City of Bee Cave, TX Development and Use Standards

Residential dimensional standards

	Agriculture AG	Estate Residential R-1	Suburban Residential R-2	Transition Residential R-3	Urban Residential R-4	Multifamily Residential R-5	Hill Country Overlay
Residential Uses
Minimum Front Setback (ft)	60³	50³	25³	20³	0³/	0³/	40³
Maximum Front Setback (ft)	NA	NA	NA	NA	25⁴	25⁴	NA
Side Yard (Interior Setback; Corner Setback)	10% lot width max 20; 20	10% lot width max 25; 25	6; 15	10; 15	0; 10	0; 10	20; 25
Maximum Side Setback (ft)	NA	NA	NA	NA	25⁴	15⁴	NA
Minimum Rear Yard Setback (ft)	25	25	25	10	20	25	25
Minimum Lot Area (sq ft)	87,120/(2 acres)	43,560	20,000	6,900	4,500²	10,000	20,000
Maximum Dwelling Units Per Acre (Density), Net (for R-4 and R-5, see Section 3.4.4.E.4)	NA	1 DUA	2 DUA	5 DUA⁵	9 DUA⁵	13 DUA⁵	Per district
Minimum Lot Frontage (ft)	100	75	50	35	35	100	75
Minimum Lot Width (Interior/Corner) (ft)	200/205	100/105	65/70	35/40	35/40	100/105	100/105
Minimum Lot Depth (ft)	250	200	110	100	90	90	200
Maximum Height (primary/accessory) (ft)	35/45¹	35/25	35/25	35/25	40	50	35/25
Maximum Impervious Cover (see Section 7.3.2.C.4 [7.3.2.C.3])

1.	Structures used for agricultural purposes may built to 45 feet, provided they are no closer than one hundred feet (100') from any residential structure on the premises, and they are set back at least one hundred feet (100') or three (3) times their height (whichever is greater) from any residential structure on adjacent property.
2.	Applicable to townhome development with units on individual lots
3.	Except as may be subject to the 75' landscape buffer setback required along all major roadways (SH-71, RR 620, Bee Cave Rd, Bee Cave Pkwy, Hamilton Pool Road).
4.	No more than 30% of the building frontage shall exceed the maximum setback.
5.	See Section 3.4.4.E, Density Bonus Options for incentives related to maximum density.

Non-residential and mixed-use dimensional standards.

	Neighborhood Mixed-Use (MU-N)	Community Mixed-Use (MU-C)	Town Center Mixed-Use (MU-TC)	Regional Commercial (CR)	Public (P)	Hill Country Overlay
Non-Residential Uses
Minimum Front Setback/Maximum Front Setback (ft)	10^1,3/NA	10^1,3/NA	NA³/5²	25³/NA	Same as most restrictive abutting non-residential district along the same street frontage	50³/NA
Side Yard (Interior Setback; Corner Setback)/Maximum Side Setback) (ft)	10; 10/NA	10; 10/NA	10; NA/0	25; 25/NA		25; 50/NA
Rear Yard Setback (ft)	10	10	NA	25		Per Zoning
Minimum Lot Area (sq ft) or Maximum Dwelling Units Per Acre (Density), Net	10,000/13 DUA	10,000/20 DUA⁴	NA/24 DUA⁴	10,000/NA	10,000/NA	Per Zoning
Minimum Lot Frontage	35⁵	70⁵	NA	70⁵	70⁵	Per Zoning
Minimum Lot Width (Interior/Corner) (ft)	35/40	80/85	NA	80/85	80/85	80/85
Minimum Lot Depth (ft)	45	80	NA	110	110	110
Maximum Height (ft)	35	50	60	35	40	35
Maximum Building Footprint (per building)	25,000	25,000	NA	150,000	NA	15,000
Maximum Impervious Cover (see Section 7.3.2.C.4 [7.3.2.C.3])

1.	Buildings adjacent to R-1 — R-4 districts with units fronting on the same street shall match the minimum front setback of the adjacent district.
2.	A maximum of 30% of the building frontage may exceed the maximum setback.
3.	Except as may be subject to the 75' landscape buffer setback required along all major roadways (SH-71, RR 620, Bee Cave Rd, Bee Cave Pkwy, Hamilton Pool Road).
4.	See Section 3.4.4.E, Density Bonus Options for incentives related to maximum density.
5.	150 feet is required on State controlled highway. May be reduced to 75 feet with cross access easement to adjacent properties.

Minimum requirements.

All uses established and all structures erected hereafter shall be located on a lot that conforms to the minimum lot area and width required for the district in which the use or structure is located.

Where a tract of land has been partitioned or divided into a separate tract, either through recorded deeds prior to the effective date of this UDC or through a recorded subdivision, and such tract does not conform to the minimum lot width or area requirements of this chapter, such tract may be used for any use permitted in the zoning district, provided that all other requirements are met and that a recorded subdivision is filed for the tract.

(i)

Such tract may be used separately or in combination with one or more other lots that did not conform to the lot width or area requirements of this section on the effective date of this UDC (see subsection 3.4.11.D).

Required setbacks and yards.

Except as otherwise provided in this section, all uses and structures hereafter erected, established, altered, converted, or relocated shall conform with the yard and open space requirements of the district in which the use or structure is located, as required in subsections 3.4.1.A and B above.

Yards as required in subsections 3.4.1.A and B above shall be located on the same lot or parcel as the principal structure or use.

If the right-of-way width is increased, the yards abutting the right-of-way may be reduced by the same depth and the property owner is not required to comply with the requirements of this subsection unless the property is subsequently replatted.

Where a lot, or portion of a lot is used for a permitted use without a structure (e. g. farmer's market, dog park, playground), the required yards shall be provided and maintained as if the use were conducted within a structure.

Separation of structures. When more than one building is located on the property (e.g., townhomes, accessory structures, accessory dwelling units), the minimum separation between noncontiguous, adjacent structures shall have a separation of at least ten feet (10'), or as required by Fire Code, whichever is greater.

Illustrations of dimensional regulations. See Definitions.

Rules for interpreting dimensional standards.

Side yard on a corner lot.

(i)

See subsection 2.5.5 for guidelines regarding lot design and layout.

(ii)

Every part of a required side yard shall be open and unobstructed except for those listed in Section 3.4.1.I.

(iii)

Where a future public right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

Calculation of height.

(i)

Grade. The lowest horizontal elevation of the finished surface of the ground, paving, or sidewalk abutting the building.

(ii)

Height. The height of the building shall be measured from the midpoint of the highest and lowest grade adjacent to the building, to the highest point of the coping of a flat roof, deck line of a mansard roof, or the height of the highest gable on a pitched or hipped roof.

Special height regulations.

(i)

Cooling towers may extend for an additional height not to exceed fifty feet (50') above the average Grade of the building as determined by dividing the difference between the highest and lowest grade at the intersection of the building envelope by two (2).

(ii)

Mechanical or artificial features such as flagpoles, water stand pipes and tanks, elevator shafts or penthouses, steeples, domes, spires; school buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one of the following compensating measures are instituted:

(1)

One (1) additional foot is added to the setbacks of the mechanical or artificial feature for each foot of height the feature exceeds the maximum height of the district; or

(2)

One (1) additional foot is added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

Exceptions, adjustments and alternative compliance.

Adjustments for zero lot line residential formats.

(i)

Patio homes (aka garden homes).

(1)

Patio Homes allow for detached residential homes with small yards and minimal setbacks, providing ease of property maintenance without shared walls.

Figure 3.4.1-1: Patio Home Lot Placement

(2)

In patio home developments, the interior side yard setback regulations in subsection 3.4.1.A do not apply to both side yards of the associated residential lots within it; rather, the patio homes must maintain the required side yard setback on one side only and may reduce the opposing side to as few as zero feet.

(3)

The setback exemption may not be applied if the lot adjacent to the zero foot setback side of the patio home lot is not also a patio home lot.

(4)

Separation between buildings shall be no less than ten (10) feet.

(5)

The wall of the dwelling located on the lot line shall have doors.

(6)

All lots adjacent to the zero foot setback side of a patio home lot must provide a five (5) foot wide maintenance and drainage easement to the benefit of the adjacent lot. In order for a patio home lot to be developed it must be the grantee of the easement described in this subsection 3.4.1.H.1(i).

(ii)

Townhomes on separate lots.

Figure 3.4.1-2: Townhomes on Separate Lots

(1)

This section addresses townhomes where multiple units are adjoined across property lines. This section does not apply to multiple townhomes located within a single lot.

(2)

The interior side yard setback regulations in subsection 3.4.1.A do not apply to the interior sides of townhomes on separate lots (i.e., this exemption does not apply to the end units).

(3)

Minimum lot frontage shall be twenty (20) feet for interior lots and thirty (30) feet for corner lots when garages and parking are accessed from an alley rather than the street on which the property fronts.

(4)

Individual townhomes constructed on a single lot within a condominium development are subject to the same setbacks as the underlying district.

(5)

These setbacks shall be applied to the lot as measured from the property line to any building and to each building (or row) of townhomes as measured outward from the outward most projection of each exterior building face.

Adjustments due to insufficient minimum buildable space.

(i)

The Planning Director may reduce setback limits required by subsection 3.4.1.A and buffer zones required in Article 5 for any lot of two (2) acres or less zoned CR or MU that was platted or described by metes and bounds prior to August 29, 2000, or the recombination of lots platted or described by metes and bounds prior to August 29, 2000 that results in a new lot of two (2) acres or less.

(ii)

To qualify for a reduction, the resulting setbacks or buffer area for the lot or tract must be so onerous that they reduce the buildable area of the lot or tract of land to less than the percentage of impervious cover that is that is permissible pursuant to Article 7 of this UDC, or the total area of the applicable setbacks and buffers is great than fifty percent (50%) of the total area of the lor or tract of land.

(iii)

In determining the amount of adjustment, the Planning Director shall adjust rear setbacks first unless the lot adjoins a residential zoning district, then side yard setbacks shall be adjusted unless adjoining a residential zoning district, then front yard and buffer zones shall be adjusted.

(iv)

Setbacks adjoining residential zoning districts shall be adjusted only if adjustments to other setbacks do not provide the lot or tract with the minimum buildable area.

(v)

A lot receiving adjustments under this subsection 3.4.1.H.2 must be developed according to an approved Final Plat and Site Plan.

(vi)

For purposes of this subsection 3.4.1.H.2, "buildable area" shall mean the portion of the lot or tract that is not located within the setbacks required by subsection 3.4.1.A or the buffer zones required in Article 5, or any buffer zones required by Article 7.

Permitted setback encroachments

The following obstructions are permitted in any required setback except within a Sight Distance Zone (see Section 6.4):

(i)

Awnings and canopies attached to a principal building located at least eight (8) feet above the walkway or driveway.

(ii)

Flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects may encroach up to five feet (5').

(iii)

Air-conditioning compressors and similar equipment are permitted in the side yard.

(iv)

Air-conditioning window units that do not project more than eighteen (18) inches.

(v)

Architectural entrance structure or monument sign on a lot not less than one (1) acre in area or at an entrance roadway into a Subdivision containing fifty (50) or more lots.

(vi)

Bay windows, projecting not more than three (3) feet, but not within five (5) feet of a side lot line.

(vii)

Attached chimneys that project no more than twenty-four (24) inches from the principal structure.

(viii)

Eaves or gutters projecting 18 inches or less.

(ix)

Open entrances, stoops, porches, when not covered, may project not more than ten feet from a principal building, but not more than eighteen (18) inches above grade.

(x)

Ornamental light standards.

(xi)

Signs and nameplates as regulated by Article 4.

(xii)

Sills, belt courses, cornices, and ornamental features of a principal building, projecting not more than twelve (12) inches.

(xiii)

Steps, four (4) feet or less above grade, that are necessary for access to a permitted building or for access to a lot from a street or sidewalk. Stairs are permitted in side or rear setbacks.

(xiv)

In a required side or rear setback in the AG, R-1, R-2 and R-3 zoning districts, a permanent swimming pool, spa or hot tub, and comparable flatwork and occupiable below ground structures provided they are located at least five (5) feet from the rear property line. The required side and rear setbacks apply to any accompany [accompanying] structures, such as trellises or other shade structures. The required side and rear setbacks apply to permanent swimming pools, spas or hot tubs, and comparable flatwork and occupiable below ground structures in any other zoning districts.

(xv)

Fences in accordance with the provisions of Article 5.

Except on corner lots, in any required side or rear yard, the following additional obstructions are permitted, subject to the same restrictions as to Sight Distance Zone (see Section 6.4):

(i)

Central air-conditioning units, heat pumps, rainwater collection equipment & storage, but not more than four (4) feet from the principal structure, and provided the unit is properly screened.

(ii)

Balconies, but not projecting more than forty-two (42) inches.

(iii)

Open off-street parking spaces and loading spaces.

(iv)

Arbors, trellises, and playground equipment in residential districts only.

(v)

One-story detached garages for single-family residences, non-commercial workshops, sheds and storage buildings for garden equipment and household items accessory to a principal dwelling or dwelling units, and structures customarily incidental to the pursuit of agriculture, provided they are more than ten (10) feet from a principal structure but not closer than three feet to any lot line.

(vi)

Satellite dishes.

See also Section 3.4.9.

(Ordinance 475 adopted 6/28/22)

§ 3.4.2 Parking standards.

Applicability.

Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any permitted use unless vehicle parking is provided according to the following standards.

Vehicle parking shall be provided on the same lot or tract as the principal use or on an immediately contiguous lot or tract as part of a shared parking agreement (see subsection 3.4.2.B.3(iii)(1) [3.4.2.C] below).

General requirements.

Calculation of spaces.

(i)

The minimum number of spaces shall be as indicated in subsection 3.3.6.

(ii)

The total parking requirement shall be the sum of the specific parking space requirements for each use classification included in the building or development. If the calculation results in a fractional number, the required parking is based on the next highest whole number.

(iii)

The rate used for determining parking requirements is based on the Gross Floor Area of the building containing the use. If, however, the Net Floor Area devoted to the use is known, the Planning Director may approve an administrative adjustment to parking requirements to reflect the Net Floor Area at the time of Building Permit approval.

(iv)

Outdoor uses such as patio dining that are not sheltered from inclement weather shall be calculated at seventy-five percent (75%) the rate of the equivalent indoor use for the purposes of computing parking requirements.

(v)

Outdoor uses such as patio dining that are sheltered from inclement weather shall be calculated at one hundred percent 100%) the rate of the equivalent indoor use for the purposes of computing parking requirements.

(vi)

Abutting on-street parking spaces (along the lot line or within the development) shall count toward the minimum parking requirements in the MU-TC district, or as approved by the Planning Director in the MU-N and MU-C districts.

(vii)

When 50 to 99 parking spaces are required, at least one (1) electric vehicle parking space with charging capability shall be provided. When 100 or more parking spaces are required, at least two (2) electric vehicle parking spaces shall be provided.

(viii)

In addition to the requirements of this subsection 3.4.2.B.1, the Planning Director may approve up a twenty percent (20%) reduction if the following criteria are met:

(1)

The applicant submits a study or evaluation from a qualified parking consultant that demonstrates the reduction will not increase congestion;

(2)

The use does not create ancillary parking demand from services such as pick up/drop off, curbside, or other factors that increase the amount of vehicle turnover during operational hours; and

(3)

The use does not share parking with other uses (see subsection 3.4.2.C).

Building enlargement or modification.

(i)

The following standards apply whenever the use of a building is changed, a building is enlarged, or both:

(1)

If the minimum required parking is increased by twenty percent (20%) or more, the additional required parking shall be provided prior to issuance of a Certificate of Occupancy for the new use, enlarged building, or both.

(2)

If the minimum required parking is increased more than ten percent (10%) but less than twenty percent (20%) the Planning and Development Director may require parking to be provided at the ratio in this UDC prior to issuance of a Certificate of Occupancy for the new use, enlarged building, or both or may approve at their discretion additional parking at a reduced ratio per the requirements of Section 3.4.2 (1) [3.4.2.B.1] above.

(3)

If the minimum required parking is increased by less than ten percent (10%), the additional parking is not required to be provided.

(ii)

All changes of use or enlargements shall be considered cumulatively. The resulting changes in minimum required parking will be considered relative to the minimum required per the first approved site plan and additional parking spaces shall be provided on the basis of the cumulative enlargements or changes, or as otherwise approved by the Planning Director.

Parking areas and driveways.

(i)

Maintenance.

(1)

All parking areas and driveways shall be maintained to the City's specifications including keeping the area free from trash, debris, and abandoned vehicles or objects such as abandoned household items or recycling or collection bins or kiosks.

(2)

Parking areas are for the temporary parking of functional vehicles only. In all zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling, or servicing of vehicles, except for topping off fluids, changing light bulbs, adjusting air levels in tires, changing a flat tire, or other minor peripheral maintenance not involving disassembly of any component.

(3)

No parking area shall be used for the storage of materials or supplies.

(4)

Refuse receptacles must be placed outside of a required parking space or drive aisle. Each refuse receptacle must be located to facilitate pickup by garage collection trucks without the need to maneuver within a street right-of-way, required parking space, or required stacking space.

(5)

Use of required parking spaces or drive aisles for donation drop off kiosks or the accumulation of items or goods around a donation drop off kiosk is prohibited.

(6)

Fleet vehicles or business-related vehicles that park overnight in a public parking area must be parked in designated spaces. These designated spaces must be provided in addition to the minimum parking required unless otherwise approved by the Planning Director.

(ii)

Nonresidential parking areas and driveways.

(1)

Unless otherwise noted, all parking areas and driveways for nonresidential uses, including Mixed-Use and Multi-Family, shall be curbed and paved with asphalt or concrete unless otherwise approved by the City Engineer.

(2)

Parking spaces shall be designed such that a vehicle parked within the space does not overhang a property line, sidewalk, or pedestrian path and shall employ wheel stops where required (see subsection 3.4.2.E.2).

(3)

All parking areas, drive aisles, and parking spaces shall be placed outside of the public Right-of-Way, except spaces designated as on-street parking. No private parking area or parking space shall be created that requires a user to maneuver into the Right-of-Way to enter or leave the parking space.

(iii)

Residential parking areas and driveways.

(1)

Unless otherwise noted, parking areas and driveways for residential uses shall be of a paved or of another finished surface (i.e., no gravel, grass, or dirt).

(2)

Single-family residential lots greater than one (1) acre are exempt from the requirement to pave driveways; however, a paved driveway apron must be provided within the entire right-of-way.

(3)

Parking for Townhomes is prohibited between the front facade and a public or private street. Parking may be provided between the interior, side, or rear facade and a street, fire lane, or alley.

(4)

Multi-Family buildings (3 or more units) may provide a single-loaded parking space per ground floor unit between the building and a public or private street or common access drive that functions like a street if the driveway leads directly to an enclosed garage integrated with the unit.

(5)

Parking of a vehicle exceeding 16,000 [pounds] Gross Vehicle Weight (GVW), including trailer, is prohibited from parking overnight on any public or private street in any Residential district. Parking of these vehicles, other than for temporary loading or unloading, is prohibited anywhere within the R-2, R-3, R-4, and R-5 districts, unless within a fully enclosed structure. This definition includes the following vehicles:

(a)

Semi-tractors, with or without a trailer;

(b)

Buses;

(c)

RVs exceeding 16,000 pounds GVWR or 27 feet in length;

(d)

Travel Trailers;

(e)

Boats or other watercraft (irrespective of weight);

(f)

Box trucks;

(g)

Commercial vans;

(h)

Vehicles equipped with or required to carry a back-up warning sound.

Parking space dimension[s].

(i)

All parking spaces must be sized according to the Technical Manual.

(ii)

The minimum required dimensions for a required parking space are nine feet (9') wide by eighteen feet (18') deep.

(iii)

Required accessible spaces must conform to the standards of the Americans with Disabilities Act (ADA).

(iv)

Spaces below the minimum required dimensions are allowed, but may not be used to satisfy the minimum parking requirement.

Shared parking calculation.

The intent of this provision is to maintain the number of spaces needed to support a given use while considering that many uses have differing peak parking times. Shared parking allows uses with varying peak times to share parking spaces, thereby encouraging more compact development and reducing stormwater runoff.

The Planning Director may approve a request for shared parking facilities if the use or development complies with the following:

(i)

The shared spaces to be provided will be available as long as the uses requiring the spaces are in operation;

(ii)

The peak hours of parking demand from all uses do not coincide with each other. A parking analysis shall be submitted by the applicant or property owner and must show that peak demand is not greater than the shared parking provided;

(iii)

A written agreement executed by the property owner(s) and City as the enforcing party, as reviewed and approved by the City Attorney, that includes:

(1)

A written, signed, notarized and recorded guarantee among the property owner(s) for access to and use of the shared parking facilities;

(2)

A provision that the City may require parking facilities in addition to those originally approved upon finding by the Planning Director that adequate parking has not been provided.

Applicants for shared parking must submit a description of the uses, hours of operation, parking requirements, allocation of parking spaces, hours of peak parking demand, and an explanation to show that required parking will be available during the hours of operation shown for each use.

Shared parking modifications.

(i)

The reduction in parking required must be based on a rational method that accounts for uses, square footage, base parking requirements, and peak hours of operation.

(ii)

The Planning Director will review the parking agreement and subject to the applicant's satisfactory response to comments, will issue an approval or disapproval in writing, subject to appeal to the Zoning Board of Adjustment (see subsection 3.6.4).

(iii)

If approved, a copy of the study and the agreement must be retained by the City Secretary with original recorded in the County records.

(iv)

Any future changes to the uses or building area that require an increase in parking pursuant to subsection 3.4.2.B.1 must be reviewed to assess the parking supply.

(v)

If the new use or change in square footage requires more parking or revises hours of operation in conflict with the existing agreement, an updated parking study shall be required.

(vi)

If the parking study determines that the current amount of parking is insufficient, the proposed use must provide the additional parking before a Building Permit or Certificate of Occupancy may be issued.

Dissolution of parking agreement.

(i)

The agreement shall not be terminated without consent of the City.

(ii)

If an alternative is not provided to the Planning Director prior to the dissolution of the parking agreement, the use must be modified as to type or Floor Area so that the parking is adequate.

(iii)

If modifications are not made prior to the dissolution of the parking agreement, the City may pursue any legal remedies available to it to ensure the adequate provision of parking, including but not limited to, citation, injunction, or revocation of Certificate of Occupancy.

Parking requirements for new or unlisted use.

Any new or unlisted use must be formally classified in accordance with subsection 3.3.3, Classification of New and Unlisted Uses. As part of this process, the applicant proposing the new or unlisted use must present a parking analysis proposing a parking ratio for the use.

The applicant may, in lieu of a technical parking analysis, present evidence that the use is listed in the parking table in the development codes of two or more cities within the Austin metropolitan area (defined by the U.S. Office of Management and Budget as consisting of Travis, Williamson, Hays, Caldwell, and Bastrop counties).

Adoption of the proposed parking ratio for the new or unlisted use shall be at the discretion of the Planning Director, who may defer the decision to the Planning and Zoning Commission.

Circulation and parking requirements for all non-residential and mixed-use developments.

Applicability. The regulations provided in this subsection 3.4.2.E shall apply to all Non-Residential or Mixed-Use development.

Wheel stops or bollards. Parking spaces that face and are adjacent to a sidewalk, path, building, landscape, or drainage area must utilize concrete or decorative rust-proof metal wheel stops or bollards, within twelve (12) inches from the end of the space.

Area layout.

(i)

Consistent parking pattern required. Parking lots shall be designed to continue the development pattern of surrounding properties so that the lots can easily be redeveloped with buildings consistent with the design of the surrounding development.

(1)

Required methods include parking layouts that are of uniform size, shape, and orientation with drive aisles and infrastructure that are capable of being converted to internal streets without the need to significantly modify or realign pavement configuration, drainage, driveway aprons, or underground utilities.

(2)

On sites of two (2) or more acres, the Planning Director may require a conceptual plan or mock-up showing how the proposed parking could be reclaimed for future building sites.

(ii)

Parking required to side or rear of a building. No more than fifty percent (50%) of parking may be located between the front facade and a public or private street, unless another building partially screens the view of the parking from the public or private street are present [sic].

(1)

The Planning Director may approve minor exceptions to this requirement up to an additional twenty percent (20%) of required parking subject to the developer providing a compensating measure such as additional landscaping, screening walls that complement the building facade, or other measures that effectively conceal or reduce the impact of the additional parking.

(iii)

In-car or "curbside" service parking. Spaces used for parking of vehicles awaiting delivery of a good (e.g., take-out food or groceries) should generally be located away from the main entrance of the building and should abut the side of the building so that employees are not required to cross a drive aisle to reach a customer vehicle and so that conflicts between in-store traffic and curbside traffic is minimized.

insert diagram

Parking sub-lots.

(i)

Parking lots with 100 or more contiguous spaces must be visually and functionally segmented into smaller sub-lots by landscaped areas with each sub-lot containing a maximum of fifty (50) parking spaces.

(ii)

For every sub-lot, a landscaped divider at least fifteen feet (15') wide shall be installed to help break up sub-lots of large parking fields.

(iii)

Within or along each divider, the developer must install a pedestrian walkway that is ADA accessible and at least six feet (6') wide that provides access from the sub-lot to the main entrance of the building.

(iv)

Except where the walkway crosses a driveway shown on an approved Site Plan, the sidewalk must have a landscape buffer of at least three feet (3') on either side.

(v)

The landscape buffer required in subsection 0 [sic] may be combined with the divider to fulfill this requirement.

Pedestrian circulation.

Figure 3.4.2-1: Internal Parking Pedestrian Path

(i)

An internal pedestrian walkway that is ADA accessible must be provided from the perimeter public sidewalk to the primary Public Entrance. Except where the walkway crosses a driveway shown on an approved Site Plan, the sidewalk must have a landscape buffer of at least three feet (3') on either side.

(ii)

The landscape divider required in subsection 3.4.2.E.4(ii) may be combined with the buffer to fulfill this requirement.

(iii)

Internal pedestrian walkways must be distinguished from driving surfaces by textured pavement such as pavers or stamped concrete. Speed bumps or tables may be utilized near crosswalks if approved by the Building Official.

Reconstruction of existing parking lots. Any reconstruction or expansion of a portion of a parking lot, other than resurfacing, equivalent to twenty-five percent (25%) or more of the existing size of the parking lot triggers the requirement that the entire parking lot, including the existing area and any expansion, must meet the requirements of this subsection 3.4.1.C [sic].

Fire lanes. Drive aisles must meet fire lane requirements where needed for fire access.

Stacking requirements.

Purpose. Stacking spaces provide the ability for vehicles to queue on-site prior to receiving a good or service, or picking up or dropping off individuals or goods.

Stacking space size and location.

(i)

A stacking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area.

(ii)

At least (1) one escape lane a minimum of ten (10) feet in width shall be provided for the outermost lane of any drive-through. The escape lane must be accessible prior to the point of order or service. This requirement may be waived at the discretion of the City Engineer and Planning Director.

Number of required stacking spaces (all districts).

(i)

In all Districts, at the time any building is erected or altered for the purpose of establishing a drive-through, service, or drop-off use or managed entry gate indicated in the left-hand column of Table 3.4-1, stacking spaces shall be provided in the number and manner set forth in the right-hand column.

(ii)

The minimum required number includes the space allocated to the vehicle or customer receiving the service (i.e., the space adjacent to an order board or service window counts as one stacking space).

Table 3.4-1: Minimum Required Drive-Through Stacking Spaces
Use	Minimum Number of Stacking Spaces
Bank or Depository Financial Institution (Drive-Through)	Four (4) per window, service lane, ATM lane, or drive-up ATM (not applicable to an ATM located on the side of a building)
Auto/Vehicle Repair	Three (3) per garage bay
Car Wash	Three (3) per lane leading to tunnel
Pharmacy (Drive-Through)	Four (4) per lane
Food and Beverage Services (Drive-Through)	Six (6) per order board, at least four (4) of which shall be placed prior to the order board for traffic queuing up to order and the remainder placed between the order board(s) and the pick-up window in one or more lanes. If, due to site layout or driveway proximity, drive-through traffic is anticipated to queue in a public right-of-way or spill over to an adjacent property, the Planning Director may require analysis that shows adequate stacking has been provided based on stacking provided at similar locations. If adequate stacking cannot be provided, the Planning Director and City Engineer may approve, based on a study provided by the applicant, a plan that allows flexibility in the use of parking to accommodate stacked vehicles at peak time.
Laundry (Dry Cleaning, Pick Up/Drop Off) or Retail Sales (Drive-Through)	Four (4) per lane
Other drive-through or managed entry not listed (i.e., security gate or parking garage)	Two (2) per lane or as otherwise required by the City Engineer

Bicycle parking.

Off-street parking for bicycles shall be provided for each use according to Table 3.5.2-2 [3.4-2].

Table 3.4-2: Minimum Required Bicycle Spaces
Use	Minimum Number of Racks
Residential (1-4 units)	0
Residential/Multi-Family (5 or more units)	1 per building up to 20 units, plus 1 additional rack for every additional 20 units or fraction thereof within the same building
Retail	For sites that abut or include a path shown on most recent Connectivity Plan: 2 per 50,000 square feet. For uses where more demand for bicycle parking is anticipated, the Planning Director may require up to 5 additional racks. For other sites: 0
Office	2, plus 1 additional rack per every 100,000 square feet or increment thereof over 75,000 square feet
Public or Private Park, or Amenity Center (without bike paths or shared-use paths)	2, plus 1 per every 10 acres or increment thereof over 10 acres
Public or Private Park, or Amenity Center (with bike paths or shared-use paths)	2, plus 1 per every 5 acres or increment thereof over 10 acres
Public Use or Facility (other than park)	2, plus 1 additional rack per every 100,000 square feet or increment thereof over 75,000 square feet
Restaurant Full-Service	1
Restaurant Limited Service, Bakery, or Coffee Shop	1

Figure 3.4.2-2: Bicycle Rack

Bicycle parking facilities shall be racks or lockers anchored to prevent movement or theft. Each space designated for bicycle parking shall be designed to accommodate at least the minimum number of bicycles identified in Table 3.5.2-2 [3.4-2]. Bicycle parking facilities shall, at minimum, be a bike rack with the ability for a user to lock one wheel and the frame to the rack, with the user providing the lock and chain. Bike racks shall provide a minimum of four (4) spaces per rack.

Access to the use being served by the bicycle parking facility shall be as close to a primary public or shared entrance as possible, and at a minimum as convenient for users of bicycle parking as the most convenient automobile parking without interfering with pedestrian or vehicular traffic.

In multi-tenant commercial centers, bicycle parking may be consolidated in a central location but shall in all cases be available to each tenant, either on the same property or accessible through a cross-access easement or shared-use agreement.

Parking garage function and design.

Spaces and drive aisles provided in a parking garage must meet the same dimension and general layout requirements as surface parking (see Subsection 3.4.2.I below).

The exterior of any parking garage shall include facades on all sides facing a public or private street or Right-of-Way, or driveway that functions as a private street, that match the exterior materials and level of design used on the primary building on the lot, the largest building on an abutting lot, or an alternative design that complies with Section 3.4.3 Residential Design Standards (see Figure 3.5.2-2).

Figure 3.5.2-2: Examples of Parking Garage Facade Design

Figure 3.5.2-3: Garage Perimeter Landscaping

All sides of a parking garage that face a public or private street or Right-of-Way, or driveway that functions as a private street, or Pedestrian Path that connects the garage to a common area or area open to the public or to a street or driveway, shall include landscaping beds a minimum of five (5) feet deep as measured from the face of the garage. When required, landscape beds shall run the entire length of the garage face excluding vehicular or pedestrian garage entrances and exits (see Figure 3.5.2-3).

The highest parking surface of a parking garage shall not extend above a plane that is ten (10) feet below the highest occupiable space (not including service rooms, elevator penthouses, or rooftop stairwells) of the tallest building on the same lot or an abutting lot.

Parking space design details. Each standard off-street surface parking space size shall be in accordance with the design standards as shown in the most recently adopted Technical Manual. All drive aisles must meet the City's Fire Code requirements.

(Ordinance 475 adopted 6/28/22)

§ 3.4.3 Single-family residential design standards.

Purpose.

The purpose of establishing standards for residential design is to protect the value of existing properties by ensuring that all new or reconstructed low-density residential dwellings are built to uniform minimum standards of quality and appearance.

This subsection 3.4.3 is not intended to dictate the design or architectural style of residential dwellings.

Single-family residential design standards.

Applicability.

(i)

This section applies to all construction of Single-Family Residential, Detached and Duplex dwellings (treated as one residential structure for design standards) other than detached single-family constructed in the AG district.

(ii)

Single-Family Residential, Detached and Duplex dwellings constructed before adoption of this UDC are not subject to this section unless the dwelling is rebuilt, remodeled, expanded, or a combination thereof, beyond fifty percent (50%) of the square footage of the dwelling constructed before the adoption of this UDC.

Modular or industrialized housing. Modular or industrialized housing shall meet the following requirements:

(i)

The Modular or industrialized housing meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.

(ii)

The Modular or industrialized housing conforms to all applicable zoning standards for the respective zoning district.

(iii)

The Building Official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Texas Occupations Code § 1201).

(iv)

The Modular or industrialized housing is placed on an approved platted lot.

(v)

Per the Texas Occupations Code § 1202.253 [1202.252], single-family and duplex Modular Homes shall:

(1)

Have a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred (500) feet of the lot on which the Modular Home is proposed to be located, as determined by the most recent county certified tax appraisal roll;

(2)

Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the Modular Home is proposed to be located;

(3)

Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and

(4)

Be securely affixed to an approved permanent foundation.

(vi)

For purposes of above subsection, "value" means the taxable value of the modular or industrialized housing and the lot after installation of the housing as determined by the appraisal district.

Additional incentive for use of masonry.

(i)

A dwelling constructed under this subsection 3.4.3 that provides at least eighty percent (80%) Masonry construction on any side visible from a public or private street may utilize one of the following exceptions:

(1)

A ten (10) foot shallower front setback (see subsection 3.4.1) if the lot is accessible by alley or side street; and

(2)

Credit for six (6) caliper inches of trees required at time of construction.

(ii)

A dwelling that provides hundred percent (100%) Masonry may claim both credits under this subsection 3.4.3.B.2 [3.4.3.B.3].

High-quality features.

(i)

Each dwelling that is 2,000 square feet or less in total footprint shall provide five (5) or more of the features listed in Table 3.4-3 below, at least three (3) of which must be visible from the public or private street that provides access to the dwelling.

(ii)

Each dwelling that is between 2,000 and 5,000 square feet in total footprint shall provide seven (7) or more of the features listed in Table 3.4-3 below, at least five (5) of which must be visible from the public or private street that provides access to the dwelling.

(iii)

Each dwelling that is 5,000 square feet or greater in total footprint shall provide nine (9) or more of the features in Table 3.4-3 below, at least seven (7) of which must be visible from the public or private street that provides access to the dwelling.

Table 3.4-3: Single-Family Residential High-Quality Design Feature Menu
(i) Front wall articulation providing an offset of at least ten percent (10%) of the wall height every fifteen (15) linear feet.	(ii) One hundred percent (100%) Masonry on any side of the dwelling visible from a public or private street.	(iii) Facades constructed of one or more Masonry Alternatives, as long as the combined area of such elements does not exceed twenty percent (20%) of any facade.
(iv) Upgraded driveway surface (i.e., salt finish, exposed aggregate, brick or stone paver, concrete with stain mixed in (not applied), permeable concrete or pavers, or similar).	(v) Architectural focal point such as a chimney, tower, window pattern (must utilize windows covering ten percent (10%) or more of the front or side elevation).	(vi) Supportive or structural columns (not pilasters) measuring at least eight (8) inches in width and extending at least 50% of the height of the dwelling along the same elevation.
(vii) One or more bay windows measuring at least forty (40) square feet each in total window surface.	(viii) Brick or stone accent covering at least twenty percent (20%) of one or more elevations.	(ix) Covered front or side porch at least eight (8) feet in depth and at least twenty-five percent (25%) of the elevation width
(x) Standing seam metal roof accent covering between five (5) and fifteen percent (15%) of the roof surface.	(xi) No repeated or reversed elevations within any cluster of six (6) or fewer houses (i.e., "cookie cutter")	(xii) Transom window over front entryway extending the width of the front door.
(xiii) Full-width window shutters on two or more windows, provided shutters are made of treated or painted cedar or cementitious fiber (not plastic or vinyl shutters)	(xiv) Eight (8) foot height front door.	(xv) Double front doors.
(xvi) Arched entryway with molded accent in a contrasting color.	(xvii) One (1) or more dormer windows on a second floor.	(xviii) Three (3) or more decorative brackets on one elevation.
(xix) Decorative banding or molding along seventy-five percent (75%) or more of facades facing a street.	(xx) Soldier course along all windows and garage doors on one or more elevations.	(xxi) Side or rear entry garage where the face of the garage is located entirely behind the front plane of the house.
(xxii) Back yard enhancement, such as a kitchen, living area, cabana, grotto, or similar. At least one feature must measure 200 square feet or more in hard-surface area to qualify.	(xxiii) Decorative brick pattern (i.e., herringbone, basketweave, diamond, or similar) covering fifteen percent (15%) or more of one or more elevations.	(xxiv) Corner features, projections, or contrasting quoins on all street-facing elevations.
(xxv) Alternative energy system with a capacity to produce at least one (1) kilowatt of energy per 1,000 square feet of conditioned floor area	(xxvi) Rainwater harvesting system with a capacity of at least one thousand (1,000) gallons.	(xxvii) Additional landscaping covering at least five percent (5%) of the gross lot acreage.

[4.1] The images below depict examples of conforming features on a Single-Family Residential dwelling.


1.	Facade Articulation	2.	100% Masonry (stucco)	3.	Transom Window over Front Door	4.	Full-Width Window Shutters
5.	Double Front Doors	6.	8' Front Doors	7.	Dormer Windows


1.	Columns	2.	20% Brick Accent	3.	Covered Porch
4.	Transom Over Front Door	5.	Window Shutters	6.	Dormer Windows

For duplexes, the measurement of total footprint includes both units so that the dwelling is considered one unit for the purposes of calculating the requirements of this Subsection 3.4.3.

Only one (1) credit may be claimed per item provided (i.e., providing two types of back yard enhancements does not result in two credits, providing more than 40 square feet of bay windows does not result in two credits, etc.).

Amenity and sustainability features. Each Detached Single-Family Residential or Duplex Subdivision, which for these purposes shall mean a development composed of ten (10) or more residential lots or units shall provide a minimum number of the following features in Table 3.4-4: Single-Family Residential High-Quality Amenities Menu as indicated in each heading:

Table 3.4-4: Single-Family Residential High-Quality Amenities Menu
(i) For one hundred (100) or more units, per each one hundred (100) units or increment thereof, provide a dog park at least one-eighth (1/8) acre and a dog park at least one-quarter (1/4) acre for small and large dogs, respectively.	(ii) For one hundred (100) or more units, per each one hundred (100) units or increment thereof, construct walking or jogging paths a minimum of ten (10) feet in width and equivalent to one-half (1/2) mile of path for each one hundred (100) units or increment thereof. A development abutting an existing public path may claim credit for this option if at least sixty percent (60%) of units are within 1,000 feet of a path entrance.
(iii) For development composed of ten (10) or more residential lots or units, provide outdoor recreation spaces owned and maintained by an HOA, other than paths, containing at least three (3) or more features such as all-weather furniture, gardens, BBQ grills, fire pits, pergolas, arbors, playgrounds, sports courts, play fields or sports fields which may include sand volleyball pits, interactive water features such as spray grounds, lazy rivers, and community swimming pools. Amenities not specifically listed may be considered on a case by case basis by the Planning Director.	(iv) For development composed of ten (10) or more residential lots or units, provide a common area landscaping plan that makes use of native, drought-tolerant plants that do not require in-ground irrigation. In lieu of sod or turf, drought-resistant plantings may be combined with coordinated Hardscapes sealed by a landscape architect for the purpose of fulfilling this option.
(v) For development composed of ten (10) or more residential lots or units, use of at least fifty percent (50%) of the site according to Texas Parks and Wildlife Management Recommendations for Native Insect Pollinators in Texas, as a certified Texas Wildscape, Monarch Waystation, or similar third-party designation approved by the Planning Director as indicating consistency with City environmental conservation goals.	(vi) For development composed of ten (10) or more residential lots or units, provide Wi-fi internet access in all common areas such as the clubhouse, pool, walking paths, and fitness area.
(vii) For development composed of ten (10) or more residential lots or units, provide one (1) electric vehicle charging station per twenty-five (25) units or increment thereof. At least one (1) charging station must be accessible to all residents to fulfill this option.	(viii) For development composed of ten (10) or more residential lots or units, preserve in a natural condition at least fifty percent (50%) of any site within the Barton Creek or Little Barton Creek watershed.
(ix) For development composed of ten (10) or more residential lots or units, preserve in a natural condition at least fifty percent (50%) of any site identified as confirmed golden-cheek warbler habitat (re: Figure 3-10 Bee Cave Comprehensive Plan)	(x) (Reserved)

Garage standards.

Minimum interior dimensions. All provided garages shall measure twenty-two (22) feet by twelve (12) feet of unobstructed space per garage bay.

Figure 3.4.3-1: Recessed Garage Door

Minimum garage door offset from front building plane. The garage face of all front-facing garage doors may not project more than five (5) feet from the longest front building plane and the surface of the garage door must be recessed at least twelve (12) inches from the garage face (see Figure 3.4.3-1).

Minimum rear garage setback. Attached, front-loading garages measuring twenty (20) feet in height or less and that are recessed a minimum of five (5) feet from the longest front wall plane may reduce the rear setback to a minimum of ten (10) feet from the rear property line. Garages that fewer than twenty (20) feet, but not recessed a minimum of five (5) feet from the longest front wall plan or are taller than twenty (20) feet must be set back the same distance as the primary dwelling from the rear lot line. Detached garages must comply with subsection 3.4.9.

Garage door treatments. Any garage door visible from a public or private street must utilize three (3) or more of the following treatments:

(i)

Stained or treated cedar clad doors

(ii)

Double doors with separator column finished in the same material as the face of the dwelling

(iii)

Two (2) or more decorative windows utilizing arched or rounded forms, mullions, or similar features

(iv)

Decorative hardware such as door pulls, hinges, or similar

(v)

Decorative contrasting trim around the garage door framing, such as crown molding

(vi)

Decorative reveals, texture, cross-bracing, patterning, or similar

Side-entry garage wall planes.

(i)

Side entry garages with an exterior wall facing the front yard must have at least one (1) window provided for every ten (10) feet of wall plane.

(ii)

Side entry garages must conform to the setback and driveway radius dimensions of Figure 3.4.3-2.

Figure 3.4.3-2: Required Driveway Dimensions for Side-Entry Garage

(iii)

Side entry garages must sit entirely along or behind the front plane of the dwelling (see Figure 3.4.3-3).

Figure 3.4.3-3: Side-Entry and Rear Garage Placement

(Ordinance 475 adopted 6/28/22)

§ 3.4.4 Multi-family residential design standards.

Applicability. This section applies to all construction of residential dwellings other than Single-Family Residential, Detached or Duplex dwellings (see subsection 3.4.3). For solely residential buildings in mixed use districts, residential standards apply; for mixed use buildings in mixed use districts, the design options from multi-family and non-residential may both be used to fulfill the amenity and design option requirements prescribed by the non-residential standards.

Elements required on all buildings. All high-density residential development shall meet the following base standards, as applicable:

Stairwells between floors and corridors providing access to units shall be placed in the interior of the building and shall not be visible with the exception of the exit doors and may or may not be conditioned.

A minimum of 75% of all units must provide balconies or patios containing at least fifty (50) square feet in size and shall be a minimum of five feet (5') in depth.

A minimum of seventy-five percent (75%) of required parking shall be covered by an enclosed garage, structured parking garage, or carport. The design and material used for carports shall coordinate with those used for the residential buildings. This percentage may be reduced or waived by the Director for projects receiving a density bonus per section 3.4.4.E.4.

Units with an exterior wall that faces a street with a classification of Collector or Arterial shall provide double-pane glass windows, sound-deadening material, or other measure that prevents sound levels from exceeding the ambient decibel level in units that do not face such a street.

Open space requirement.

(i)

Not less than half of the pervious area of the development, excluding setbacks, reirrigation fields, detention ponds and areas of steep slopes shall be devoted to open space containing passive or active recreational facilities such as lawns, paths, courtyards, BBQ pits, game areas, dog parks, and swimming pools, with any amenities generally concentrated in the center of the development or dispersed to be equally convenient to each building. Developments within a 1/4 mile of City of Bee Cave park may request, and the Planning Director may approve payment of a fee in lieu pursuant to the City's adopted fee schedule.

(ii)

The development must provide a connection to all abutting paths shown on the most recent Bee Cave Connectivity Plan.

Minimum required amenity and design options.

Each building must have the same number of features as other buildings in the development (e.g., if two (2) features are required, each building must have two (2) features).

Each development with eight (8) or fewer units must provide two (2) or more features from each category listed subsection 3.4.4.E.6 at the time a Certificate of Occupancy is issued.

Each development with nine (9) to fifty (50) units must provide three (3) or more features from each category listed subsection 3.4.4.E.6 at the time a Certificate of Occupancy is issued.

Each development with fifty-one (51) to one hundred fifty (150) units must provide four (4) or more features from each category listed subsection 3.4.4.E.6 at the time a Certificate of Occupancy is issued;

Each development with one hundred fifty-one (151) to three hundred (300) units must provide six (6) or more features from each category listed subsection 3.4.4.E.6 at the time a Certificate of Occupancy is issued;

Each development with more than three hundred (300) units shall provide seven (7) or more features from each category listed subsection 3.4.4.E.6 at the time a Certificate of Occupancy is issued.

Only one (1) credit may be claimed per item provided.

Request for substitution of new or alternative options. The applicant may request an item not listed in subsection 3.4.4.E.6 using the process listed in subsection 3.1.8.

Density bonus options.

The density bonus options provided in this section shall be calculated based on the by-right density allowable in the applicable district per subsection 3.4.1.

Density bonuses may be applied cumulatively to a development.

Amenity and design incentive. A development that provides two (2) additional High Quality Design features from subsection 3.4.4.E.6, including 100% masonry or masonry alternative may request one (1) of the following incentives to be applied at the Site Plan phase:

(i)

Reduce required covered parking by ten percent (10%).

(ii)

Increase density by one (1) dwelling unit per acre in R-3 or two (2) dwelling units per acre in R-4 and R-5.

(iii)

Reduce the open space area required by subsection 3.4.4.B.5 from fifty percent (50%) to forty-five (45%) percent.

Workforce housing incentive. A development that reserves at least fifty-one percent (51%) of units for residents with incomes at eighty percent (80%) or less of AMI through a management program with state oversight may qualify for the following additional density bonuses:

(i)

Increase density in R-4 or MU-C by five (5) dwelling units per acre;

(ii)

Increase density in R-5 or MU-TC by seven (7) dwelling units per acre;

Structured parking incentive. A development that provides structured parking for a minimum of ninety percent (90%) of the required off-street parking may receive the following additional density bonus:

(i)

Increase density in R-4 by one (1) dwelling unit per acre;

(ii)

Increase density in R-5 by two (2) dwelling units per acre.

Amenity and design features. Each development shall provide the following features based on the number of dwelling units as indicated in subsection 3.4.4.C:

Table 3.4-5: Multi-Family Residential High-Quality Design Feature Menu
(i) One hundred percent (100%) Masonry on all facades of all buildings visible from a public or private street, and interior driveways that function as a private street, driveway, or fire lane and provide direct access to individual units.	(ii) Awnings or canopies on at least fifty percent (50%) of windows. Windows recessed into patios and balconies may count towards this option.
(iii) Use of Masonry Alternatives on no more than twenty percent (20%) of any facades; provided that all buildings visible from a public or private street, including interior driveways, have a consistent appearance and use of such materials.	(iv) Corner treatments on all buildings consisting of at least one (1) change in slope (for hipped or gabled roof) or non-horizontal element (for flat roof) per corner, a horizontal cornice projection of at least eight (8) inches, bracketed eaves, or similar treatment. The corner treatment must extend at least ten percent (10%) of the length of building elevation (see Figure 3.4.4-1).
	Figure 3.4.4-1: Example of Corner Treatment with Articulation and Wraparound Balconies
(v) Vertical offsets on all buildings with a flat roof that are equal to 3% of the wall height. No section of flat roof shall maintain the same plane for a distance that exceeds twenty-five percent (25%) of the horizontal wall length (see Figure 3.4.4-1).	(vi) Corner or wraparound balconies on each floor of each building (see Figure 3.4.4-1).
(vii) At least seventy-five percent (75%) of windows include decorative features such as multi-pane or mullioned glass, arched forms, painted or treated cedar or cementitious fiber shutters, brick soldier course, or similar.	(viii) Use of standing seam metal roof or terra cotta tile material on hipped or gabled roof.
(ix) Horizontal articulation, minimum 4' offset at an angle or arc between 45 and 135 degrees to the wall plane	(x) Use of a muted, earth-toned color palette for all building materials.
(xi) Provide secure bicycle room, including a bicycle repair station, bicycle racks and similar amenities with one (1) space per unit, with each space being two (2) feet wide by six (6) feet long and adjacent to a minimum five (5) foot aisle.	(xii) Incorporate a rooftop terrace, green roof or roof deck for twenty-five percent (25%) of the footprint of buildings containing residential units.

Table 3.4-6: Multi-Family Residential High-Quality Amenities Menu
(i) Large and small dog parks that are one-eighth (1/8) and one-quarter (1/4) acre per each one hundred (100) units or increment thereof.	(ii) Construction of walking or jogging paths a minimum of ten (10) feet in width and equivalent to one-half (1/2) mile of path for each one hundred (100) units or increment thereof. A development abutting an existing public path may claim credit for this option if at least sixty percent (60%) of units are within 1,000 feet of an entrance or path head.
(iii) Fenced and sodded yards for at least fifty percent (50%) of ground floor units equivalent to seventy-five (75) square feet in area.	(iv) Wi-fi internet access provided in all common areas such as the clubhouse, pool, walking paths, and fitness area
(v) App-enabled functionality that controls door locks, lighting, thermostat, appliances, and allows communication between residents and management to report problems.	(vi) Ten-foot (10') floorplates in all units.
(vii) In-unit washer and dryer connections	(viii) A minimum of 1000' SF of meeting rooms and/or co-working space available for tenant use.
(ix) An on-site pool for tenant use.	(x) An on-site playground
(xi) An on-site multi-purpose sports court.	(xii) Reserved

Table 3.4-7: Multi-Family Residential Technology and Sustainable Design Feature Menu
(i) Smart technology installed in units allowing ability to control lights and thermostats that reduces energy loads during the day or during times or peak energy usage.	(ii) On-site alternative energy system producing at least twenty-five percent (25%) of the average energy consumed by the high-density residential development.
(iii) The site is certified as a Texas Wildscape or Monarch Waystation, according to Texas Parks and Wildlife Management Recommendations for Native Insect Pollinators in Texas, or similar third-party designation approved by the Planning Director as indicating consistency with City environmental conservation goals	(iv) Single-steam [Single-stream] recycling program available to every resident.
(v) One (1) electric vehicle charging station per fifteen (15) units. And at least one (1) charging station per twenty-five (25) units must be accessible to all residents and visitors to fulfill this option.	(vi) Preserve in a natural condition at least forty percent (54%) [sic] of any site within the Barton Creek or Little Barton Creek watershed. Any required WQBZ shall count towards the 40%.
(vii) Stormwater or grey water reclamation for on-site reuse equivalent to one hundred percent (100%) of design irrigation volume.	(viii) LED lighting of all interior common spaces.
(ix) Use of high-albedo materials to reduce heat island effect, defined as use of roof products that reflect at least seventy-eight percent (78%) of sunlight (or a solar reflectivity index of at least 78) for roofs with a pitch of less than or equal to 2:12 or twenty-nine percent (29%) of sunlight (or a solar reflectivity index of at least 29) for roofs with a pitch greater than 2:12.	(x) Reserved

(Ordinance 475 adopted 6/28/22)

§ 3.4.5 Non-residential and mixed-use design standards and incentives.

Purpose and intent.

Non-Residential and Mixed-Use development by its nature is highly visible and accessible to the public, which necessitates thoughtful and high-quality design. The high-quality design standards established in this section are designed to preserve the functionality and value of Non-Residential and Mixed-Use development.

Mixed-Use development creates walkable and vibrant areas that blend a variety of zoning categories within one development or block, though a residential component is critical to the long-term sustainability of the district. In addition to Multi-Family Residential, an effective mixed-use building or complex of buildings may incorporate restaurants, retail, office, civic, and institutional uses in a way that maximizes space and amenities and is harmonious with surrounding development.

This Section 3.4.3 [3.4.5] is intended to ensure that all Non-Residential and Mixed-Use buildings and developments are compatible with the architectural character and design as described within the Comprehensive Plan in terms of style, mass, material, height, roof design, and other exterior elements.

The intent of this Section 3.4.3 [3.4.5] is not to limit use of innovative, high-quality materials, the use and application of legitimate architectural principles, or impose requirements that hinder the functionality of buildings, but rather to ensure consistency and predictability by providing for minimum standards of quality and the flexibility to facilitate creative architectural expression within an appropriate context.

Applicability.

All construction within Non-Residential districts (CR; P; and PDD with non-residential underlying uses) and Mixed-Use districts (MU-N; MU-C; MU-TC; and PDD with Mixed-Use underlying uses) shall comply with this section.

For solely residential buildings in mixed use districts residential standards apply, for mixed use buildings in mixed use districts the design options from multi-family and non-residential may both be used to fulfill the amenity and design option requirements prescribed by the non-residential standards.

In addition to minimum requirements applicable to all developments, it is the intention of this Section 3.4.3 [3.4.5] that developments that provide additional features and amenities above the minimum required be eligible for credits or bonuses related to land use, including certain height and density bonuses as specified in subsection E.

Elements required on all buildings.

Building orientation. Any building within view of a public or private Right-of-Way, street, or common drive access which functions as a street shall either face such Right-of-Way or street or shall have a facade facing such Right-of-Way or street consistent with the character of the front or primary facade.

Front facade entry.

(i)

A front facade must be articulated and designed to present a distinctive entry presence to the public and to emergency responders, emphasizing the building's entry point along the facade.

(ii)

The entryway must be designed so that the primary entrance is architecturally prominent and clearly visible from the abutting street and nearest parking area.

Pedestrian shelter. Buildings shall provide weather and sun protection in the form of awnings, canopies, porticos, recesses, or other similar elements integrated with the building form along a minimum of twenty-five percent (25%) of all building frontages adjacent to or facing the street or any abutting parking area, with a maximum shelter height of fifteen (15) feet.

Wall and roof articulation. To avoid the appearance of a flat wall or roofline, facade depth and height articulation is required on any facade of a building that faces a public or private Right-of-Way, street, or common drive access that functions as a street, per the following:

(i)

Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building facade length. Depth articulation applies only below the roofline (see Figure 3.4.5-1).

Figure 3.4.5-1: Depth Articulation (Plan View Looking Down)

(ii)

Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building facade length. Pitched roofs do not require height articulation (see Figure 3.4.5-2).

Figure 3.4.5-2: Height Articulation (Elevation View Looking Forward)

(iii)

Vertical and horizontal articulation should be combined to create a facade with architectural variety and depth (see Figure 3.4.5-3). The regulations in this subsection 3.4.5.C.4 are not intended to prescribe a formula for building design but rather to prevent the use of excessively flat roofs and facades.

Figure 3.4.5-3: Example of Building Facade and Roof Articulation

Roof design standards.

(i)

All structures shall be constructed with a pitched roof, flat roof (pitch less than or equal to a ratio of 2:12) with a parapet, or combination thereof.

(ii)

All flat roof surfaces shall be screened so that the actual roof surfaces and rooftop equipment are not visible from ground level.

(iii)

Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level.

(iv)

For the purpose of this paragraph, "visible from ground level" is defined as capable of being seen at a height of six (6) feet while standing at the highest grade that intersects the property line.

Windows.

(i)

To provide security, light, and visibility to and from the street, buildings shall provide glazing on a minimum of thirty-five percent (35%) of the linear ground floor frontage and twenty-five percent (25%) of the linear floor frontage for each floor above the ground floor on all sides of a building that face a public or private Right-of-Way, street, or common drive access that functions as a street.

(ii)

Reflective glass is prohibited; glass shall not have solar reflectance that exceeds twenty percent (20%).

(iii)

Glass shall have a character of transparency. Tinted glass may be used, provided the tinting shall not reduce the light transmission to less than thirty-five percent (35%). Spandrel glazing or non-transparent windows shall not be used for more than twenty percent (20%) of windows on a building.

(iv)

Windows shall be individually defined with detailed elements such as frames, sills, and lintels and be placed to visually define the building stories.

(v)

Curtain wall and other glass systems having the appearance of a full glass wall are limited to sixty percent (60%) of any single elevation and may not exceed twenty-five percent (25%) of a single elevation without interruption by a contrasting architectural element such as a column, pilaster, or other feature having a width equal to at least fifty percent (50%) of the curtain wall or glass wall element.

Detached canopies.

(i)

Any canopy used for weather protection of a non-residential use, such as gas pump stations, shall display a level of architecture similar to the primary building or buildings on the site.

(ii)

At a minimum, the roof supports and roof of the canopy shall match the primary building in its level of detail, construction, and style.

(iii)

This requirement does not apply to moveable shade structures such as umbrellas or temporary shade devices used in connection with a temporary event or use.

Minimum elements needed for approval.

Each building in a development must provide at least the minimum number of architectural features from subsection 3.4.5.F (as specified in 3. below) based on the Gross Floor Area of that building.

Each development must provide at least the minimum number of site design elements from subsection 3.4.5.G and sustainability elements from subsection 3.4.5.H (as specified in 3. below) based on the Gross Floor Area of all buildings in the development.

To qualify for approval under this subsection 3.4.3 [3.4.5], a development must provide the minimum required number of features from the categories shown below. The number of features required for subsection 3.4.5.F is calculated based on the square footage of the individual building to which it applies. The number of features required for subsections 3.4.5.G and 3.4.5.H are based on the aggregate square footage of the development.

(i)

A building that is 25,000 square feet or less must provide at least four (4) features in both subsections 3.4.5.F and 3.4.5.G and two (2) features from subsection 3.4.5.H.

(ii)

A building that is between 25,000 and 50,000 square feet or less must provide at least six (6) features in both subsections 3.4.5.F and 3.4.5.G and two (2) features from subsection 3.4.5.H.

(iii)

A building that is 50,000 square feet or more must provide at least eight (8) features in both subsections 3.4.5.F and 3.4.5.G and three (3) features from subsection 3.4.5.H.

Incentives for providing additional features above minimum required.

A development that exceeds the minimum required features in at least two categories may request an additional ten (10) feet of maximum height.

A development that provides all features in at least two categories may request an additional fifteen (15) feet of maximum height.

Development within the Hill Country Overlay (subsection 3.4.6) is not eligible for density or height bonuses.

High-quality design elements.

Table 3.4-8: Nonresidential and Mixed-Use High-Quality Design Feature Menu
1. Use of primary Masonry (brick, limestone, granite, true stucco) for a minimum of 75% of the exterior facade excluding windows and secondary Masonry (applied brick or stone, EIFS, architectural metal panels) or Masonry alternative such as glass curtain or treated wood for the remaining exterior facade. Glass shall be limited to 50% of the total square footage of all exterior facades.		2. Canopies, awnings, arbors, or porticos; 6 ft. minimum depth.
3. Roof overhangs, cornice projections, or eaves, minimum 2 ft.
4. Additional wall insets or projections above the minimum required.		5. Arcade or Colonnade, minimum 8 feet in height and spanning at least fifty percent of the length of a street-facing facade.
6. Arched Forms (prominent or repeating)		7. Outdoor Patios at least 250 square feet and exclusive of sidewalks
8. Display Windows at least seven (7) feet in height and measuring no more than thirty-six (36) inches from the ground.		9. Artistic architectural details such as friezes, tile work, murals, 3-D brick patterns, or moldings.
10. Integrated planters or knee walls with landscape and sitting areas.		11. Offsets, reveals, pilasters, projecting ribs, or other 3-D features incorporating or suggesting architectural or structural members
12. Other contrasting detailing such as banding along fifty percent (50%) or more of the building exterior or mottled brick on fifty percent (50%) or more of the masonry surface.		13. Enhanced exterior light fixtures such as wall sconces, light coves with concealed light sources, non-directional or indirect light strips, or decorative pedestal lights in conformance with Section 6.1 [6.2].
14. Prominent three-dimensional building features, such as belfries, clock towers, domes, spires, steeples, or other tower elements extending at least 20% higher than the average of the abutting roof line up to five feet (5') over the maximum building height.		15. Curved, concave, or convex wall, roof, or corner forms on one or more facades or building corners.

Site design elements.

Table 3.4-9: Nonresidential and Mixed Use Site Design Features Menu
1. In a district other than MU-TC, placement of at least fifty percent (50%) of the parking area on the same lot to the side or rear of all buildings or have no more than one double-loaded row of parking between the building and the street.	2. Arrange parking so that at least fifty percent (50%) of street frontage that does not abut a building face (i.e., a portion of the building with no parking between it and the public or private right-of-way line) abuts open space.
3. Useable Open Space. Designate ten percent (10%) or more of the site or total development as shared access usable open space with at least one street frontage, and with a minimum dimension of fifty (50) feet and containing items such as seating, water features, seasonal plantings in decorative planters, decorative bollards, textured paving, living wall, mural, decorative lighting, trash receptacles, USB charging stations, available public water for people and for pets, electrical hook-ups to allow programming, or a comparable amenity proposed by the developer. Useable Open Space shall not include any paving designed to convey motor vehicles, parking lot tree islands, the building footprint, areas containing above-ground utilities, required landscaping, gated or private open space not accessible to the general public.	4. Complementing or "mirroring" a feature of an adjacent development through framing, connected open space, landscaping patterns, street design, pavement, sidewalks, building layout, or other substantial feature beyond the minimum City requirements.
5. Provide patios for outdoor dining equivalent to five percent (5%) of the site or thirty percent (30%) of planned restaurant dining area.	6. Provide a Parking Reclamation Plan to convert future unneeded parking into value-add space such as buildings or parks. At a minimum, the plan must address circulation, pedestrian connections, utilities, and drainage.
7. Extra-wide sidewalks (15 feet or more) along the front facade of each building.	8. Arrange Useable Open Space so that no boundary of the open space faces an off-street parking area.
9. Provide public art equivalent to one percent (1%) or more of overall project cost.	10. Provide additional off-street connections with neighboring properties other than those properties within the development.
11. Utilize decorative pavement for 25% or more of Hardscape, including stamped concrete or pavers. Applied patterns are not acceptable except for use as public art.	12. Provide at least one entryway feature such as a monument or archway that is not used for advertising any tenants, but which may display the name of the development or the City.
13. Provide landmark feature such as a roundabout, strazza (a curbless street section that can be closed to vehicle traffic and utilizes a free mixture of vehicles and pedestrians through pavement design and traffic calming), clock tower, fountain or aerated pond, or promenade	14. Provide direct public sidewalk access (from a sidewalk within a public or private right-of-way) to the primary or front entrance of all buildings.
15. Designate a feature building on a view axis framed by additional buildings or trees (must provide at least 20% vertical building articulation to complete framing effect)	16. Locate all drive-thru lanes and windows behind or to the sides of all buildings and not between the public or private right-of-way and the front of the building or an open space.
17. Increase provision of shrubs by at least twenty-five percent (25%) over minimum requirements, including native plantings and flowers with seasonal color and locate within beds or permanent metal or clay-fired planters either: within 20 feet of the front building facade; or clustered in gardens accessible to the public.	18. Use of one or more decorative bridges, which may include bridge culverts, that are integrated with a water feature which may be a detention/retention pond. The bridge should conform to and be a coordinated element of an established design motif used throughout the development's common areas by employing natural stone or brick veneer, wrought iron railings, downward-directed lighting, and decorative insets. The development should be laid out such that decorative bridges can be seen from multiple viewing angles and are designed for convenient pedestrian access.

Sustainability elements.

Table 3.4-10: Nonresidential and Mixed-Use Sustainability Features Menu
1. Altering the topography and elevation of the site by no more than four (4) feet across eight percent (80%) of the site	2. Design the development to achieve at least one net zero certification following construction from the following: carbon emissions, energy-use, water-use, or waste. Provide third-party certification that the design qualifies to receive certification
3. Preserving at least thirty-five percent (35%) of the site in its natural, unaltered, state	4. Provide at least four (4) square feet of residential space for each one (1) square foot of retail within the development
5. Use of at least fifty percent (50%) of the site according to Texas Parks and Wildlife Management Recommendations for Native Insect Pollinators in Texas, as a certified Texas Wildscape, Monarch Waystation, or similar third-party designation approved by the Planning Director as indicating consistency with City environmental conservation goals	6. Preserve in a natural condition at least fifty percent (50%) of any site identified as confirmed golden-cheek warbler habitat (re: Figure 3-10 Bee Cave Comprehensive Plan)
7. Provide additional large trees every thirty to fifty (30 to 50) feet along south and west facing building facades.	8. Preserve in a natural condition at least fifty percent (50%) of any site within the Barton Creek or Little Barton Creek watershed
9. Incorporation of a rainwater harvesting system capable of capturing a one (1) inch rainfall event for twenty-five percent (25%) of the roof area	10. Protect at least one (1) Heritage Tree or two (2) Specimen Trees within a Useable Open Space or entryway feature.
11. Incorporation of stormwater management practices that disperse drainage and minimize the velocity of concentrated water flows through the use of check dams or landscaping, and direct sheet flow to areas of vegetation throughout the site, subject to approval by Planning Director and City Engineer	12. Provide one (1) electrical vehicle charging station for each 10,000 square feet of building area or 1/2 acre of overall disturbed area (minimum two (2) charging stations to qualify and must be in addition to other electric vehicle charging stations required under subsection 3.4.1.C [sic]
13. Use of at least two permanent natural filtration methods to treat and filter runoff: multi-layered plantings, planter boxes, bioswales, bioretention ponds, tree box filters and constructed wetlands.	14. Designate at least twenty-five percent (25%) of restroom floor area as family restroom, or nursing room
15. Use of high-albedo materials to reduce heat island effect, defined as use of roof products that reflect at least seventy-eight percent (78%) of sunlight (solar reflectivity index of at least 78) on roofs with a pitch of less than or equal to 2:12 or twenty-nine percent (29%) of sunlight (solar reflectivity index of at least 29) on a roof pitch greater than 2:12.	16. Preserve all 100-year floodplain in a natural condition
17. Use of vegetative green roof to reduce heat island effects for at least fifty percent (50%) of the entire roof surface.	18. Reclaim at least fifty percent (50%) of an existing parking lot for building or open space construction.
19. Reserved	20. Significant use of recycled or locally-sourced materials. Locally-sourced is defined as a material having its origin within one hundred (100) miles of the development.
21. Landscaping plan that makes use of native, drought-tolerant plants that do not require in-ground irrigation. In lieu of sod or turf, drought-resistant plantings may be combined with coordinated Hardscapes sealed by a landscape architect for the purpose of fulfilling this option.

Redevelopment of existing non-conforming building or development.

A proposed building or development that replaces an existing legally non-conforming building or development erected or completed prior to adoption of this UDC may be considered compliant with the requirements of subsection 3.4.5.D while reducing the respective number of minimum required items for subsections 3.4.5.F, G, and H by one (1) item from each.

The proposed building or development may eliminate an additional required item in one or both of the following situations:

(i)

Reclaiming or recycling at least ten percent (10%) of the existing building or development for use in the new building or development based on either:

(1)

The estimated gross tonnage of demolished material; or

(2)

The estimated scrap value of demolished material.

(ii)

The combined cost to demolish the existing building or development due to required remediation of environmental hazards exceeds one hundred percent (100%) of the total property value.

Assurance of mixed-use in MU-N, MU-C and MU-TC Districts.

Mix of uses. A use on the ground floor must be different from a use on an upper floor. The second floor may be designed to have the same use as the ground floor so long as there is at least one more floor above the second floor that has a different use from the first two floors.

Pedestrian-oriented commercial spaces. Along at least 75 percent of the building frontage along the street, the building must be designed for commercial uses in ground-floor spaces that meet the following standards. A lobby serving another use in the building shall not count as a pedestrian-oriented commercial space for purposes of this section.

(i)

Dimensional requirements. Each ground-floor commercial space must have:

(1)

A customer entrance that opens directly onto the sidewalk;

(2)

A depth of not less than 24 feet; and

(3)

A height of not less than 12 feet, measured from the finished floor to the bottom of the structural members of the ceiling.

Alternative for developments containing multiple buildings on a single site or within a master-planned development.

(i)

The provisions of subsections 1. and 2., above may be accomplished through the use of multiple buildings on a single site or within a master-planned development, provided no single use comprises more than fifty percent (50%) of ground floor uses, or

(ii)

If at least fifty percent (50%) of the buildings on a single site or within a master-planned development comply with the provisions of subsections 1. and 2., above, the development shall be considered compliant with this Section 3.4.5.J.

(Ordinance 475 adopted 6/28/22)

§ 3.4.6 Hill Country Overlay standards.

Intent. See subsection 3.2.16.

Applicability.

Properties within the boundaries of the Hill Country Overlay District may be developed using either the standards of the applicable underlying base district or the standards of the Overlay District.

(i)

If the base district standards are selected, the available uses shall be limited to those listed for the associated base district in Section 3.3.1 [3.3.5] (use table).

(ii)

If the Overlay District standards are selected, the available uses shall be limited to those listed for the Hill Country Overlay is Section 3.3.1 [3.3.5] (use table).

The following regulations are in addition to the underlying base district regulations found in Section 3.3 and this Section 3.4. In the event of a conflict, the regulations of the Overlay shall govern.

Buildings and site development.

Buildings. All buildings or sites shall incorporate each of the following:

(i)

Roofs must be metal with a pitch of at least 4:12.

(ii)

Buildings that abut the roadway must be oriented to face toward the roadway.

(iii)

Structures must be constructed of one hundred percent (100%) percent Masonry; however, painted wood or fiber cement in a vertical Board and Batten style or similar style may compose up to twenty-five percent (25%) of any facade.

(iv)

Sides of buildings that abut an outdoor use other than parking may be clad in up to seventy-five percent (75%) painted wood or fiber cement siding.

Parking lot landscaping. If parking for a Non-Residential use is located between the front building face and the roadway, the landscaping requirements shall be doubled.

Streetscape.

(i)

Meandering sidewalks at least six (6) feet in width must be provided to link all buildings to the adjacent streets.

(ii)

Within any required roadway buffer (see subsection 5.1.1) the developer must dedicate a pedestrian easement to the City in accordance with the City's adopted Connectivity Plan.

(iii)

No Protected Tree, Signature Tree, or Heritage Tree as described in subsection 6.1.5 shall be removed from any required Roadway Buffer (see subsection 5.1.1) unless removal is necessary to provide site access, as approved by the City Engineer and TxDOT.

(iv)

In addition to the landscaping requirements, each one hundred fifty (150) linear feet (or fraction thereof) of the required Roadway Buffer shall consist of the following planting materials:

(1)

A minimum of six (6) Large Trees, of which at least four (4) shall be evergreen trees and no single tree species shall constitute more than one-third (1/3) of all required trees;

(2)

A minimum of four (4) Small Trees; and

(3)

A minimum of thirty (30) Shrubs.

(4)

Existing trees may be used to fulfill the requirements of this subsection 3.4.6.C.3.

Rural design options. In addition to providing the minimum number of required elements in subsection 3.4.5.D, all Non-Residential or Mixed-Use buildings or sites must incorporate at least four (4) of the following elements:

(i)

A fence or screen adjacent to the right-of-way that consists of the following:

(1)

Decorative split rail fencing not exceeding three (3) feet in height adjacent to the right-of-way along the entire width of the property (excluding ingress/egress); or

(2)

A masonry wall, a minimum of three (3) feet in height, located a minimum of 25' but not more than 75' from the right-of-way along the entire width of the property (excluding ingress/egress)

(ii)

Stained wood building accents (e.g., columns, shutters, trim)

(iii)

No parking located between the building face and required roadway buffer;

(iv)

Covered porch at least ten (10) feet deep and fifty percent (50%) of the building face width (porch may extend into required buffer, must have consistent roof material);

(v)

All Hardscape in front of the building face constructed entirely of an enhanced design, such as stained concrete, pavers, or stone.

Land use. Uses shall be permitted in the Overlay as shown in subsection 3.3.5 with the following exceptions, which shall be prohibited:

Any use with a drive-through;

Gas Station;

Motorized Vehicle Sales;

Mini-Storage;

Warehousing; or

Outside Storage.

(Ordinance 475 adopted 6/28/22)

§ 3.4.7 Residential adjacency standards.

Purpose. The intent of this section is to preserve and protect the integrity of single-family residential neighborhoods, to protect the quiet enjoyment of single-family residential properties, and to maintain property values.

Applicability.

The following residential adjacency standards shall apply to all non-Single-Family Residential buildings or uses that lie within two hundred (200) feet of properties used for Single-Family Residential in the R-1, R-2, R-3, and R-4 Districts.

For purposes of the section, the two hundred (200) foot distance shall be measured from the non-single-family residential building or use to the property line of the Single-Family Residential use.

The standards contained in this Section are supplemental to all other regulations of this UDC. Where a conflict exists between this section and the UDC, the more restrictive requirement will govern.

Land uses requiring a specific use permit. The following uses will always require a Specific Use Permit when located within two hundred (200) feet of residential uses, in addition to the regulations of subsections 3.3.5, 3.4.8 and this subsection:

Animal Veterinary Office or Shelter (with Outside Yard/Kennels).

Any Use with a Drive-Through.

Day Care, Child or Day Care, Adult.

Hotel, Limited Service.

K-12 School, private.

Light Manufacturing and Assembly.

Micro Brewery or Distillery.

Outside Storage.

Warehousing.

In the event of a conflict between this subsection 3.4.7 and subsection 3.3.5, Use Chart or subsection 3.4.8, Conditional Standards, the stricter application shall apply.

Development regulations.

Roof design standards.

(i)

To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a footprint of 6,000 square feet or less shall be constructed with a pitched roof.

(ii)

Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides).

(iii)

Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, non-reflective matte finish.

Loading and service areas.

(i)

Loading and service areas shall be located at the side or rear of buildings and a minimum of fifty (50) feet from the property line of the residential use unless an alternate standard is accepted by the Director.

(ii)

Where loading and service areas are visible from the property line, a solid Masonry screening wall at least ten (10) feet in height shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This wall must screen the entire loading dock or space. Where, as determined by the Director, there is a significant difference in elevation between the residential and non-residential uses, alternative screening standards may be required or approved.

(iii)

Screening materials shall utilize similar Masonry materials to the building's facades.

Lighting. Mounting height of light fixtures shall not exceed fourteen (14) feet within fifty (50) feet of properties zoned AG, R-1, R-2, R-3, or R-4.

Landscaping. See subsection 5.1.1.

Refuse receptacles. No trash receptacles or recycling receptacles shall be located within fifty (50) feet of properties zoned AG, R-1, R-2, R-3, or R-4, unless there is no other feasible location, and the Planning Director determines the placement will not have a significant effect on the nearby residential properties.

Building setbacks and height.

(i)

No Multi-Family Residential, Mixed-Use, or Non-Residential structure shall be built within twenty-five feet (25') of the property line of a single-family residential, duplex, or townhome.

(ii)

Structures set back at least twenty-five feet (25') from the property line may be up to twenty feet (20') in height.

(iii)

Structures may increase in height from twenty feet (20') to their maximum allowable height at a rate of three feet (3') in height for every additional foot of setback starting from the required twenty-five feet (25') residential adjacency setback line. Buildings may be stepped (see Figure 3.4.7-1).

Figure 3.4.7-1: Residential Adjacency Height Slope

(Ordinance 475 adopted 6/28/22)

§ 3.4.8 Conditional standards.

Purpose and applicability.

The standards contained in this subsection 3.4.8 are intended to provide additional regulations for the uses specified herein, in addition to other design and use standards found in this Article 3.

Unless otherwise specified, the regulations and restrictions found for each use in this Section 3.4.8 do not invalidate any applicable standards found in other sections of this Article 3.

Where the use requires a Specific Use Permit, the City Council may

(i)

Apply additional conditions in addition to the regulations and restrictions found for that use in this subsection 3.4.8, and

(ii)

Modify or delete conditions contained in this subsection without triggering the requirements for a zoning variance.

Conditional uses and standards.

Accessory dwelling unit.

(i)

The Accessory Dwelling Unit (ADU) must meet all requirements of the most recent adopted Building Code for kitchen and bathroom facilities.

(ii)

An ADU is considered an Accessory Building or Structure and must meet the standards of subsection 3.4.9.

(iii)

The ADU must not have an entrance visible from the street or be accessed by a stairway visible from the street.

(iv)

The ADU must be constructed on a foundation.

(v)

The ADU may not be less than 500 square feet or more than 1,200 square feet, but in no case may be more than seventy-five percent (75%) of the size of the primary dwelling.

(vi)

At least one (1) additional parking space is required per bedroom.

(vii)

The ADU must not be sold separately from the primary dwelling or used for a commercial business operation.

Alcoholic beverage sales.

(i)

Purpose. The purpose of this section is to protect the health, safety, and morals of the City by providing for the reasonable restriction of alcoholic beverage services.

(ii)

Applicability. The sale of alcoholic beverages by a dealer whose place of business is within three hundred (300) feet of a Place of Worship, public or private school up to secondary level, Hospital, or Day Care, Child is prohibited, unless a variance is expressly approved by the City Council in accordance with Section 2(v) below.

(iii)

Measurement of distance.

(1)

The measurement of the distance between the place of business where alcoholic beverages are sold and a Place of Worship or Hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections.

(2)

The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school, or Day Care, Child facility shall be in a direct line from the property line of the public or private school, or Day Care, Child facility to the property line of the place of business, and in a direct line across intersections.

(3)

The sale of alcoholic beverages by a dealer whose place of business is located within three hundred (300) feet of a Day Care, Child facility as defined by the Texas Human Resources Code Section 42.002 and the permit or license holder does not hold a food and beverage certificate issued by the Texas Alcoholic Beverage Commission, is prohibited, unless expressly varied pursuant to the requirements of this section. This prohibition shall not apply:

(a)

If the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

(b)

If the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.

(iv)

Sale for on-premise consumption. Alcoholic beverages shall not be sold or provided for on-premise consumption except in the following circumstances:

(1)

Alcohol or mixed beverages sold within a Restaurant (Sit-Down and Takeout), Restaurant Patio, or Dance Hall, Night Club, or Live Music Venue;

(2)

Alcohol provided within the tasting room of a Brewery, Micro; Distillery, Micro, or Winery;

(3)

Alcohol or mixed beverages sold or provided within a Private Club under appropriate licensing by TABC;

(4)

Alcohol or mixed beverages sold or provided under authorization by a Special Event Permit (see Section 6.03.003 of the Code of Ordinances).

(5)

Alcohol or mixed beverages sold or provided under any other circumstances in a Mixed Use district only, shall require authorization by a Specific Use Permit.

(v)

Variances.

(1)

The City Council may allow variances to this section if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, and for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

Auto parts sales.

(i)

No parts sold on the premises shall be installed while the vehicle is parked on the premises except for normal replacement of peripheral items such as wiper blades and bulbs, and replacement of self-contained parts such as batteries not requiring any disassembly or release of fluids or materials.

Auto/vehicle repair.

(i)

No new Auto/Vehicle Repair use shall be located within three thousand feet (3,000') of an existing Auto/Vehicle Repair use.

(ii)

Vehicles parked overnight for service must be parked inside the building or in a rear yard on a hard paved surface, and screened from view of any street or adjacent property.

(iii)

There shall be no accumulation of used parts and parts may not be sold from the premises.

(iv)

Work may not be performed outside of an enclosed building.

Community home.

(i)

A Community Home must meet the following location requirements:

(1)

Must be located at least two thousand six hundred and forty (2,640) feet from another Community Home.

Electric vehicle charging stations.

(i)

Purpose. The purpose of this section is to provide design criteria and placement standards to encourage and promote safe and efficient electric vehicle charging opportunities in a full range of zones and settings for convenience of service to those that use electric vehicles

(ii)

Permitted locations.

(1)

Level-1 and Level-2 electric vehicle charging stations are permitted in all zoning districts when accessory to the primary permitted use. Installation shall be subject to building permit approval.

(2)

Electric vehicle charging stations installed for non-residential uses shall be a Level-2 or higher.

(3)

Level-3 electric vehicle charging stations are permitted in R-4, R-5, MU-N, MU-C, MU-TC, CR, P and HC when accessory to the primary permitted use. Installation shall be subject to site and building permit approval.

(4)

If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered similar to a gasoline service station for zoning purposes and shall be permitted in zoning districts that permit gas stations, subject to Section 3.4.8.B.9.

(5)

Electric vehicle charging stations are not permitted within the city right-of-way.

(iii)

Location and layout.

(1)

Electric vehicle charging stations may be placed in existing off-street parking areas but shall not reduce any landscaping within the vehicular use area required pursuant to Section 5.1.1.

(2)

Electric vehicle charging stations shall meet the landscaping requirements of Section 5.1.1., as applicable.

(3)

Electric vehicle charging stations shall not impede pedestrian amenities and circulation.

(4)

Any electric vehicle infrastructure shall be screened from view from the street in accordance with Section 5.1.2.

(iv)

Design criteria and guidelines.

(1)

Charging station outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the top of surface where mounted and shall contain a retraction device and/or a place to hang permanent cords and connectors sufficiently above the ground or paved surface.

(2)

Charging station equipment shall be maintained in all respects, including the functioning of the charging equipment. Maintenance shall be the responsibility of the property owner.

(3)

The minimum size of an electric vehicle charging space is the same as a regular parking space and shall comply with Section 3.4.2. Charging devices may be located adjacent to designated parking spaces but shall not be placed within the minimum dimensions of a parking space.

(v)

Lighting. Adequate site lighting shall existing or be installed in compliance with Section 6.2.

(vi)

Signage.

(1)

For each electric vehicle charging space one (1) non-illuminated parking sign fastened to a steel pole is permitted. The surface area of the sign shall not exceed two (2) square feet and the pole shall not exceed six (6) feet in height.

(2)

For each electric vehicle charging station:

(a)

Information shall be posted identifying the charge level, time available for use, and safety information related to the electric vehicle charging station.

(b)

A phone number or other contact information shall be posted for reporting when the equipment is not functioning, or other problems are encountered.

(c)

One (1) small scale, pedestrian level, adhesive identification graphic is allowed on the charging station and shall not exceed 144 square inches in total area.

(3)

Signage shall comply with current Manual on Uniform Traffic Control Devices (MUTCD) standards.

(vii)

Parking requirements.

(1)

Electric vehicle charging spaces that are not exclusive to a specific make or model of electric vehicle may count towards a maximum ten percent (10%) of the required minimum parking spaces for the permitted primary use.

(2)

Any electric vehicle charging space that is exclusive to a specific make or model of electric vehicle shall not count towards the required minimum parking spaces for the permitted primary use.

Fitness boot camp.

(i)

Approval is subject to the following:

(1)

Must provide permission from the property owner;

(2)

Must provide adequate parking along with setup and activity space to prevent spillover onto adjacent properties or the public right-of-way;

(3)

Class size is limited to ten (10) or fewer participants on properties that are less than two (2) acres in an R-1 — R-5 district;

(4)

Amplified music or audio is prohibited before 7 am or after 8 pm in an R-1 through R-5 district or any property abutting an R-1 through R-5 district.

Garage or estate sales.

(i)

Garage Sales and Estate Sales are permitted only in AG, R-1, R-2, and R-3 districts.

(ii)

Garage sale activities may not block any sidewalks or streets.

(iii)

No more than two (2) Garage Sales may be held at one address over a twelve (12) month period and the duration of the Garage Sale shall not exceed three (3) consecutive days. An Estate Sale held on the same property counts as one (1) Garage Sale for the purpose of this Subitem F.2 [sic].

(iv)

Signage advertising the Garage Sale or Estate Sale must comply with Section 4.2.2.C of the Sign Code.

(v)

Items sold may only be personal property.

(vi)

Sale of motorized vehicles and equipment other than yard maintenance equipment such as lawn mowers, trimmers, and blowers, is prohibited.

Gas station.

(i)

A new Gas Station shall not be approved within two thousand feet (2,000') of an existing Gas Station.

(ii)

Any new Gas Station must comply with the following:

(1)

Gasoline pumps, pump islands, canopies, or car washes must maintain a minimum setback of fifty feet (50') from any property line shared with a property zoned R-1 through R-4;

(2)

Pump islands, including any concrete footing must be located at least twenty-four feet (24') from any property line; and

(3)

The outer edge of any canopy structure must be located at least ten feet (10') from any property line.

(iii)

A Gas Station with more than six (6) gasoline pumps must provide at least two (2) EV charging stations on the same lot.

10.

Halfway house.

(i)

Only one (1) Specific Use Permit for a Halfway House will be granted within each zoning district in which a Halfway House is allowed.

(ii)

The Halfway House must be located at least one (1) mile from another Halfway House within the City, ETJ, unincorporated area, or another jurisdiction.

(iii)

The Halfway House must be located at least one (1) mile from a school or day care center or any property completely or partially within an R-1, R-2, R-3, or R-4 zoning district or a PDD that allows for single-family uses.

11.

Manufactured housing.

(i)

Manufactured Housing refers to any Mobile Home or HUD-Code Manufactured Home in accordance with Section 1201.004 of the Texas Occupations Code.

(ii)

For standards related to Single-Family Residential, Detached and Modular Homes, see subsection 3.4.3.

(iii)

Installation of a Mobile Home is not permitted under this UDC, consistent with the City's authority under Texas Occupations Code Section 1201.008.

(1)

Existing Mobile Homes may continue to be occupied if they were legally permitted at the time of installation.

(2)

An existing Mobile Home may be replaced by a HUD-Code Manufactured Home upon issuance of a permit by the Building Official.

(3)

Notwithstanding any zoning or other law, in the event that a HUD-Code Manufactured Home occupies a lot in the City, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer HUD-Code Manufactured Home and is at least as large in living space as the prior manufactured home. Except in the case of a fire or natural disaster, the owner of the HUD-Code Manufactured Home is limited to a single replacement of the manufactured home on the same property. Consistent with TLGC Section 211.018(e) and Article 8 of this UDC, the City will not permit the installation of a Mobile Home or HUD-Code Manufactured Home unit within a floodplain.

(iv)

Manufactured Housing installed under this UDC must conform to the following requirements:

(1)

Each unit may be occupied as a single-family dwelling only;

(2)

Each unit must consist of a minimum of two sections that when combined total a minimum of twenty-four (24) feet in width;

(3)

Each unit shall have a length not exceeding four times its width, with length measured along the longest axis and width measured at the narrowest part of the shorter axis;

(4)

The towing apparatus, wheels, axles and transporting lights shall be removed at time of installation and shall not be included in the calculation of any measurements specified under this subsection 3.4.8.B.11;

(5)

Units shall be oriented parallel to the street frontage where possible. In special cases, the short axis may face the road if the front door is incorporated in the unit's floor plan to be a part of the short axis;

(6)

Each unit must be skirted with a continuous, permanent masonry veneer or masonry curtain wall, unpierced except for required ventilation and access.

(v)

The exterior of each Manufactured Housing unit shall consist of one or more of the following:

(1)

Vinyl or metal siding painted or finished with a non-reflective surface;

(2)

Stained, sealed, or weatherproof cedar siding;

(3)

Weather resistant press-board siding;

(4)

Cement fiber siding; or

(5)

Stucco siding, brick, or stone veneer siding, which shall be comparable in composition, appearance and durability to the exterior siding commonly used in the standard residential construction of the surrounding neighborhood.

(vi)

The pitch of the roof shall be a minimum of 3-1/2:12 and finished with a material that meets the minimum standards of the Federal Housing Administration.

(vii)

All roof structures shall include an eave projection of no less than six (6) inches.

(viii)

Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the unit must measure a minimum of twenty-four (24) square feet, be attached firmly to the primary structure and be anchored securely to the ground.

(ix)

Stairs shall only be used in conjunction with a porch or entrance platform with a minimum of twenty-four (24) square feet. Use of stairs without a porch is prohibited at any entrance to a unit.

12.

Micro brewery or distillery.

(i)

A Micro Brewery or Distillery is only permissible when the location complies with all distance restrictions of 2. Alcoholic Beverage Sales above.

(ii)

The Micro Brewery or Distillery must include a tasting room open to the public.

(iii)

A Specific Use Permit is required in the following circumstances:

(1)

The physical size of all operations within a single building exceeds 20,000 square feet;

(2)

Live outdoor entertainment operates as an integral business with the Brewery or Distillery

(a)

Integral business means any of the following: sharing of demised space, common areas, or each use having access to the other from an area other than a public street or alley.

(3)

On-site production exceeds 10,000 barrels per year.

(4)

Food trucks operate as an integral business with the Micro Brewery or Distillery.

13.

Outside display.

(i)

Outdoor Display is allowed as an accessory use only and may not constitute a primary use on a site.

(ii)

All items displayed for sale must be displayed within an area not exceeding two hundred (200) square feet, no portion of which may be further than fifty feet (50') from a functional entrance used by the business associated with the outdoor display.

(iii)

A business with no public building or dedicated public entrance may not have an outdoor display.

(iv)

An outdoor display may not cause an obstruction to any entrance, sidewalk, driveway, or parking space.

(v)

The display area shall not extend beyond the corners of a building or any party wall between leased spaces.

(vi)

Outdoor display may be seasonal, rotating, or continual, but in all cases must be kept in a neat, orderly manner, and the display area maintained in a clean condition free of litter.

(vii)

All items displayed must be brought inside the building immediately following close of business each day.

(viii)

Outdoor Display not proposing to comply with the terms provided herein may apply for a Specific Use Permit.

(ix)

Any signage associated with Outdoor Display must be permitted in accordance with Article 4.

14.

Outside storage.

(i)

Outside Storage shall not be located in front of or on top of the building

(ii)

Outside Storage of materials, commodities, or equipment shall be screened with a minimum eight (8) foot screening fence or wall so that the Outside Storage is not visible from the street or from adjacent property. The screening must be provided by one or a combination of the following methods:

(1)

Solid Masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively;

(2)

Wrought iron in conjunction with solid landscape screening;

(3)

Wood or wood vinyl in conjunction with solid landscape screening; and,

(4)

An equivalent alternative screening method approved by the Planning Director.

(iii)

No Outside Storage may exceed the height of the screening wall or fence.

(iv)

Outside Storage exceeding eight (8) feet in height or located anywhere other than a rear yard shall require approval via Specific Use Permit.

(v)

Any existing Outside Storage made non-conforming by this section shall conform to Section 3.4.11.E.

15.

Research laboratory.

(i)

A person or entity regulated by this section may store and use etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 classifications as defined by the National Institute of Health (NIH) or the Center for Disease Control (CDC). The use shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive conditions or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, etiological (biological) agents, electrical disturbance, humidity, heat, cold, glare, or night illumination.

(ii)

Prior to issuance of a building permit or occupancy permit for a facility covered by this section, or at any other time, the building official may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition. This includes, but is not limited to approval from the fire department.

(iii)

Housing animals on-site is prohibited.

(iv)

Open or outdoor storage for any period of time is prohibited.

(v)

Related administrative uses such as finance, legal, human resources, management, marketing, sales, accounting, purchasing, or corporate offices; provisions of services to others on- or off-site; and related educational uses may also be included provided they remain primarily supportive of the primary uses of "research and development" and are part of the same research and development firm.

16.

Schools, including day cares, preschools, private schools, and trade schools.

(i)

The applicant must provide a traffic plan for the school, including but not limited to a schedule of proposed student arrival and departure times or bell times; procedures for student arrival and departure such as car lines, bussing, and/or individual drop off and pick up requiring parking; and a diagram of the proposed site circulation. The traffic plan is subject to approval by the Director and City Engineer.

17.

Temporary buildings.

(i)

Temporary buildings for construction management, sales, and/or leasing. Temporary Buildings for construction Management, Sales, or Leasing [sic] Temporary buildings may be permitted for on-site construction management, sales or leasing of the subject property, or both on a property with an approved site development permit for a maximum of two (2) years in accordance with a permit issued by the Building Official.

(1)

A six (6) month extension may be approved by the Building Official.

(2)

After the initial extension is given, the Building Official may approve a second six (6) month extension.

(3)

To obtain a permit issued by the Building Official the applicant must submit a layout demonstrating adequate access, compliance with applicable regulations for lighting, landscaping, parking, and site safety and receive approval of the same from the City Engineer. Any signage associated with the temporary building shall be permitted in accordance with the signage regulations of Article 4 of this UDC.

(ii)

Temporary relocatable educational facility.

(1)

A temporary Relocatable Educational Facility may be permitted by the Building Official for onsite instruction of students grades K-12 enrolled in:

(a)

A private school within a property with an approved site development permit for a maximum of two years, or

(b)

A Lake Travis Independent School District public school campus with no time limit.

(2)

A six (6) month permit extension may be approved by the Building Official. After the initial extension is given, the Building Official may approve a second six (6) month extension.

(3)

Additional extensions shall be subject to City Council approval.

(4)

To obtain a permit issued by the Building Official, the applicant must submit a layout demonstrating adequate access, compliance with applicable regulations for lighting, landscaping, parking, and site safety and receive approval of the same from the City Engineer.

(5)

Any signage associated with a Temporary Relocatable Educational Facility shall be permitted in accordance with Article 4 of this UDC.

(iii)

All other temporary buildings are prohibited.

(Ordinance 475 adopted 6/28/22)

§ 3.4.9 Pools, patios, accessory buildings and structures.

Limitations on placement of placement of accessory buildings and structures.

Accessory Buildings and Structures are prohibited within the front yard of any lot or in front of the primary building.

Accessory Buildings and Structures are not permitted without a primary building or structure.

Accessory Buildings and Structures are prohibited within any easement.

At least ten (10) feet of separation is required between an Accessory Building or Structure and any other building or structure.

An Accessory Building or Structure may be located within ten (10) feet of the primary building or structure if it set back a distance equal to the required setback for the primary building or structure.

Carport and Garages that are arranged so as to be entered from a side yard shall be set back from the property line or alley easement line a minimum distance of twenty-five (25) feet.

Garages or Carports that are arranged so as to be entered from an alley shall be set back from the rear property line or alley easement line a minimum distance of twenty-five (25) feet.

Setbacks of Carports shall be measured from the outer face of the posts supporting the roof to the nearest property line, building or structure face.

An Accessory Building or Structure may be located up to the side or rear lot line under the following conditions:

(i)

An alley abuts the rear or side property line in the same location as the Accessory Building or Structure;

(ii)

The maximum (or ridge) height of the Accessory Building or Structure is no greater than eight and a half feet (8.5'); and

(iii)

A solid fence or wall at least the same height as the Accessory Building or Structure is built abutting the rear or side lot line to screen the building from property nearby properties (must be constructed outside of the Sight Visibility Zone).

10.

Accessory Buildings or Structures that do not meet the conditions in subsection 3.4.9.A.9, and all decks, must meet the setbacks for the underlying districts found in subsection 3.4.1.

Limitation on size of accessory buildings and structures.

An Accessory Building or Structure is not allowed if its installation will cause the property to exceed the impervious coverage limitations found in subsection 7.3.2.C.3.

Accessory Buildings and Structures must be placed entirely behind the front building line of the property on which they are constructed.

Single-family properties.

(i)

Residential properties developed as single-family residential, duplex, or townhome that are one (1) acre or less may have up to three (3) Accessory Buildings or Structures totaling no more than seven hundred fifty (750) square feet.

(ii)

Residential properties zoned SF that are more than one (1) acre have no limitation placed on the number of Accessory Buildings or Structures provided that the total square footage of all Accessory Buildings and Structures does not exceed the Gross Floor Area of the primary residential dwelling or two thousand (2,000) square feet, whichever is less.

Multi-family and nonresidential properties. Multi-family and nonresidential properties have no limitation placed upon the number of Accessory Buildings or Structures provided that the total square footage of all Accessory Buildings and Structures does not exceed fifty percent (50%) of the Gross Floor Area of the principal building. Exceptions to this limitation may be granted on a case-by-case basis by the Director.

Design requirements for accessory buildings and structures.

An Accessory Building or Structure may not exceed the height of the primary building or structure.

If any portion of an Accessory Building or Structure is visible from a public or private street or right-of-way it shall be finished in materials similar to the primary building or structure.

(i)

For Accessory Buildings or Structures that are eight (8) feet in height or less, an opaque fence six (6) feet in height or taller, located between the private or public street or right-of-way and the Accessory Building or Structure, is sufficient to satisfy this requirement.

(ii)

If the Accessory Building or Structure is visible from a public or private street or right-of-way as specified in 2. above, the roof material of any Accessory Building or Structure shall be of the same type, including material and pitch, and similar appearance to the roof of the primary building or structure.

The Planning Director may waive the requirements of this Subsection C. if the Accessory Structure is a Greenhouse, provided that the Greenhouse meets the setback, height, and lot coverage restrictions found in Section 7.3.2.C.3 [3.4.1].

Patios and pools. Pools, patios and comparable flatwork and occupiable below ground structures are addressed in Section 3.4.1.I.1(xiv).

(Ordinance 475 adopted 6/28/22)

§ 3.4.10 Home occupations (home-based businesses).

Purpose.

The purpose of this Section is to allow for the utilization of residential property for business purposes is secondary to its active residential use.

The regulations of this section are intended to minimize annoyance and inconvenience to property owners within the residential area abutting, neighboring, or surrounding the home occupation.

These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

Authorized home occupations. The Following Uses Are Allowed as Home Occupations:

Barber or Beautician, provided that such services are by appointment only and serve no more than one (1) customer at a time.

Bicycle Repair conducted entirely indoors.

Caterer or Catering Service or food preparation such as cake making, decorating, or catering for individual orders or events that do not involve on-premises consumption and that utilize only household cooking equipment.

Craftwork, such as furniture making, rug weaving, model making, jewelry work or repair, making of tchotchkes, or similar personal articles not fashioned on a mass production line or using large commercial-grade equipment or equipment not designed to run using a household electrical service.

Creative artist such as an author, painter, sculptor, or video, film, or music editor.

Fine Arts instruction such as music, dance, or similar instruction, provided that noise generated from the use does not exceed 60 decibels at the property line or create an audible sound outside the walls of the dwelling, if one or more walls are shared, that no more than six (6) pupils are instructed at any time, and at least fifteen (15) minutes separates the conclusion of one instructional period and the commencement of the next instructional period. Fine arts instruction shall limit the hours of operation or instruction to 9:00 a.m. to 7:00 p.m.

Repair shop for small personal equipment or appliances that can be moved by one person of reasonable strength and that does not require specialized equipment or operate using an internal combustion engine. No such equipment brought for repair may be left outside the dwelling or accessory building.

Office of clergy, imam, minister, pastor, priest, rabbi, or other religious leader.

Personal Services, including fitness instruction such as aerobics, personal training, or other similar instruction, provided that noise generated from the use does not exceed sixty (60) decibels at the property line, or create an audible sound outside the walls of the dwelling, if one or more walls are shared, that no more than six (6) pupils are instructed at any time, and at least fifteen (15) minutes separates the conclusion of one instructional period and the commencement of the next instructional period. Personal Services shall limit the hours of operation or instruction to 9:00 a.m. to 7:00 p.m.

10.

Professional office of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, business manager, realtor, broker, computer coding, podcasting, sales, or other virtual or teleworking office occupation such as customer service, telemarketing, or similar function.

11.

School Tutoring provided that no more than six (6) pupils in grades kindergarten or above are instructed at any time, and at least fifteen (15) minutes separates the conclusion of one instructional period and the commencement of the next instructional period.

12.

Swimming instruction, water aerobics, or other water safety instruction, provided that noise generated from the use does not exceed 60 decibels at the property line, no more than six (6) pupils are instructed at any time, and at least fifteen (15) minutes separates the conclusion of one instructional period and the commencement of the next instructional period. Swimming instruction shall limit the hours of operation or instruction to 9:00 a.m. to 7:00 p.m.

13.

Taxi Service, Independent provided that the minimum number of required spaces is maintained and no more than two (2) vehicles are used or stored at any dwelling unit.

Conditions for operation of home occupation. One Home Occupation is permitted strictly as an accessory use in districts AG, R, and MU, provided that Home Occupation is a use authorized in subsection 3.4.10.B and conforms to the following operational conditions, as determined to be applicable by the Planning Director:

The Home Occupation shall produce no alteration or change in the character or exterior appearance of the principal dwelling.

The Home Occupation shall not exceed twenty percent (20%) of the floor area or five hundred (500) square feet, whichever is less.

Other than Personal Services and swimming instruction, the Home Occupation shall not be conducted outside of the house, dwelling, or unit or within an unenclosed garage or accessory building ("unenclosed" includes a garage with the door not fully closed).

The occupation shall not employ more than one (1) person who is not a member of the same household occupying the residence.

Unless otherwise specified, business hours shall be 8:00 a.m. to 6:00 p.m. for outdoor activities, and 8:00 a.m. to 10:00 p.m. for indoor activities.

Not more than two (2) vehicles related to the business shall be present at any time, and the proprietor shall provide adequate off-street parking on the property where the use is located.

Of the vehicles allowed in subsection 3.4.10.C.6, no more than one (1) commercial vehicle with payload of up to one (1) ton or 16,000 Gross Vehicle Weight (GVW), according to the manufacturer's specification, may be present at the dwelling, and must be parked behind the front building line when not in use.

The Home Occupation may not utilize the dwelling as a retail location or serve any customer or patron on-site except by appointment, subject to the limitations of subsection 3.4.10.C.9.

Occupations done on an appointment basis shall be staggered so that the use does not produce congestion or excessive vehicle traffic at the home. All loading and unloading of students shall take place off-street.

10.

Commercial deliveries and shipments related to the Home Occupation shall not exceed ten (10) combined trips per week.

11.

Outside storage, outside display, and trailers related to Home Occupation are prohibited.

12.

No commercial-grade mechanical, electrical, or mass production equipment shall be employed on the premises other than that which is customarily found in a home environment.

13.

The Home Occupation may not generate noise, vibration, glare, fumes, odors, heat, radiation, or electrical interference.

14.

The Home Occupation shall not utilize caustic, corrosive, or toxic chemicals or materials beyond those normally found in a household or in greater quantities than would normally be utilized in a household. Disposal of any chemical or material used shall be in accordance with City, State and Federal guidelines.

15.

Signage shall conform to Article 4.

16.

The Home Occupation shall not be harmful or detrimental to the health, safety, and welfare of the neighborhood, nor shall it interfere with the enjoyment of life, property, and recreation by residents of the area.

17.

Home Occupations are subject to all other applicable provisions of local, State and Federal regulations and laws that govern such uses.

18.

Uses not classified: Any use that is not expressly allowed by subsection 3.4.10.B is prohibited as a Home Occupation.

19.

A Home Occupation that was legally in existence as of the effective date of this UDC and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of subsection 3.4.11, provided that the Home Occupation is registered with the City, and provided that the Home Occupation was not in violation of any other local, State or Federal law or regulation on that date.

(Ordinance 475 adopted 6/28/22)

§ 3.4.11 Non-conforming lots, structures, and uses.

Purpose.

The purpose of this section is to provide for the legal and reasonable continuation of property, uses, and structures made non-conforming by the adoption of this UDC or the annexation of a property to the City; and

To further the City's goal of eliminating such non-conformities as they are altered, improved, abandoned, or amortized over time.

Applicability.

The provisions and requirements of this section apply only to lots, properties, uses, and structures that were legal at the time of their establishment, creation, or construction.

No lot, use, or structure that was illegal when it was established, created, or constructed is entitled to continuance or relief under this section and will remain an illegal use until brought into conformance with this UDC.

Loss of legal non-conforming status. A property, lot, use, or structure that was legal non-conforming at the time of adoption of this UDC, or that becomes non-conforming with the adoption of this UDC, may continue to operate as a non-conforming property lot, structure, or use, unless the property, lot, use, or structure loses its right to non-conformity in accordance with the provision and requirements below.

Non-conforming lot.

Lot of record.

(i)

No structure may be constructed upon a non-conforming lot of record unless it conforms to the setback, impervious cover, and minimum building size limitations found in Section 3.4.1.

(ii)

If a non-conforming lot is replatted, it must conform to the dimensional requirements of the applicable zoning district (see Section 3.4.1).

Unplatted property.

(i)

No structure may be constructed upon a non-conforming property unless it is platted in conformance with this UDC.

(ii)

If a property was sold by metes and bounds prior to the adoption of this UDC and the owner cannot acquire additional or suitable property to create a conforming platted lot, the Planning and Zoning Commission may approve a plat of the non-conforming property if the lot provides required setbacks and the applicant demonstrates that a conforming use and structure can be established on the lot.

(iii)

The City may refuse to issue a Building Permit or Certificate of Occupancy for a non-conforming property if the property does not conform fully to applicable requirements of this UDC, including, but not limited to, requirements pertaining to Letters of Certification, Adequate Public Facilities, street access, and drainage.

Non-conforming use.

Discontinuance or abandonment of non-conforming use.

(i)

If a non-conforming use is abandoned or ceases for longer than one hundred eighty (180) consecutive days, it will be considered permanently abandoned.

(ii)

In the case of a disputed abandonment of use, the City will require proof that a use has not been abandoned in the form of one or more utility bills showing water and electricity usage applicable to the one hundred eighty (180) day period in question, invoices for business expenses related to operation of the use, and sales receipts related to the use, as applicable. At their discretion, the Planning Director may accept other forms of proof.

Zoning Board of Adjustment actions related to non-conforming uses.

(i)

Once abandoned, a non-conforming use may not be re-established except in the following cases:

(1)

The property owner applies for re-establishment of the use within six (6) months of the use being deemed abandoned by the Planning Director;

(2)

No other conforming use has been established in the area vacated by the abandoned use;

(3)

Inability to resume the use would deprive the owner of all economic value of the land; and

(4)

The Zoning Board of Adjustment issues an order permitting the reinstatement of the abandoned use.

(ii)

The Board of Adjustment may issue an order authorizing a non-conforming use on a lot of record to expand up to fifteen percent (15%) of the extent or size of the use at the time it became non-conforming; provided however, that the Board may require any outdoor expansion of a non-conforming use to meet applicable screening requirements (see subsection 5.1.1 [5.1.2]) and any expansion of a structure or building housing a non-conforming use to meet subsection 3.4.11.E.3 and 4 below and subsection 3.4.3.

(1)

A non-conforming residential use may not be expanded in a way that increases the number of units beyond the number that existed at the time the use became non-conforming.

In issuing an order under this Subsection 3.4.11.E.2, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of the UDC.

Non-conforming due to inadequate parking. If a use is non-conforming because it lacks sufficient parking, additional parking is not required for the non-conforming use unless the following occur:

(i)

The building or structure housing the non-conforming use is expanded or the use itself is otherwise expanded, in which case the owner or operator must provide additional parking for the expansion that complies with subsections 3.3.5 and 3.4.1.C [3.4.2].

(ii)

If the non-conforming use ceases, any new use that requires more parking than the vacated use shall provide parking that complies with subsections 3.3.5 and 3.4.1.C [3.4.2].

Non-conforming due to inadequate landscaping. If a use or property is non-conforming because it lacks sufficient landscaping, the use or property may be exempt from being required to provide additional landscaping, unless the following occur:

(i)

The building or structure housing the non-conforming use is expanded by more than ten percent (10%) of its existing footprint, or the use itself is otherwise expanded, in which case the owner or operator must provide additional landscaping on the site which meets buffering, parking lot landscaping, and site landscaping requirements of subsection 5.1.1.

(ii)

The Planning Director is authorized to modify the landscaping requirements for roadway buffers (see subsection 5.1.1.B.1, Roadway Buffers) along a public or private right-of-way or incompatible use buffers (see subsection 5.1.1.B.1(iii) [5.1.1.B.2], Incompatible Use Buffers) if the site cannot reasonably accommodate the required buffers. The Director may impose additional alternative compliance measures such as additional use of shrubs, trees, or other screening methods.

(iii)

If the building is expanded by an amount equal to or less than ten percent (10%) of the existing footprint but sits on the same lot as a non-conforming parking lot and the parking lot is expanded by more than ten percent (10%) or ten (10) spaces, whichever is less, the parking lot landscaping must comply with Article 5, Landscaping and Screening Standards.

Non-conforming lighting. See Section 6.1 [6.2].

Non-conforming as to nonpoint source regulations. See Section 7.3. The City Engineer is authorized to make adjustments to the requirements of that section if, in the City Engineer's opinion, full conformance with Nonpoint Source regulations would constitute an undue hardship to the development or redevelopment of the property.

Non-conforming structure.

Continuation or expansion of non-conforming structure.

(i)

If a non-conforming structure is modified, altered, or expanded to a size equal to or less than ten percent (10%) of its existing footprint, the new, modified or altered portion must meet the requirements of this UDC with respect to building design and parking.

(ii)

A non-conforming structure expanded to a size exceeding ten percent (10%) of its footprint must comply fully with the requirements of this UDC, including building design, site design, and parking.

Destruction and reconstruction of non-conforming structure.

(i)

Destruction equal to or exceeding 51% of value.

(1)

If a non-conforming building or structure is destroyed to an extent that is greater than or equal to fifty-one percent (51%) of its appraised value as determined by the most recent appraisal performed by the Travis County Central Appraisal District, the building or structure may only be rebuilt in conformance with this UDC but the site may remain in its present condition with regard to landscaping, parking, and design standards; provided, however, that landscaping or parking that was destroyed at the time the building or structure was destroyed be replaced to the standards of this UDC.

(2)

If the reconstructed structure is expanded beyond the size of the original structure that was destroyed, the site must comply with this UDC with regard to construction and building design and with the landscaping, parking, and site design standards of Sections 3.3.5, 3.4.1.C, 5.1.1, and this Section 3.4.

(3)

If the structure or building is one of multiple structures or buildings on a site and the other structures or buildings possess similar non-conforming characteristics, the Planning Director may modify the requirements of this Section to maintain architectural harmony between the rebuilt structure or building and the other structures or buildings on the site; provided, however, that the new structure or building must meet current adopted building codes.

(ii)

Destruction less than 51% of value.

(1)

If a non-conforming structure is destroyed to an extent that is less than fifty-one percent (51%) of its appraised value as determined by the most recent appraisal performed by the Travis County Central Appraisal District, the structure may be reconstructed to its prior form if the rebuilt structure meets the City's adopted Building Code and there is no expansion of the original footprint.

(2)

The Planning Director may permit minor modifications to the rebuilt structure that conform to the UDC and to the current adopted building code.

(3)

Reconstruction that significantly relocates or enlarges the footprint of the rebuilt structure is considered a new structure and must conform fully to this UDC. Minor modifications of building location that reduce a nonconformity or do not increase the nonconformity may be approved by the Planning Director with consideration given to compatibility with neighboring properties and improved site circulation.

For non-conforming signs, see subsection 4.4.2.

Reconstruction of certain structures along state thoroughfare.

(i)

For properties two (2) acres or less that were platted or described by metes and bounds prior to August 29, 2000 adjoining the south side of State Highway 71 between F.M. 620 and Bee Cave Road (F.M. 2244) and that have structures or buildings constructed within 25 feet of the Highway 71 right-of-way, such structures or buildings may be reconstructed, even if the structure or building is not damaged or destroyed, so long as the reconstruction occurs after the property is platted and meets the following conditions:

(1)

The building or structure footprint is not larger than the footprint of the building or structure it is replacing;

(2)

The building or structure is not taller in height than the structure it is replacing or twenty-five (25) feet whichever height is greater; and

(3)

The property then complies with a ten (10) foot setback or buffer requirement.

(ii)

In the event TXDOT acquires right-of-way from a property that adjoins SH-71, RM 620, Bee Cave Road, or Hamilton Pool Road and that was platted or described by metes and bounds at least twelve months prior to the date of acquisition, and in doing so makes the property or building nonconforming, the following conditions apply:

(1)

Any required landscape buffer is reduced by the amount equal to the depth of right-of-way acquired by TxDOT from the required landscape buffer.

(2)

Any required parking is reduced by the amount equal to the number of parking spaces within the area of right-of-way acquired by TxDOT.

(3)

Any trees removed as a result of TxDOT right-of-way acquisition are not required to be replaced.

(4)

Any required building or structure setback is reduced by the amount equal to the depth of the corresponding right-of-way acquired by TxDOT, except that no required street setback may be reduced to less than twenty-five (25) feet, and no required side or rear setback may be reduced to less than five (5) feet.

(5)

For the purpose of calculating the impervious cover the property shall be entitled to include the area acquired by TxDOT as part of its net site area.

(iii)

Structures or buildings that are described by this subsection may also continue to maintain whatever rear yard and side yard setback that was in existence for the structure or building being replaced so long as Fire Code requirements are met.

Summary of regulations. Table 3.4-11 is a summary of all regulations addressed in this subsection 3.4.11. This summary is provided for convenient reference only and is not designed to substitute for the full text of this section or be solely relied upon in interpreting the requirements of this subsection 3.4.11.

Table 3.4-11: Summary of Non-Conforming Regulations
Category of Non-Conformity	Issue or Question	Regulation
Non-Conforming Property or Lot	Platted Lot of Record
	Building on an N-C Platted Lot	New building or structure must meet setbacks, minimum building size, and lot coverage regulations (see subsection 3.4.1 Dimensional Standards)
	Replatting N-C Lot	Must meet UDC requirements
	Unplatted Lot
	Building on an N-C Unplatted property	Property must be platted prior to issuance of a building permit. If surrounding property cannot be incorporated into plat to make the lot conforming, the new lot will be considered a legally non-conforming lot (see subsection 3.4.11.D)
	Platting N-C property	Must meet all requirements of this UDC including, but not limited to, Letters of Certification, Adequate Public Facilities, street access, and drainage (see subsection 6.7 [Article 7]
Non-Conforming Use
	Use is Abandoned longer than six (6) months	Non-Conforming status is forfeited, unless property owner proves use was not abandoned or Zoning Board of Adjustment issues order to reestablish (see subsection 3.4.11.E.2)
	Expansion of N-C use within existing structure or lot	ZBA may authorize up to 15% if properly screened and adequate parking and landscaping are provided (see subsections 3.4.11.E.2, E.3, and E.4)
	Expansion of structure or building housing N-C use	ZBA may authorize if adequate parking and landscaping are provided (see subsections 3.4.11.E.2, E.3, and E.4)
	Use contains inadequate parking	Any expansion or change of use requires additional parking for the expanded portion or new use (see subsection 3.4.1.C [3.4.2] and 3.3.5)
	N-C use replaced with conforming use	Non-Conforming use may not be reestablished (see subsection E.2(i)(2))
Non-Conforming Structure or Building
	Structure or Building expanded ten percent (10%) or less	Expanded portion must meet UDC requirements for building design (Section 3.4) and parking (subsection 3.4.1.C [3.4.2] and 3.3.5) (see subsection F.1(i))
	Structure or Building Expanded beyond ten percent (10%) of footprint	Entire structure or building must conform to UDC, including building design, site design, parking, and landscaping (Section 3.4) (see subsection F.1(ii))
	Destruction of 51% or more of N-C structure	Entire structure or building must conform to UDC, including building design, site design, parking, and landscaping (Section 3.4) (see subsection F.2(i))
	Destruction of less than 51% of N-C structure	May be rebuilt in prior location and to prior condition with minor modifications that conform to UDC; relocation or enlargement is considered a new building (see subsection F.2(ii))

This section applied to manufactured housing. In applying the regulations and procedures of this subsection 3.4.11 to a Manufactured Housing use, structure, or community, the City will apply these regulations and procedures in a manner consistent with subsection 3.4.8.B.11 and TLGC Section 211.018.

(Ordinance 475 adopted 6/28/22)

§ 3.4.12 Amortization of non-conforming uses.

City Council initiation. City Council may, by majority vote, request that the Zoning Board of Adjustment study and decide upon the amortization of a non-conforming use, including a specific date that the use is to be considered amortized.

Action by the Board to begin analysis.

If Council so directs, the Zoning Board of Adjustment shall, at its next available meeting, make a motion to do the following:

(i)

Continue the matter to a future meeting; or

(ii)

Begin amortization proceedings and direct staff to study and analyze the non-conforming use and present its findings at a specified future meeting of the Board.

If the Board votes to continue the matter, it is continued for up to six (6) months. At the conclusion of six (6) months, the Board will vote either to discontinue amortization proceedings or to initiate amortization proceedings in accordance with this section based upon the prima facie facts of the case.

The Board will set a date for the completion of the analysis and the first public hearing required under Subsection E. below.

Lack of a sufficient majority (75% of members of the Board) on a motion made under this Subsection B. will result in discontinuation of the amortization proceedings.

Notification of parties.

The property owner subject to the amortization must be notified prior to the initial meeting of the Board.

The City shall provide notice of the public hearings to property owners within two hundred (200) feet of the property subject to the proceedings, and may compel the appearance of experts and witnesses to give testimony at the public hearings.

The term "owner" may refer to both the property owner and the business owner.

Content of initial meeting.

No evidence or testimony will be considered by the Board at the initial meeting; however, the Board may direct staff or the owner to gather and present additional information in considering whether to proceed with amortization hearings, including financial records or appraisals of the subject property or surrounding properties, or direct staff or the property owner to provide such information at the public hearings.

The owner may be present at the initial meeting and respond to questions from the Board but may not present evidence or testimony until the commencement of the public hearings, except as specifically directed by the Board.

Public hearings required.

The Zoning Board of Adjustment shall issue no order regarding the amortization of a non-conforming use until it has held two (2) public hearings on the matter.

Staff shall present evidence prior to the first public hearing addressing the impacts of the non-conforming use on surrounding properties and other persons affected by the non-conforming use.

Staff may also present other evidence requested by Council in its action initiating the amortization or requested by the Board at its initial meeting.

The analysis presented by staff must specifically address the following factors:

(i)

Whether the use creates a nuisance or threat of imminent destruction, damage, or injury to property and persons.

(ii)

The character of the surrounding properties or neighborhood.

(iii)

The degree of incompatibility of the use within the zoning district in which it is located.

(iv)

The manner in which the use is being conducted.

(v)

The hours of operation of the use.

(vi)

The extent to which continued operation of the use may threaten health or public safety.

(vii)

The environmental impacts of the use and its operation including, but not limited to, noise, glare, dust, odor, and traffic generated by the use and its operation.

(viii)

The extent to which public disturbances and nuisances are created by the use and can be expected to continue in the future operation of the use.

(ix)

Other factors relevant to the question of whether continued operation of the use will cause adverse impacts upon nearby properties or affected persons.

(x)

The extent to which the non-conforming use impacts the market value and desirability of surrounding properties or neighborhoods.

Upon presentation of the analysis, along with testimony and evidence presented by the owner or the owner's representatives, witnesses, or experts, as well as witnesses or experts that may be compelled by the Board to present testimony or evidence on any material issue related to the amortization, the Board shall do the following:

(i)

Open the public hearing;

(ii)

Enter into a period of deliberation upon the evidence and testimony presented;

(iii)

Propose a date for the amortization period to end based on the recommendation of staff and the factors listed in subsection 3.4.12.E.3 or 4, should the amortization be ordered after the second public hearing;

(iv)

Declare a date for the second public hearing and final decision no later than ninety (90) calendar days from the date of the first public hearing.

The Board may request further information or evidence be provided by staff at the second public hearing.

All evidence and testimony shall be presented directly to the Board. The Board may call witnesses to testify multiple times at the same hearing or at each hearing, but there shall be no cross-examination or questioning from any party at a public hearing other than those questions asked by the Board or directed to the Board.

Final Board of Adjustment action.

Decision following second public hearing. Following the second public hearing, the Zoning Board of Adjustment may order that the non-conforming use be discontinued in accordance with a plan to amortize the value of the use, including structures and equipment associated with the use, over a specified period of time.

Issuance of order without owner's financial information. Failure by the owner to provide financial documentation, records, or other evidence does not prevent the Board from establishing a date by which the use must be amortized and made compliant with this UDC.

Factors to be addressed in the order to amortize. The order must address all factors listed in subsection E.4 above in consideration of the following:

(i)

The owner's capital investment in assets that existed on the property prior to the use becoming a non-conforming use, including structures, fixed equipment, and other assets not feasibly transferrable to another site.

(ii)

Costs that are directly attributable to discontinuing the use by the compliance date, including costs of demolition, relocation, early termination of lease, and discharge of mortgage.

(iii)

Any return on investment since inception of the use based on net income.

(iv)

Anticipated annual recovery of investments based on projected net income.

(v)

The character of the surrounding uses and properties and the uses allowed under the current zoning on the property.

(vi)

The property rights of affected persons, including the property owner and business owner, as well as the rights and the welfare of surrounding property owners and other persons affected by the proposed use.

Effect of order upon cessation of use.

(i)

If the Board votes to issue an order amortizing the non-conforming use and establishes a compliance date, the use must cease all operations by that date and the owner may not continue or reestablish the non-conforming use, including any operation subject to the order of the Board, on or after that date.

(ii)

The Board may structure its order so as to phase amortization of portions of the use by certain dates and may establish any conditions upon the use operation related to the factors listed in subsection E.4 or 3 above; however, the Board may not issue an order that explicitly or in effect provides for only a partial amortization with no date by which the use must entirely cease. (For example, the Board's order for partial amortization using a phased approach may specify that the use must entirely cease within 5 years.)

Approval of motion.

(i)

A motion to issue an order to amortize the non-conforming use and establish a compliance date must be affirmed by at least seventy-five percent (75%) of the members of the Board.

(ii)

If no motion is made, or less than seventy-five percent (75%) of the members vote to approve a motion to amortize the use, the amortization proceedings are discontinued and the non-conforming use may continue subject to the provisions and requirements of Section 3.4.11.E, unless the decision of the Board is appealed (see Subsection G. below).

Appeal and extension of order.

If the Board approves a motion to discontinue amortization proceedings, or the proceedings are discontinued due to lack of a motion or insufficient votes to approve a motion to amortize the use, the decision of the Board is final and the City Council may not vote to initiate amortization proceedings unless:

(i)

Five (5) years have passed from the date of the Board's decision; or

(ii)

The use is expanded or the degree of non-conformity with this UDC is found to have increased in any way.

If the Board approves a motion to amortize the use by setting a compliance date, the decision of the Board is final unless appealed to a court of competent jurisdiction no later than ten (10) calendar days following the Board's decision.

The Board may approve a one-time extension of up to six (6) months after the compliance date following a public hearing and consideration of additional testimony and evidence by the owner, and subject to any conditions the Board may place upon the extension to protect public safety and welfare.

This section as applied to manufactured housing use or communities. In applying the regulations and procedures of this subsection 3.4.12 to a Manufactured Housing use or community, the City will apply these regulations and procedures in a manner consistent with TLGC Section 211.018.

(Ordinance 475 adopted 6/28/22)