HomeMy WebLinkAboutOrd 1049 Amendments to Article IX TC DistrictTOWN OF WESTLAKE
ORDINANCE NO. 1049
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING SECTIONS
102-411(B)(9), 102-412(C), 102-415 (B), AND 102-416(A) OF THE TOWN OF WESTLAKE,
TEXAS CODE OF ORDINANCES BY EXEMPTING LODGING BUILDING
FUNCTIONS AND OFFICE BUILDING FROM REQUIRING A SHOPFRONT
BUILDING FRONTAGE; BY MODIFYING THE LIST OF THE PERMITTED
BUILDING FUNCTIONS WITHIN THE TOWN CENTER CORE ZONES; BY
PERMITTING GROUND-BASED, MONUMENT SIGNS FOR COMMERCIAL
BUILDING FUNCTIONS; ESTABLISHING STANDARDS FOR LOCATING AND
DESIGNING SWIMMING POOLS, HOT TUBS, AND OUTDOOR WOODBURNING
FIRE PITS AND FIRE PLACES; PROVIDING A PENALTY NOT TO EXCEED THE
AMOUNT OF TWO THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED TO HAVE BEEN COMMITTED EACH DAY DURING
OR ON WHICH SUCH A VIOLATION OCCURS OR CONTINUES TO OCCUR;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality; and
WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for
the public health, safety, and welfare for development to occur in a controlled and orderly manner
in accordance with the Town’s Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission met on August 4, 2026 and reviewed
and considered the proposed text amendments to the provisions for the TC, Town Center Form-
Based Development District as found in the Unified Development Code, and provided a
recommendation to the Town Council; and
WHEREAS, the Planning and Zoning Commission and the Town Council of the Town, in
compliance with the laws of the State of Texas with reference to the text amendments to the Unified
Development Code and have given the requisite public hearing notices by publication and, after
holding due meetings in accordance with the Texas Open Meetings Act, is of the general opinion
that the Unified Development Code should be amended; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission provided
on August 4, 2026, the Town Council believes that, in the interests of the Town and its present and
ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 2 OF 6
future residents, adopting this Ordinance will advance the economic development and physical
development of the Town while preserving its distinct character and shared community values; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the provisions under Section 102-411 (b)(9) of Article IX entitled, “TC,
Town Center Form-Based Development District”, are hereby amended to provide new provisions
for exempting all lodging and office building functions from having to provide a shopfront building
frontage as follows:
(9)All first floor commercial building functions at locations along an arterial
thoroughfare, a collector thoroughfare, and a civic space shall provide a
shopfront building frontage at a minimum, except as provided in below.
a.Lodging building functions and office building functions are exempted
from all shopfront building frontage standards in this section.
SECTION 3: That the provisions under Section 102-412 (c) of Article IX entitled, “TC,
Town Center Form-Based Development District”, are hereby amended to provide for new building
functions, to clarify existing building functions, and to remove building functions, and renumbered
as follows:
(c)Allowable building functions in town center core. The allowable building
functions in the town center core zones shall be limited to the following:
(1)Amphitheater.
(2)Bakery.
(3) Bank.
(4)Bar.
(5) Barber shop.
(6) Bistro.
ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 3 OF 6
(7)Café.
(8)Childcare center.
(9) Coffee shop.
(10) Community garden.
(11)Conference center.
(12) Day spa.
(13)Dry cleaner.
(14)Electric vehicle charging station.
(15)Entertainment establishment.
(16) Food truck park.
(17) Fountain.
(18) Funeral home.
(19) Home occupation.
(20)Hotel (no room limit).
(21) Light manufacturing facility (no noxious noise, odor, or traffic
generation).
(22)Live-work building.
(23)Medical clinic.
(24) Meeting hall.
(25)Mixed-use building.
(26)Multi-family residential (allowed only in mixed-use buildings located
within the building height waiver overlay district).
(27) Office building.
(28)Open-market building.
(29) Parking structure.
(30) Private garden (located within the building frontage).
(31) Public art.
(32)Research facility.
(33)Restaurant.
(34) Retail building, provided that the specific building function shall be
further limited to the following:
ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 4 OF 6
a. An apparel store;
b.An appliance store;
c.An artisan goods store;
d. A bicycle shop;
e. A book store;
f. A corner market (provided that a minimum of 50 percent of the
total building area of the retail sales establishment is exclusively
allocated and exclusively dedicated to the display and the sale of
fresh fish, fresh meat, fresh produce, seasonal fruit, vegetables, and
other perishable agricultural products);
g. A dairy goods store;
h.A department store;
i.A display gallery;
j.An electronics store;
k.A farmers market;
l.A fitness center;
m.A florist;
n. A furniture store;
o. A grocery store;
p.A hardware store;
q. A home furnishings store;
r.A jewelry store;
s. A liquor store;
t.A mail center;
u. An optical goods store;
v. A paint store;
w.A pet store;
x.A pharmacy;
y. A shoe store;
z. A sporting goods store.; and
aa. A toy store.
ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 5 OF 6
(35) Salon.
(36) Single-family residential (attached and detached).
(37) Veterinary (no outdoor kennel).
(38)Winery.
SECTION 4: That the provisions under Section 102-415 (b) of Article IX entitled, “TC,
Town Center Form-Based Development District”, are hereby amended to provide new provisions
for the location and the design of ground-based, monument signs as follows:
(6) Ground-based, monument signs. One ground-based, monument sign, and that
is not more than four feet in height and eight square feet in area, may be located
within the building frontage.
a.All ground-based, monument signs shall be constructed of a metal
material, and the ground-based, monument signs bases and supports shall
be made of a brick material, a stone material, and / or a stucco material
matching the principal building on the lot.
SECTION 5: That the provisions under Section 102-416 (a) of Article IX entitled, “TC,
Town Center Form-Based Development District”, are hereby amended to provide new provisions
for the design and the location of swimming pools, hot tubs, and outdoor woodburning fireplaces
and outdoor woodburning fire pits as follows:
(9)All swimming pools and all hot tubs shall maintain a low profile and shall be
visually screened from all views from thoroughfares and civic spaces and
surrounding lots with a wall.
(10)All outdoor woodburning fireplaces and all outdoor woodburning fire pits
shall be separated from all combustible structures and all trees by the minimum
distance as found existing in the International Fire Code.
SECTION 6: That this Ordinance shall be cumulative of all other Ordinances adopted by
the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake
which are inconsistent with the provisions or terms of this Ordinance are hereby repealed.
ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 6 OF 6
SECTION 7: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 8: It is hereby declared to be the intention of the Town Council of the Town of
Westlake, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such
legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 9: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 18TH DAY OF AUGUST 2026.
_____________________________
Kim Greaves, Mayor
ATTEST:
_______________________________
Dianna Buchanan, Town Secretary
APPROVED AS TO FORM:
_______________________________
Matthew C.G. Boyle, Town Attorney