[1]
Editor’s note—Ordinance 2037, adopted Nov. 9, 2015, repealed art. VI in its entirety and enacted new provisions to read as herein set out. Former art. VI, §§ 3-42—3-50 pertained to similar subject matter, and derived from Ordinance 1750-C, § 2, adopted Jan. 28, 2008; Ordinance 1774, adopted June 9, 2008; and Ordinance 1776, adopted July 21, 2008.
(a)
Purpose:
The multi-family zoning standards provide for a mix of multi-family
types and style of development intended to reinforce the neighborhood
and small town character desired by Alamo Heights residents. The standards
permit multi-family buildings of two (2) to four (4) stories in height,
depending on location, and require mixed uses along Broadway south
of Albany Street in order to encourage pedestrian traffic and extended
visits that are essential to a vibrant mix of retail, service and
hospitality businesses.
(b)
Variety:
The standards are intended to allow a variety of desirable multi-family
housing types as illustrated in the comprehensive plan adopted on
May 26, 2009, including: duplex/triplex/quadplex and larger apartment
buildings; attached townhouses; bungalow courts with attached or detached
dwellings located around a central garden; courtyard housing with
attached dwellings around a central linear walk; and garden walk or
lane housing with detached or townhouse dwellings facing a well-landscaped
central walk or winding car lane.
(c)
Character:
The multi-family zoning standards envision multi-family dwellings
that are compatible with and reinforce the best design characteristics
of Alamo Heights. Such characteristics include front doors and main
entries that face the street (or common landscaped areas); front facades
that mimic surrounding properties in scale, massing and articulation;
building setbacks that respect traditional neighborhood or downtown
street patterns; and off-street parking that is located to the rear
(or underground), in open spaces or carports or garages, and hidden
from (or not prominent in) street views.
(d)
Public
realm:
The multi-family zoning standards are intended
to promote a walkable, safe and pedestrian-friendly community. The
standards require ample sidewalks, generous planting strips (or tree
wells) located between the curb and the sidewalk, and regularly spaced,
native canopy trees in the planting strips or tree grates. The standards
are designed to promote water conservation and mitigate the effects
of noise, dust, artificial lighting intrusions and "heat islands"
in developed areas.
(Ordinance 2037 adopted 11/9/2015)
(a)
For any multi-family project located on Broadway, south of Albany Street, the 1st floor adjacent to the public rights-of-way shall only be utilized for "Commercial and Retail" land uses which are permitted in Business District One (B-1) and Office District (O-1), as permitted in article II, section 3-8.
(b)
One-family
dwellings, attached and detached, are prohibited on properties that
have their front lot line along Broadway or Austin Hwy.
(Ordinance 2037 adopted 11/9/2015)
The minimum lot area in the MF-D shall be in accordance with
the following, and no lot existing at the time of passage of this
ordinance shall be reduced in area below the minimum requirements
set forth herein:
(1)
One-family
dwelling detached:
Seven thousand five hundred (7,500)
square feet.
(2)
Two-family
dwelling:
Nine thousand (9,000) square feet.
(3)
One-family
dwelling attached:
Three thousand seven hundred fifty
(3,750) square feet. (The required lot area for the initial and final
unit of one-family dwelling attached structures is three thousand
seven hundred fifty (3,750) square feet for each unit. Each of the
remaining (interior) units shall require a lot area equal to at least
two thousand two hundred fifty (2,250) square feet per unit. This
does not avoid the necessity to meet other requirements of the Zoning
Code and other codes and ordinances).
(4)
Multiple
family dwelling up to thirty-five (35) feet:
Nine thousand
(9,000) square feet for first four (4) units plus one thousand five
hundred (1,500) square feet for each added unit.
(5)
Multiple
family dwelling over thirty-five (35) feet:
Twelve thousand
(12,000) square feet for first ten (10) units plus six hundred (600)
square feet for each added unit.
(Ordinance 2037 adopted 11/9/2015)
The minimum lot width in the MF-D shall be in accordance with
the following, and no lot existing at the time of passage of this
ordinance shall be reduced in width below the minimum requirements
set forth herein:
(1)
One-family
dwelling detached:
Fifty (50) feet.
(2)
Two-family
dwelling:
Sixty (60) feet.
(3)
One-family
dwelling attached:
Twenty-five (25) feet (The required
lot width of twenty-five (25) feet is for a one-family dwelling attached
unit facing the street from which the address is derived. Units to
the rear of the initial unit do not add to the required front yard
width. This does not avoid the necessity to meet other requirements
of the Zoning Code and other codes and ordinances).
(4)
Multiple
family dwelling:
Seventy-five (75) feet.
(Ordinance 2037 adopted 11/9/2015)
No building, structure or use shall hereafter be located, erected
or altered in MF-D so as to have a smaller front yard than twenty
(20) feet except as follows:
(1)
Where
the frontage on one (1) side of a street between two (2) street intersections
is divided by two (2) or more zoning districts, the front yard shall
comply with the requirements of the most restrictive district for
the entire block.
(2)
The front
yard shall be measured from the property line to the front face of
the building, covered porch, covered terrace or attached accessory
building. Eaves and roof extensions may encroach into the required
front yard for a distance not to exceed four (4) feet beyond the permitted
porch or wall plane.
(3)
Where
a lot has double frontage, running through from one (1) street to
another, the front yard requirements of this section shall apply to
any yard of such double frontage lot that is directly across a street
from the front property line of another lot.
(4)
No fence,
wall or other manmade, non-living barrier, other than the wall of
a permitted structure, shall be erected or altered within the minimum
required portion of a front yard in excess of three (3) feet in height
measured from the lower side of the fence, wall or other barrier,
or in excess of six (6) feet in height within the remaining portion
of a front yard measured from the lower side of such fence, wall or
other barrier. When the grade of the land adjacent to the location
of a fence, wall or other barrier has been altered from its natural
condition, the director shall determine the permissible height of
a fence, wall or other barrier from the director's projection of the
natural grade of the land.
(5)
Main
structure articulation: The maximum exterior front wall plane width
without a minimum of a two-foot-deep by ten-foot-wide for the full
height of the structure, above the first floor, offset is every thirty
(30) feet. Modifications to the articulation standards may be modified
by recommendations by the architectural review board and city council
approval.
(6)
For properties
with frontage along Broadway, south of Albany:
a.
Minimum/maximum
setback of zero (0) feet.
b.
Seventy-five
(75) percent of building facade at maximum setback.
i.
The
remaining area may be set back further to accommodate courtyards,
sitting areas, or other public uses.
ii.
Minor
adjustments to the "percent of the building facade at the maximum
setback" may be adjusted based on recommendations from the architectural
review board and after approval by city council.
c.
Eaves,
balconies, roof extensions, and other similar features may encroach
into the required front yard setback or rights-of-way for a distance
not to exceed five (5) feet beyond the permitted porch or wall plane.
i.
A minimum
of fifteen (15) feet clearance from the ground shall be provided.
d.
Canopies
and other similar features may encroach into the required front yard
setback or rights-of-way for a distance not to exceed ten (10) feet
beyond the permitted porch or wall plane.
i.
A minimum
of ten (10) feet clearance from the ground shall be provided.
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For one-family dwellings attached, the units to the rear of
the initial unit do not add to the required front yard depth. This
does not avoid the necessity to meet other requirements of the Zoning
Code and other codes and ordinances.
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(Ordinance 2037 adopted 11/9/2015)
No building, structure or use shall hereafter be located, erected
or altered in MF-D so as to have a smaller side yard than hereinafter
specified, except as follows:
(1)
Minimum
side yard for one-family and two-family residences is six (6) feet.
(3)
Where
multiple structures are arranged on a singular lot and have a height
less than thirty (30) feet a minimum building separation between structures
shall be twelve (12) feet, provided that all fire and building codes
have been met pertaining to constructions types/standards.
(4)
Detached
garages or other detached accessory buildings shall be located as
follows:
a.
Not less
than four (4) feet from the main building.
b.
Not less
than three (3) feet from the side property line for structures with
a wall plate not to exceed ten (10) feet.
c.
Structures
with a wall plate greater than ten (10) feet shall have a side setback
based on a looming ratio of two to one (2:1).
(5)
Every
part of a required side yard for main structures shall be open and
unobstructed except for the ordinary projections of window sills,
roof eaves or overhangs, belt courses, cornices, roofs and other architectural
features projecting not to exceed two (2) feet into the required side
yard but not less than four (4) feet from the property line.
a.
Accessory
structure roof eaves or overhangs are required to have a minimum two-foot
side setback from the property line.
(6)
No fence,
wall or other manmade, non-living barrier, other than the wall of
a permitted structure, shall be erected or altered in any side yard
in excess of eight (8) feet in height measured from the lower side
of such fence, wall or other barrier. When the grade of the land adjacent
to the location of a fence, wall or other barrier has been altered
from its natural condition, the city engineer shall determine the
permissible height of a fence, wall or other barrier from the city
engineer's projection of the natural grade of the land.
(7)
Air-conditioning
units and pool units shall not encroach into any required side yard
setback.
(8)
Main
structure articulation: The maximum exterior front wall plane width
without a minimum of a two-foot deep by ten-foot wide for the full
height of the structure, above the first floor, offset is every thirty
(30) feet. Modifications to the articulation standards may be modified
by recommendations by the architectural review board and city council
approval.
(9)
For properties
with frontage along Broadway or Austin Hwy:
a.
Minimum
side setback of zero (0) feet.
b.
Maximum
side setback of eight (8) feet.
i.
Exemptions
to the maximum side yard setback may be provided to allow access to
a rear parking facility if no other rear or alley access is provided
and for any interior lot, where access to vehicular parking is required.
In no case shall the maximum side yard setback be greater than twenty-six
(26) feet.
c.
For properties
adjacent to a SF-A or SF-B zoning district a looming ratio of two
to one (2:1) height looming applies.
d.
Eaves,
balconies, roof extensions, and other similar features may encroach
into the required corner side yard setback or rights-of-way for a
distance not to exceed five (5) feet beyond the permitted porch or
wall plane.
i.
A minimum
of fifteen (15) feet clearance from the ground shall be provided.
(Ordinance 2037 adopted 11/9/2015)
No building, structure or use shall hereafter be located, erected
or altered in MF-D so as to have a smaller rear yard than twenty-five
(25) feet, except as follows:
(1)
Every
part of a required rear yard for main structures shall be open and
unobstructed except for permitted accessory buildings and ordinary
projections of window sills, roof eaves or overhangs, belt courses,
cornices and other architectural features projecting not to exceed
four (4) feet into the required rear yard.
(2)
Accessory
structure roof eaves or overhangs are required to have a minimum two-foot
rear setback from the property line.
(3)
Detached
garages or other detached accessory buildings shall be located as
follows:
a.
Not less
than four (4) feet from the main building
b.
Not less
than three (3) feet from the rear property line for structures with
a wall plate not to exceed ten (10) feet.
c.
Structures
with a wall plate greater than ten (10) feet shall have a rear setback
based on a looming ratio of two to one (2:1).
(4)
No fence
or wall, other than the walls of a permitted structure, shall be erected
or altered in any rear yard to exceed a height of eight (8) feet measured
from the lower side of such fence, wall or other structure. When the
grade of the land adjacent to the location of a fence, wall or other
barrier has been altered from its natural condition, the city engineer
shall determine the permissible height of a fence, wall or other barrier
from the city engineer's projection of the natural grade of the land.
(5)
Air-conditioning
units and pool units shall not encroach into any required rear yard
setback.
(7)
Main
structure articulation: The maximum exterior front wall plane width
without a minimum of a two-foot deep by ten-foot wide for the full
height of the structure, above the first floor, offset is every thirty
(30) feet.
(Ordinance 2037 adopted 11/9/2015)
The maximum percentage of any lot area in the MF-D which may
be covered by the main building, all accessory buildings, and impervious
cover on the lot or tract shall not exceed eighty-five (85) percent.
(1)
For properties
located on Broadway, south of Albany, and Austin Hwy. there shall
be no impervious cover caps. This section does not waive any other
landscaping requirements found within the zoning code.
(Ordinance 2037 adopted 11/9/2015)
No main building or main structure shall be erected, altered
or converted for any use permitted in MF-D to exceed the maximum height
of thirty-five (35) feet, but not to exceed three (3) stories (see
Height definition). Exceptions are as follows:
(1)
For properties
with frontage along Broadway, south of Albany, or Austin Hwy. a maximum
height of fifty-five (55) feet, from average grade, but not to exceed
four (4) stories from the grade of land adjacent to the public rights-of-way
frontage shall be permitted.
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a.
For properties
with frontage along Broadway and Austin Hwy. all main structures shall
have a minimum of two (2) stories.
(2)
No accessory
structures shall be erected, altered, or converted for any use permitted
in MF-D to exceed the maximum height of twenty-five (25) [feet].
(Ordinance 2037 adopted 11/9/2015)
Off-street parking shall hereafter be provided on each lot or
tract upon which a building is erected or upon a contiguous lot or
tract, and no building or structure or part thereof, shall be hereafter
erected, altered, converted or enlarged for any permitted use in the
district in which it is located unless off-street parking facilities
are provided in accordance with the following:
(1)
Parking
must be located in the rear or side of the property, behind the front
face of the building.
(2)
Parking
areas located on the side of a structure or adjacent to public rights-of-way
shall be screened via a three-foot fence or screening wall.
(4)
Surface
parking areas shall be developed in accordance with the following:
a.
A landscape
area shall be provided along all parking area boundaries with a minimum
width of eight (8) feet. Breaks in the landscaping areas may be allowed
for vehicular, pedestrian, and emergency services access.
b.
One (1),
four-inch caliper tree, per eight (8) parking spaces shall be provided.
Parking lot trees shall adhere to the following standards:
i.
The
planting area for each tree, whether located at an edge of the parking
areas or designed as an interior island or median between parking
modules, shall be no less than six (6) feet across in any horizontal
direction.
ii.
All planting areas shall have permeable surfaces and be planted with locally appropriate species as identified in sections 3-50 and 5-152, which may include shrubs, groundcovers, or grasses. If a planting area is used as part of a biological stormwater treatment system, pursuant to an approved drainage plan, groundcovers shall be selected that are appropriate to that function.
(5)
Parking
structures shall not be considered accessory structures and shall
be developed in accordance with the following:
a.
Ground
level parking structures. Ground level parking located under an elevated
building shall be screened from public street rights-of-way and any
abutting residentially zoned property.
i.
Screening
shall consist of vegetative screening, except at points of ingress
and egress. Such screening may consist of shrubs, trees, and vines
to form a continuous and solid visual screen, within one (1) year
of planting. Such screening shall not be required where a parking
structure is wrapped with liner buildings that accommodate active
uses other than parking.
b.
Upper
level parking structures. Each level of a parking structure above
the ground level shall be designed to include screening along any
facade that is not visually screened by an intervening building or
structure from public view.
i.
Such
screening shall consist of architectural and/or landscape elements
that are at least three (3) feet six (6) inches in height, as measured
from the floor of the level, to provide a continuous and solid visual
screen that blocks headlight glare from vehicles parked within the
structure.
(Ordinance 2037 adopted 11/9/2015)
Any property within the MF-D is required to conform with section 3-88, landscaping regulations, in addition to the following:
(1)
An eight-foot
wide landscape area must be provided along the rear property line.
The landscaping must be contiguous with the entire length of the property
line, except where interrupted by a drive to an alley.
(3)
Double
frontage lots: The front yards of a double frontage lot shall be landscaped.
For these lots both street frontages shall be considered front yards.
(4)
Lots
or tracts of land without buildings and used primarily for parking:
The front yard of a lot or tract of land without buildings and used
primarily for parking shall have a landscape area located along its
entire length with a minimum width of twenty (20) feet. Each rear
and side yard of such lots or tracts of land shall have a landscape
area located along its entire length with a minimum width of eight
(8) feet.
(5)
Canopy
street trees shall be planted at regular intervals, within the public
street rights-of-way. There shall be at least one (1) tree planted
for each twenty-five (25) feet of lot frontage, or portion thereof.
Minor variations from the twenty five (25) feet spacing requirements
are permitted to avoid conflicts with driveway locations and accommodate
other design considerations.
a.
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four-inch caliper at planting. For trees located under overhead utilities, property owners may install tree species identified as allowable trees according to CPS Energy. The spacing requirements between trees shall be in accordance with the recommended spacing based on the type of tree planted.
b.
Street
trees shall be maintained to provide a clear canopy zone free of limbs,
from ground level to eight (8) feet above ground level, for visibility
and to avoid potential hazards to pedestrians and vehicles. Additional
ground clearance may be required to accommodate emergency response
vehicles.
(6)
Planting
strips shall be provided for street trees within the public street
right-of-way adjacent to curbs and be a minimum of five (5) feet in
width. The minimum width may be adjusted based on existing conditions.
(7)
Sidewalks
of no less than five (5) feet in width shall be installed according
to ADA standards, located within the public street right-of-way along
all street frontages, and adjacent to property lines. Sidewalks locations
(adjacent to property lines) may be modified in order to preserve
existing trees or natural terrain. Should the sidewalk encroach onto
private property, a public access easement shall be provided.
(8)
Properties
located on Broadway, south of Albany, shall be developed in accordance
with the following additional regulations:
a.
Corner lots: A landscape area shall be provided along each corner side yard property line bordering a street. The width of the landscape area shall be equal to the setback limits of the proposed structure. Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
(9)
Planting
standards. All plantings in satisfaction of this section shall comply
with the standards of this subsection:
a.
Native
and adaptive species are preferred in order to promote reduced water
use and increased drought resistance.
i.
The
architectural review board may approve other species of plants as
part of their review process.
b.
Undesirable
species. No proposed landscape material shall appear on the Invasive
and Noxious Weeds list for the State of Texas promulgated by the United
States Department of Agriculture, nor on the Texas Noxious Weed List
promulgated by the Texas Department of Agriculture.
c.
Shrubs
used for screening shall be three (3) feet or taller in height, as
measured from the surrounding soil line, immediately upon planting.
Such shrubs shall be maintained at this minimum height, and shall
at no time exceed forty-two (42) inches in height.
d.
Planting
within city rights-of-way shall meet any applicable standards, to
protect underground and overhead utilities, streets and sidewalks,
drainage improvements, street lighting, sight distances, and the visibility
of traffic control devices.
e.
Replacement
of required landscaping that is dead or otherwise no longer meets
the standards of this section shall occur within sixty (60) days of
notification by the city. Replacement material shall be of similar
character and quality as the dead or removed landscaping. Failure
to replace in a timely manner in accordance with this subsection shall
constitute a violation of these regulations.
f.
All landscape
areas on properties with multi-family buildings*** shall be watered
with drip irrigation systems in order to ensure continuous healthy
plant growth and development while conserving water. Landscape irrigation
systems shall be separately metered from building water uses.
(10)
Property
screening requirements. Where the property line of a multi-family
district is adjacent to a single-family zoned district, an opaque
wall or fence of eight (8) feet in height shall be erected separating
the rear and/or side.
a.
When
a screening fence is required by this subsection, but where the property
line abuts a single-family residential district and street rights-of-way,
the screening fence shall have a max height of three (3) feet.
(11)
Trash
receptacles screening. All trash receptacles shall be visually screened
from an abutting public street right-of-way and from adjacent property
by means of a fence or wall.
a.
All
trash receptacles shall be located at least ten (10) feet from an
adjacent lot in a residentially zoned district.
b.
Enclosure
shall extend at least one (1) foot above the container top.
c.
Dumpsters
and garbage bins shall be located behind principal buildings relative
to public street frontage whenever practical, and such trash receptacles
shall also be accessible from alleys or vehicular access points where
available and practical.
d.
Where
site constraints and access make rear yard locations infeasible, containers
may be placed in unobtrusive locations in side yards with appropriate
screening.
e.
Openings
into enclosures shall be positioned so that view of the containers
from the street right-of-way is eliminated.
f.
Containers
shall be located in such a manner that they can be serviced by a refuse
hauling vehicle without such vehicle encroaching on or interfering
with the public use of streets or sidewalks, and without such vehicle
backing out of the property onto public right-of-way.
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Containers shall be placed on a paved surface of either concrete
or asphalt.
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(12)
Outdoor
lighting or devices installed on the exterior of structures shall
use "full cut-off" fixtures, low-output bulbs, shields, or other methods
to reduce light trespass, glare, and light pollution, and to encourage
energy conservation.
(Ordinance 2037 adopted 11/9/2015)
