(1)
Generally.
The Business (B-1, B-2, and B-3) Districts and Office (O) Districts
zoning standards provide for a mix of commercial land uses, retail
land uses, building types and styles, and mixed use developments intended
to promote buildings of two (2) to four (4) stories in height, depending
on location, and encourages mixed uses along Broadway south of Albany
Street in order to encourage pedestrian traffic and extended visits
that are essential to sustaining a vibrant mix of retail, service,
and hospitality businesses.
(2)
Variety.
The standards are intended to allow a variety of land uses and
building types as illustrated in the comprehensive plan adopted on
May 26, 2009. These mixed use developments may include, retail, residential,
office, commercial, and restaurant land uses.
(3)
Character.
The "B" and "O" District standards envision characteristics
that include main entries that face the street; building setbacks
that conform to traditional downtown street patterns; and off-street
parking that is located to the rear of the building face—i.e.,
to the rear of the property, set back and discretely hidden or screened
from street views, whether in open lots, carports, garages or underground
structures.
(4)
Public
realm.
The "B" and "O" District 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 to provide shade and a well-defined buffer between
pedestrian and vehicular traffic. The standards are designed to encourage
water conservation and mitigate the effects of noise, dust, artificial
lighting intrusions on adjacent properties, and "heat islands" in
developed areas.
(Ordinance 2075, exh. A, adopted 4/24/2017)
Land uses which are permitted by right shall be developed according
to the regulations found in this article. Multi-family developments,
permitted by right, shall be developed according to the regulations
found in article VI. - Multi-Family Dwelling District (MF-D).
Editor’s note—Ordinance 2075, exh. A, adopted April 24, 2017, changed the title of § 3-62 from "Lot area" to read as herein set out.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
The minimum lot width for the "B-1", "B-2", "B-3", and "O" Districts
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)
Seventy-five
(75) feet in width along the frontage.
(2)
Reductions
in the minimum lot widths and zero lot lines (for common wall or attached
developments) may be permitted and approved as part of the "final
design review process", and as part of plat or replat:
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
No building, structure or use shall hereafter be located, erected
or altered in the O-1 or B Districts so as to have a smaller front
yard than twenty (20) [feet] minimum 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. Business (B) and Office (O) District - front yard
setback changed from twenty (20) feet to eight (8) feet as reviewed
by the commercial code committee (CCC).
(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 city's administrative officer 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 (2) foot deep by ten (10) foot wide for
the full height of the structure, above the first floor, offset is
every thirty (30) feet.
a.
Articulation
standards may be modified by recommendations by the architectural
review board and council approval.
(6)
Eaves,
balconies, roof extensions, and other similar features, above the
ground floor, may encroach into the required front yard setback for
a distance not to exceed five (5) feet beyond the permitted porch
or wall plane.
a.
A minimum
of fifteen (15) feet clearance from the ground shall be provided.
b.
Canopies
and other similar features, on the ground floor, may encroach into
the required front yard setback for a distance not to exceed ten (10)
feet beyond the permitted porch or wall plane.
c.
A minimum
of ten (10) feet clearance from the ground shall be provided.
(8)
For properties
with frontage along Broadway (South of Albany):
a.
Min/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, above the
ground floor, 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.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
No building, structure or use shall hereafter be located, erected
or altered in the O-1 or B Districts so as to have a smaller side
yard than fifteen (15) feet, except as follows:
(1)
A minimum
setback for structures shall be provided based on the following:
(2)
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 codes have been
met pertaining to constructions types/standards.
(3)
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.
Corner
side yards shall have a minimum setback of fifteen (15) feet.
d.
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).
(4)
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
(2) feet side setback from the property line.
(5)
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's administrative officer shall
determine the permissible height of a fence, wall or other barrier
from the projection of the natural grade of the land.
(6)
Air-conditioning
units and pool units shall not encroach into any required side yard
setback.
(7)
Main
structure articulation: The maximum exterior side wall plane width
without a minimum of a two (2) foot deep by ten (10) foot wide for
the full height of the structure, above the first floor, offset is
every thirty (30) feet.
a.
Modifications
to the articulation standards may be modified by recommendations from
the architectural review board and after council approval.
(8)
For properties
with frontage along Broadway (North of Albany) and Austin Hwy:
a.
Minimum
side setback of eight (8) feet.
i.
For
properties adjacent to a SF-A or SF-B Zoning District, the minimum
side setback is fifteen (15) feet.
ii.
For
properties adjacent to a SF-A or SF-B Zoning District a looming ratio
of two to one (2:1) height looming applies.
iii.
The looming ratio standard shall not apply to the portion of the
structure that is adjacent to public rights-of-way.
(9)
For properties
with frontage along Broadway (South of Albany):
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
parking facilities if no other 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.
Eaves,
balconies, roof extensions, and other similar features, above the
ground floor, 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.
(10)
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.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
No building, structure or use shall hereafter be located, erected
or altered in the O-1 or B Districts so as to have a smaller rear
yard than twenty-five (25) feet except as regulations 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
(2) 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). The looming ratio standard
shall not apply to the portion of the structure that is adjacent to
public rights-of-way.
(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's administrative
officer shall determine the permissible height of a fence, wall or
other barrier from the projection of the natural grade of the land.
(5)
Air-conditioning
units and pool units may encroach into any required rear yard setback,
but in no case closer than six (6) feet from the property line.
(6)
For properties
with frontage along Broadway or Austin Hwy:
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
The maximum percentage of any lot area in the O-1 or B Districts
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 and Austin Hwy. there shall be no impervious cover
caps.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
No main building or main structure shall be erected, altered
or converted for any use permitted in O-1 or B Districts to exceed
the maximum height of forty-five (45) 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 Street) and 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. (See "height" definition in article I, section 3-2.)
(2)
For properties
with frontage along Broadway and Austin Hwy. all main structures shall
have a minimum height of twenty-eight (28) feet.
(3)
No accessory
structures shall be erected, altered, or converted for any use permitted
in the O-1 or B Districts to exceed the maximum height of twenty-five
(25) feet.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 1774 adopted 6/9/2008; Ordinance
1776 adopted 7/21/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
In the O-1 and B District, 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, for properties with frontage along Broadway
(South of Albany Street).
(2)
Parking
areas located on the side of a structure or adjacent to public rights-of-way
shall be screened via a three (3) foot fence or screening wall.
(3)
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 (4) 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.
(4)
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 be required, except at points of ingress and egress. Such screening
may consist of evergreen shrubs, trees, vines, fences, or walls to
form a continuous and solid visual screen. 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.
(5)
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 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
Any properties within the O-1 and B Districts are required to conform with section 3-88, landscaping regulations, in addition to the following:
(1)
An eight
(8) foot wide landscape area must be provided along the rear, corner
side, and front property lines. The width of the landscape may be
adjusted to below the eight (8) foot requirement for front and corner
side yards based on the setback of the structure. The landscaping
must be contiguous with the entire length of the property line, except
where interrupted by a drive to an alley, pedestrian access to the
property, or courtyards, sitting areas, or other public uses.
(2)
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.
(3)
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.
a.
Minor
variations from the twenty-five (25) feet spacing requirements are
permitted to avoid conflicts with driveway locations and accommodate
other design considerations.
b.
Should
insufficient right-of-way be available for the planting of trees,
between the property line and the paved street, the ARB may recommend
the required trees to be located on the applicant's property adjacent
to public rights-of-way.
c.
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four (4) 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.
d.
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.
(4)
Planting
strips shall be provided 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 and available rights-of-way
widths.
(5)
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.
a.
Sidewalk
locations may be modified (located on private property) in order to
preserve existing trees, natural terrain, or insufficient right-of-way
between the property line and street pavement.
b.
Should
the sidewalk encroach onto private property, a public access easement
shall be provided.
c.
For properties
located along Broadway (South of Albany Street) the minimum sidewalk
width shall be ten (10) feet.
(6)
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.
b.
The architectural
review board may approve other species of plants as part of their
review process.
c.
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.
d.
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.
e.
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.
f.
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.
g.
All required
landscape areas shall be watered with 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.
(7)
Property
screening requirements. Where the property line of a "B" or "O" 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,
a screening fence shall not be required, unless the required screening
is for parking areas.
(8)
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.
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.
g.
Containers
shall be placed on a paved surface of either concrete or asphalt.
Properties located on Broadway, south of Albany, shall be developed
in accordance with the following additional regulations:
h.
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)
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.
a.
Minor
variations from the twenty-five (25) feet spacing requirements are
permitted to avoid conflicts with driveway locations and accommodate
other design considerations.
b.
Should
insufficient right-of-way be available for the planting of trees,
between the property line and the paved street, the ARB may recommend
the required trees to be located on the applicant's property adjacent
to public rights-of-way.
c.
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four (4) 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.
d.
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.
Editor’s note—Ordinance 2075, exh. A, adopted April 24, 2017, changed the title of § 3-70 from "Landscaping" to read as herein set out.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 1964 adopted 4/8/2013; Ordinance
2075, exh. A, adopted 4/24/2017)
