A.
Residential dimensional standards
|
Agriculture AG
|
Estate Residential R-1
|
Suburban Residential R-2
|
Transition Residential R-3
|
Urban Residential R-4
|
Multifamily & Amenity 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
|
356
|
356
|
35/25
|
|
Maximum Building Footprint (per building)
|
25,000 sf7 8
| ||||||
|
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.
|
|
6.
|
Structures proposing heights in this district that are higher
than the Maximum Height may seek to do so by applying for an SUP.
See Section 3.5.6.
|
|
7.
|
Structures proposing footprints larger than the Maximum Building
Footprint may seek to do so by applying for an SUP. See Section 3.5.6.
|
|
8.
|
No amenity use may be larger than 2,500 sf without an SUP under
footnote 7 above.
|
B.
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 (C-3)
|
Medium Commercial (C-2)
|
Neighborhood Commercial (C-1)
|
Public (P)
|
Hill Country Overlay
| |
|---|---|---|---|---|---|---|---|---|
|
Non-Residential Uses
| ||||||||
|
Minimum Front Setback/Maximum Front Setback (ft)
|
101,3/NA
|
101,3/NA
|
NA3/52
|
253/NA
|
253/NA
|
503/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; 25/NA
|
25; 50/NA
|
25; 50/NA
| |
|
Rear Yard Setback (ft)
|
10
|
10
|
NA
|
25
|
25
|
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
|
10,000/NA
|
10,000/NA
|
Per Zoning
|
|
Minimum Lot Frontage
|
355
|
705
|
NA
|
705
|
705
|
705
|
705
|
Per Zoning
|
|
Minimum Lot Width (Interior/Corner) (ft)
|
35/40
|
80/85
|
NA
|
80/85
|
80/85
|
80/85
|
80/85
|
80/85
|
|
Minimum Lot Depth (ft)
|
45
|
80
|
NA
|
110
|
110
|
110
|
110
|
110
|
|
Maximum Height (ft)
|
306
|
306
|
256
|
306
|
306
|
256
|
40
|
35
|
|
Maximum Building Footprint (per building)
|
35,0007
|
35,0007
|
35,0007
|
50,0007
|
35,0007
|
15,0007
|
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.
|
|
6.
|
Structures proposing heights in this district that are higher
than the Maximum Height may seek to do so by applying for an SUP.
See Section 3.5.6.
|
|
7.
|
Structures proposing footprints larger than the Maximum Building
Footprint may seek to do so by applying for an SUP. See Section 3.5.6.
|
C.
Minimum requirements.
1.
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.
2.
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.
D.
Required setbacks and yards.
3.
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.
4.
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.
E.
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.
F.
Illustrations of dimensional regulations. See Definitions.
G.
Rules for interpreting dimensional standards.
1.
Side yard on a corner lot.
(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.
2.
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.
3.
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.
H.
Exceptions, adjustments and alternative compliance.
1.
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.
(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.
2.
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.
I.
Permitted setback encroachments
1.
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.
(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.
2.
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.
(Ordinance 475 adopted 6/28/22; Ordinance
540 adopted 8/27/2024)
A.
Applicability.
1.
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.
B.
General requirements.
1.
Calculation of spaces.
(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
2.
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.
3.
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.
4.
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.
C.
Shared parking calculation.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
D.
Parking requirements for new or unlisted use.
1.
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.
2.
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).
3.
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.
E.
Circulation and parking requirements for all non-residential and
mixed-use developments.
1.
Applicability. The regulations provided in this subsection 3.4.2.E shall apply to all Non-Residential
or Mixed-Use development.
2.
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.
3.
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
|
4.
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.
5.
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.
6.
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].
7.
Fire lanes. Drive aisles must meet fire lane requirements where
needed for fire access.
F.
Stacking requirements.
1.
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.
2.
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.
3.
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
|
G.
Bicycle parking.
1.
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
|
|
2.
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.
3.
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.
4.
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.
H.
Parking garage function and design.
1.
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).
2.
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
|
|
3.
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).
4.
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.
I.
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)
A.
Purpose.
1.
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.
B.
Single-family residential design standards.
1.
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.
2.
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.
3.
4.
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.
|
5.
[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
|
6.
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.
7.
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.).
C.
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)
|
D.
Garage standards.
1.
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
|
|
2.
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).
3.
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.
4.
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
5.
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)
A.
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.
B.
Elements required on all buildings. All high-density residential
development shall meet the following base standards, as applicable:
1.
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.
2.
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.
3.
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.
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.
5.
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.
C.
Minimum required amenity and design options.
1.
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).
2.
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.
3.
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.
4.
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;
5.
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;
6.
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.
7.
Only one (1) credit may be claimed per item provided.
E.
Density bonus options.
1.
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.
2.
Density bonuses may be applied cumulatively to a development.
3.
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:
4.
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:
5.
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:
6.
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; Ordinance
540 adopted 8/27/2024)
A.
Purpose and intent.
1.
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.
2.
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.
3.
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.
4.
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.
B.
Applicability.
1.
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.
2.
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.
3.
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.
C.
Elements required on all buildings.
1.
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.
2.
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.
3.
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.
4.
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 façade length (see Figure
3.4.5-1). Depth articulation applies only below the roofline. Alternatively,
depth articulation of at least three (3) feet may be provided every
fifty (50) feet of a building façade length if, in addition
to preceding articulation, at least one of the following is provided
and the Planning Director determines the building design meets the
intent in subsection 4, above:
|
Figure 3.4.5-1: Depth Articulation (Plan View Looking
Down)
|
|
(1)
A perceptible change in the primary façade material such that
no single material is used on more than two-thirds of the building
façade for which the increased length in depth articulation
is granted. A change may be achieved by a change in color of the same
material (e.g. use of different types of stone); a change in material
(e.g. use of sone and brick); or a combination thereof.
(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
|
|
5.
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.
6.
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. The Planning
Director may reduce or waive this requirement for buildings with an
area less than 500 square feet and for the facade of building adjacent
to interior restrooms, storage areas, and other areas where glazing
is not appropriate.
(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.
7.
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.
D.
Minimum elements needed for approval.
1.
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.
3.
To qualify for approval under this subsection 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.
(iv)
A reduction in the number of required features from subsection 3.4.5.F–H may be granted by the Planning
Director for a building between 0 and 2,500 square feet.
(v)
If a structure or building is unable to meet design requirements of section 3.4.5 due to its specific use(s) or functions(s), such as water or wastewater treatment plants and other utility facilities, the Planning Director may modify the requirements of this section; provided, however, The Planning Director may also prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects when granting any modification.
E.
Incentives for providing additional features above minimum required.
(Height Bonus)
F.
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.
| |
G.
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, native
ornamental grasses, 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.
|
H.
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.
| |
I.
Redevelopment of existing non-conforming building or development.
1.
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.
2.
The proposed building or development may eliminate an additional
required item in one or both of the following situations:
J.
Assurance of mixed-use in MU-N, MU-C and MU-TC Districts.
1.
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.
2.
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:
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024; Ordinance 540 adopted 8/27/2024)
B.
Applicability.
1.
Properties within the boundaries of the Hill Country Overlay
District may be developed using either the dimensional standards in
Section 3.4.1 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 3.3.5.
2.
The following regulations are in addition to the underlying
base district regulations found elsewhere in this Section 3.4. In
the event of a conflict, the regulations of the Overlay shall govern.
C.
Buildings and site development.
1.
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.
2.
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.
3.
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.
(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:
4.
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.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
A.
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.
B.
Applicability.
1.
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.
2.
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.
3.
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.
C.
E.
Development regulations.
1.
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.
2.
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.
3.
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.
5.
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.
6.
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)
A.
B.
Conditional uses and standards.
1.
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. ADUs count toward the maximum number of Accessory Buildings or Structures permitted by subsection 3.4.9.B.3(i)
(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.
2.
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.
3.
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.
4.
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.
6.
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.
(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.
(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.
7.
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.
8.
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.
9.
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.
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.
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:
(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.
(iii)
All other temporary buildings are prohibited.
(Ordinance 475 adopted 6/28/22; Ordinance
534 adopted 5/28/2024)
A.
Limitations on placement of placement of accessory buildings and
structures.
1.
Accessory Buildings and Structures are prohibited within the
front yard of any lot or in front of the primary building.
2.
Accessory Buildings and Structures are not permitted without
a primary building or structure.
3.
Accessory Buildings and Structures are prohibited within any
easement.
4.
At least ten (10) feet of separation is required between an
Accessory Building or Structure and any other building or structure.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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).
B.
Limitation on size of accessory buildings and structures.
1.
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.
2.
Accessory Buildings and Structures must be placed entirely behind
the front building line of the property on which they are constructed.
3.
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. No more than one (1) Accessory Building
or Structure may be an Accessory Dwelling Unit (ADU). An ADU may exceed
750 square feet, but shall adhere to the standards of subsection 3.4.8.B.1.
(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.
4.
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.
C.
Design requirements for accessory buildings and structures.
1.
An Accessory Building or Structure may not exceed the height
of the primary building or structure.
2.
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.
D.
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; Ordinance
534 adopted 5/28/2024)
A.
Purpose.
1.
The purpose of this Section is to allow for the utilization
of residential property for business purposes is secondary to its
active residential use.
2.
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.
3.
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.
B.
Authorized home occupations. The Following Uses Are Allowed as Home
Occupations:
1.
Barber or Beautician, provided that such services are by appointment
only and serve no more than one (1) customer at a time.
2.
Bicycle Repair conducted entirely indoors.
3.
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.
4.
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.
5.
Creative artist such as an author, painter, sculptor, or video,
film, or music editor.
6.
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.
7.
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.
8.
Office of clergy, imam, minister, pastor, priest, rabbi, or
other religious leader.
9.
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.
C.
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:
1.
The Home Occupation shall produce no alteration or change in
the character or exterior appearance of the principal dwelling.
2.
The Home Occupation shall not exceed twenty percent (20%) of
the floor area or five hundred (500) square feet, whichever is less.
3.
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).
4.
The occupation shall not employ more than one (1) person who
is not a member of the same household occupying the residence.
5.
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.
6.
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.
7.
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.
8.
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.
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.
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)
A.
Purpose.
1.
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
2.
To further the City's goal of eliminating such non-conformities
as they are altered, improved, abandoned, or amortized over time.
B.
Applicability.
1.
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.
2.
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.
C.
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.
D.
Non-conforming lot.
1.
2.
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.
E.
Non-conforming use.
1.
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.
2.
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
subsection 4 below and subsections
3.4.3., 3.4.4., and 3.4.5, as applicable.
(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.
3.
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:
4.
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.
6.
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.
F.
Non-conforming structure.
1.
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.
2.
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.
4.
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.
G.
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
| ||
|
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))
| |
H.
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; Ordinance
534 adopted 5/28/2024)
A.
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.
B.
Action by the Board to begin analysis.
1.
If Council so directs, the Zoning Board of Adjustment shall,
at its next available meeting, make a motion to do the following:
2.
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.
C.
Notification of parties.
1.
The property owner subject to the amortization must be notified
prior to the initial meeting of the Board.
2.
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.
3.
The term "owner" may refer to both the property owner and the
business owner.
D.
Content of initial meeting.
1.
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.
2.
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.
E.
Public hearings required.
1.
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.
2.
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.
3.
Staff may also present other evidence requested by Council in
its action initiating the amortization or requested by the Board at
its initial meeting.
4.
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.
5.
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.
6.
The Board may request further information or evidence be provided
by staff at the second public hearing.
7.
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.
F.
Final Board of Adjustment action.
1.
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.
2.
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.
3.
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.
4.
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.)
5.
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).
G.
Appeal and extension of order.
1.
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:
2.
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.
3.
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.
(Ordinance 475 adopted 6/28/22)
