborhood association if there is no official planning area contact team; or

(b)     for an area without an adopted neighborhood plan, an officer of a neighborhood association.

(2)     The director shall accept an application made under this subsection during February of each year. The council shall consider the applications during annually.

(3)     Notice in English and Spanish of a public hearing on the application by thecouncil is required.  The City is responsible for the cost of the notice. The director shall give notice not laterthan the 16th day before the date of the public hearing by:

(a)     publishing notice in a newspaper of general circulation; and

(b)     mailing notice to:

(i)     each mobile food establishment licensed by thehealth authority; and

(ii)     each registered neighborhood association.

(4)     The director shall maintain a map that depicts the areas to which Subsection (O) applies.

(5)     A neighborhood association must be registered with the Public Information Office of the City.

(M)     The requirements of Subsection (N) may be added to an ordinance zoning or rezoning property as a neighborhood plan combining district in accordance with Section 25-2-1406 (Ordinance Requirements).

(N)     The subsection establishes additional distance requirements that may be applied under Subsections (L) or (M).

(1)     A mobile food establishment may not be less than 50 feet from property:

(a)     in a SF-5 or more restrictive district; or

(b)     on which a residential use permitted in a SF-5 or more restrictive district is located.

(2)     A mobile food establishment may operate between 6:00 a.m. and 10:00 p.m. if the mobile food establishment is more than 50 feet and not more than 300 feet from a property:

(a)     in a SF-5 or more restrictive district; or

(b)     on which a residential use permitted in a SF-5 or more restrictive district is located.

(3)     A mobile food establishment may operate between 6:00 a.m. and 3:00 a.m. if the mobile food establishment is more than 300 feet from a property:

(a)     in a SF-5 or more restrictive district; or

(b)     on which a residential use permitted in a SF-5 or more restrictive district is located.

(O)     A mobile food establishment must comply with Subsection (N) not later than the 60th day after the effective date of an ordinance adopted under Subsection (L) or (M).

(P)     This subsection applies to a mobile food establishment that is located on the same site as a restaurant (limited) or restaurant (general) use and serves food provided by the restaurant (limited) or restaurant (general) use.  The mobile food establishment:

(1)     may only operate between the hours of 6:00 a.m. and 10:00 p.m. if the mobile food establishment is located 300 feet or less from property in a SF-5 or more restrictive district or on which a residential use permitted in a SF-5 or more restrictive district is located; and

(2)     must comply only with Subsections (D), (F), (G), (H), and (I).

(Q)     This ordinance does not apply to a mobile food establishment that is located on private property for three hours or less between the hours of 6:00 a.m. and 10:00 p.m.

(R)     A site plan, site plan exemption, or temporary use permit is not required for the operation of a mobile food establishment.

(S)     The permit holder shall comply with the section.  A violation of this section is a Class C misdemeanor.

Source:  Ord. 20060928-020; Ord. 20080131-134.

CHAPTER 25-3.  TRADITIONAL NEIGHBORHOOD DISTRICT.

§ 25-3-86  COMPATIBILITY STANDARDS.

(A)     Except for lighting in a public right of way, all exterior lighting must be hooded or shielded so that the light source is not directly visible from adjacent properties.  Exterior lighting may not exceed 0.4 foot candles across the source property line.

(B)     The noise level of mechanical equipment may not exceed 70 decibels at the property line.

(C)     The use of highly reflective surfaces, including reflective glass and reflective metal roofs with a pitch of more than a run of seven to a rise of 12, is prohibited.  This prohibition does not apply to solar panels and copper or painted metal roofs.

(D)     Dumpsters and permanently placed refuse receptacles must be located at least 20 feet from adjacent residential uses.  The location of and access to dumpsters or any other refuse receptacles must comply with the Transportation Criteria Manual.

(E)     Commercial, multi-family, and condominium uses must be screened in accordance with this subsection.  Yards, fences, vegetative screening, or berms shall be provided to screen off-street parking areas, mechanical equipment, storage areas, and areas for refuse collection.  If fences are used for screening, the height may not exceed six feet unless otherwise permitted in the Land Development Code.  The property owner is responsible for the upkeep and maintenance of fences, berms, and vegetative screening.

Source: Section 13-9-56; Ord. 990225-70; Ord. 031211-11.

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