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Alamo Heights City Zoning Code

ARTICLE VI

MULTIPLE-FAMILY DWELLING DISTRICT MF-D 1

[1]
Editor’s note—Ordinance 2037, adopted November 9, 2015, repealed art. VI in its entirety and enacted new provisions to read as herein set out. Former art. VI, secs. 3-42—3-50, pertained to similar subject matter, and derived from Ord. 1750-C, sec. 2, adopted January 28, 2008; Ord. 1774, adopted June 9, 2008; and Ord. 1776, adopted July 21, 2008.

§ 3-40 Preamble.

(a) 
Purpose.
The multi-family zoning standards provide for a mix of multi-family types and style of development intended to reinforce the neighborhood and small town character desired by Alamo Heights residents. The standards permit multi-family buildings of two (2) to four (4) stories in height, depending on location, and require mixed uses along Broadway south of Albany Street in order to encourage pedestrian traffic and extended visits that are essential to a vibrant mix of retail, service and hospitality businesses.
(b) 
Variety.
The standards are intended to allow a variety of desirable multi-family housing types as illustrated in the comprehensive plan adopted on May 26, 2009, including: duplex/triplex/quadplex and larger apartment buildings; attached townhouses; bungalow courts with attached or detached dwellings located around a central garden; courtyard housing with attached dwellings around a central linear walk; and garden walk or lane housing with detached or townhouse dwellings facing a well-landscaped central walk or winding car lane.
(c) 
Character.
The multi-family zoning standards envision multi-family dwellings that are compatible with and reinforce the best design characteristics of Alamo Heights. Such characteristics include front doors and main entries that face the street (or common landscaped areas); front facades that mimic surrounding properties in scale, massing and articulation; building setbacks that respect traditional neighborhood or downtown street patterns; and off-street parking that is located to the rear (or underground), in open spaces or carports or garages, and hidden from (or not prominent in) street views.
(d) 
Public realm.
The multi-family zoning standards are intended to promote a walkable, safe and pedestrian-friendly community. The standards require ample sidewalks, generous planting strips (or tree wells) located between the curb and the sidewalk, and regularly spaced, native canopy trees in the planting strips or tree grates. The standards are designed to promote water conservation and mitigate the effects of noise, dust, artificial lighting intrusions and "heat islands" in developed areas.
(Ordinance 2037 adopted 11/9/2015)

§ 3-41 Land uses.

(a) 
For any multi-family project located on Broadway, south of Albany Street, the 1st floor adjacent to the public rights-of-way shall only be utilized for "Commercial and Retail" land uses which are permitted in Business District One (B-1) and Office District (O-1), as permitted in article II, section 3-8.
(b) 
One-family dwellings, attached and detached, are prohibited on properties that have their front lot line along Broadway or Austin Highway.
(Ordinance 2037 adopted 11/9/2015)

§ 3-42 Lot area.

The minimum lot area in the MF-D shall be in accordance with the following, and no lot existing at the time of passage of this ordinance shall be reduced in area below the minimum requirements set forth herein:
(1) 
One-family dwelling detached: Seven thousand five hundred (7,500) square feet.
(2) 
Two-family dwelling: Nine thousand (9,000) square feet.
(3) 
One-family dwelling attached: Three thousand seven hundred fifty (3,750) square feet. (The required lot area for the initial and final unit of one-family dwelling attached structures is three thousand seven hundred fifty (3,750) square feet for each unit. Each of the remaining (interior) units shall require a lot area equal to at least two thousand two hundred fifty (2,250) square feet per unit. This does not avoid the necessity to meet other requirements of the zoning code and other codes and ordinances.)
(4) 
Multiple-family dwelling up to thirty-five (35) feet: Nine thousand (9,000) square feet for first four (4) units plus one thousand five hundred (1,500) square feet for each added unit.
(5) 
Multiple-family dwelling over thirty-five (35) feet: Twelve thousand (12,000) square feet for first ten (10) units plus six hundred (600) square feet for each added unit.
(Ordinance 2037 adopted 11/9/2015)

§ 3-43 Lot width.

The minimum lot width in the MF-D shall be in accordance with the following, and no lot existing at the time of passage of this ordinance shall be reduced in width below the minimum requirements set forth herein:
(1) 
One-family dwelling detached: Fifty (50) feet.
(2) 
Two-family dwelling: Sixty (60) feet.
(3) 
One-family dwelling attached: Twenty-five (25) feet. (The required lot width of twenty-five (25) feet is for a one-family dwelling attached unit facing the street from which the address is derived. Units to the rear of the initial unit do not add to the required front yard width. This does not avoid the necessity to meet other requirements of the zoning code and other codes and ordinances.)
(4) 
Multiple-family dwelling: Seventy-five (75) feet.
(Ordinance 2037 adopted 11/9/2015)

§ 3-44 Front yard setbacks.

No building, structure or use shall hereafter be located, erected or altered in MF-D so as to have a smaller front yard than twenty (20) feet except as follows:
(1) 
Where the frontage on one (1) side of a street between two (2) street intersections is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire block.
(2) 
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may encroach into the required front yard for a distance not to exceed four (4) feet beyond the permitted porch or wall plane.
(3) 
Where a lot has double frontage, running through from one (1) street to another, the front yard requirements of this section shall apply to any yard of such double frontage lot that is directly across a street from the front property line of another lot.
(4) 
No fence, wall or other man-made, non-living barrier, other than the wall of a permitted structure, shall be erected or altered within the minimum required portion of a front yard in excess of three (3) feet in height measured from the lower side of the fence, wall or other barrier, or in excess of six (6) feet in height within the remaining portion of a front yard measured from the lower side of such fence, wall or other barrier. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the director shall determine the permissible height of a fence, wall or other barrier from the director's projection of the natural grade of the land.
(5) 
Main structure articulation: The maximum exterior front wall plane width without a minimum of a two-foot-deep by ten-foot-wide for the full height of the structure, above the first floor, offset is every thirty (30) feet. Modifications to the articulation standards may be modified by recommendations by the architectural review board and city council approval.
(6) 
For properties with frontage along Broadway, south of Albany:
a. 
Minimum/maximum setback of zero (0) feet.
b. 
Seventy-five (75) percent of building facade at maximum setback.
i. 
The remaining area may be set back further to accommodate courtyards, sitting areas, or other public uses.
ii. 
Minor adjustments to the "percent of the building facade at the maximum setback" may be adjusted based on recommendations from the architectural review board and after approval by city council.
c. 
Eaves, balconies, roof extensions, and other similar features may encroach into the required front yard setback or rights-of-way for a distance not to exceed five (5) feet beyond the permitted porch or wall plane.
i. 
A minimum of fifteen (15) feet clearance from the ground shall be provided.
d. 
Canopies and other similar features may encroach into the required front yard setback or rights-of-way for a distance not to exceed ten (10) feet beyond the permitted porch or wall plane.
i. 
A minimum of ten (10) feet clearance from the ground shall be provided.
For one-family dwellings attached, the units to the rear of the initial unit do not add to the required front yard depth. This does not avoid the necessity to meet other requirements of the zoning code and other codes and ordinances.
(Ordinance 2037 adopted 11/9/2015)

§ 3-45 Side yard setbacks.

No building, structure or use shall hereafter be located, erected or altered in MF-D so as to have a smaller side yard than hereinafter specified, except as follows:
(1) 
Minimum side yard for one-family and two-family residences is six (6) feet.
(2) 
For multiple-family dwellings a minimum setback for the structure shall be provided based on the following:
a. 
Fifteen-foot setback; and
b. 
For properties adjacent to a SF-A or SF-B zoning district a looming ratio of two to one (2:1) height looming applies.
(3) 
Where multiple structures are arranged on a singular lot and have a height less than thirty (30) feet a minimum building separation between structures shall be twelve (12) feet, provided that all fire and building codes have been met pertaining to construction types/standards.
(4) 
Detached garages or other detached accessory buildings shall be located as follows:
a. 
Not less than four (4) feet from the main building.
b. 
Not less than three (3) feet from the side property line for structures with a wall plate not to exceed ten (10) feet.
c. 
Structures with a wall plate greater than ten (10) feet shall have a side setback based on a looming ratio of two to one (2:1).
(5) 
Every part of a required side yard for main structures shall be open and unobstructed except for the ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices, roofs and other architectural features projecting not to exceed two (2) feet into the required side yard but not less than four (4) feet from the property line.
a. 
Accessory structure roof eaves or overhangs are required to have a minimum two-foot side setback from the property line.
(6) 
No fence, wall or other man-made, non-living barrier, other than the wall of a permitted structure, shall be erected or altered in any side yard in excess of eight (8) feet in height measured from the lower side of such fence, wall or other barrier. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the city engineer shall determine the permissible height of a fence, wall or other barrier from the city engineer's projection of the natural grade of the land.
(7) 
Air conditioning units and pool units shall not encroach into any required side yard setback.
(8) 
Main structure articulation: The maximum exterior front wall plane width without a minimum of a two-foot deep by ten-foot wide for the full height of the structure, above the first floor, offset is every thirty (30) feet. Modifications to the articulation standards may be modified by recommendations by the architectural review board and city council approval.
(9) 
For properties with frontage along Broadway or Austin Highway:
a. 
Minimum side setback of zero (0) feet.
b. 
Maximum side setback of eight (8) feet.
i. 
Exemptions to the maximum side yard setback may be provided to allow access to a rear parking facility if no other rear or alley access is provided and for any interior lot, where access to vehicular parking is required. In no case shall the maximum side yard setback be greater than twenty-six (26) feet.
c. 
For properties adjacent to a SF-A or SF-B zoning district a looming ratio of two to one (2:1) height looming applies.
d. 
Eaves, balconies, roof extensions, and other similar features may encroach into the required corner side yard setback or rights-of-way for a distance not to exceed five (5) feet beyond the permitted porch or wall plane.
i. 
A minimum of fifteen (15) feet clearance from the ground shall be provided.
e. 
Canopies and other similar features may encroach into the required corner side yard setback or rights-of-way for a distance not to exceed ten (10) feet beyond the permitted porch or wall plane.
i. 
A minimum of ten (10) feet clearance from the ground shall be provided.
(Ordinance 2037 adopted 11/9/2015)

§ 3-46 Rear yard setbacks.

No building, structure or use shall hereafter be located, erected or altered in MF-D so as to have a smaller rear yard than twenty-five (25) feet, except as follows:
(1) 
Every part of a required rear yard for main structures shall be open and unobstructed except for permitted accessory buildings and ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices and other architectural features projecting not to exceed four (4) feet into the required rear yard.
(2) 
Accessory structure roof eaves or overhangs are required to have a minimum two-foot rear setback from the property line.
(3) 
Detached garages or other detached accessory buildings shall be located as follows:
a. 
Not less than four (4) feet from the main building
b. 
Not less than three (3) feet from the rear property line for structures with a wall plate not to exceed ten (10) feet.
c. 
Structures with a wall plate greater than ten (10) feet shall have a rear setback based on a looming ratio of two to one (2:1).
(4) 
No fence or wall, other than the walls of a permitted structure, shall be erected or altered in any rear yard to exceed a height of eight (8) feet measured from the lower side of such fence, wall or other structure. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the city engineer shall determine the permissible height of a fence, wall or other barrier from the city engineer's projection of the natural grade of the land.
(5) 
Air conditioning units and pool units shall not encroach into any required rear yard setback.
(6) 
For properties with frontage along Broadway or Austin Highway:
a. 
Minimum rear setback of fifteen (15) feet.
b. 
For properties adjacent to a SF-A or SF-B zoning district a looming ratio of two to one (2:1) height looming applies.
(7) 
Main structure articulation: The maximum exterior front wall plane width without a minimum of a two-foot deep by ten-foot wide for the full height of the structure, above the first floor, offset is every thirty (30) feet.
(Ordinance 2037 adopted 11/9/2015)

§ 3-47 Impervious cover.

The maximum percentage of any lot area in the MF-D which may be covered by the main building, all accessory buildings, and impervious cover on the lot or tract shall not exceed eighty-five (85) percent.
(1) 
For properties located on Broadway, south of Albany, and Austin Highway there shall be no impervious cover caps. This section does not waive any other landscaping requirements found within the zoning code.
(Ordinance 2037 adopted 11/9/2015)

§ 3-48 Height.

No main building or main structure shall be erected, altered or converted for any use permitted in MF-D to exceed the maximum height of thirty-five (35) feet, but not to exceed three (3) stories (see "Height" definition). Exceptions are as follows:
(1) 
For properties with frontage along Broadway, south of Albany, or Austin Highway a maximum height of fifty-five (55) feet, from average grade, but not to exceed four (4) stories from the grade of land adjacent to the public rights-of-way frontage shall be permitted.
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a. 
For properties with frontage along Broadway and Austin Highway all main structures shall have a minimum of two (2) stories.
(2) 
No accessory structures shall be erected, altered, or converted for any use permitted in MF-D to exceed the maximum height of twenty-five (25) feet.
(Ordinance 2037 adopted 11/9/2015)

§ 3-49 Required off-street parking.

Off-street parking shall hereafter be provided on each lot or tract upon which a building is erected or upon a contiguous lot or tract, and no building or structure, or part thereof, shall be hereafter erected, altered, converted or enlarged for any permitted use in the district in which it is located unless off-street parking facilities are provided in accordance with the following:
(1) 
Parking must be located in the rear or side of the property, behind the front face of the building.
(2) 
Parking areas located on the side of a structure or adjacent to public rights-of-way shall be screened via a three-foot fence or screening wall.
(3) 
Properties shall provide off-street parking in accordance with the following:
a. 
For the first one (1) to twenty (20) units, two (2) parking spaces for each dwelling.
b. 
For each additional unit, over twenty (20), one and one-half (1.5) spaces shall be provided.
(4) 
Surface parking areas shall be developed in accordance with the following:
a. 
A landscape area shall be provided along all parking area boundaries with a minimum width of eight (8) feet. Breaks in the landscaping areas may be allowed for vehicular, pedestrian, and emergency services access.
b. 
One (1) four-inch caliper tree per eight (8) parking spaces shall be provided. Parking lot trees shall adhere to the following standards:
i. 
The planting area for each tree, whether located at an edge of the parking areas or designed as an interior island or median between parking modules, shall be no less than six (6) feet across in any horizontal direction.
ii. 
All planting areas shall have permeable surfaces and be planted with locally appropriate species as identified in sections 3-50 and 5-152, which may include shrubs, groundcovers, or grasses. If a planting area is used as part of a biological stormwater treatment system, pursuant to an approved drainage plan, groundcovers shall be selected that are appropriate to that function.
(5) 
Parking structures shall not be considered accessory structures and shall be developed in accordance with the following:
a. 
Ground level parking structures.
Ground level parking located under an elevated building shall be screened from public street rights-of-way and any abutting residentially zoned property.
i. 
Screening shall consist of vegetative screening, except at points of ingress and egress. Such screening may consist of shrubs, trees, and vines to form a continuous and solid visual screen, within one (1) year of planting. Such screening shall not be required where a parking structure is wrapped with liner buildings that accommodate active uses other than parking.
b. 
Upper level parking structures.
Each level of a parking structure above the ground level shall be designed to include screening along any facade that is not visually screened by an intervening building or structure from public view.
i. 
Such screening shall consist of architectural and/or landscape elements that are at least three (3) feet six (6) inches in height, as measured from the floor of the level, to provide a continuous and solid visual screen that blocks headlight glare from vehicles parked within the structure.
(Ordinance 2037 adopted 11/9/2015)

§ 3-50 Landscaping, screening, sidewalks and lighting.

Any property within the MF-D is required to conform with section 3-88, Landscaping regulations, in addition to the following:
(1) 
An eight-foot wide landscape area must be provided along the rear property line. The landscaping must be contiguous with the entire length of the property line, except where interrupted by a drive to an alley.
(2) 
Corner lots.
A minimum eight-foot wide landscape area shall be provided along each side yard property line bordering a street. Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
(3) 
Double frontage lots.
The front yards of a double frontage lot shall be landscaped. For these lots both street frontages shall be considered front yards.
(4) 
Lots or tracts of land without buildings and used primarily for parking.
The front yard of a lot or tract of land without buildings and used primarily for parking shall have a landscape area located along its entire length with a minimum width of twenty (20) feet. Each rear and side yard of such lots or tracts of land shall have a landscape area located along its entire length with a minimum width of eight (8) feet.
(5) 
Canopy street trees shall be planted at regular intervals, within the public street rights-of-way. There shall be at least one (1) tree planted for each twenty-five (25) feet of lot frontage, or portion thereof. Minor variations from the twenty-five (25) feet spacing requirement are permitted to avoid conflicts with driveway locations and accommodate other design considerations.
a. 
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four-inch caliper at planting. For trees located under overhead utilities, property owners may install tree species identified as allowable trees according to CPS Energy. The spacing requirements between trees shall be in accordance with the recommended spacing based on the type of tree planted.
b. 
Street trees shall be maintained to provide a clear canopy zone free of limbs, from ground level to eight (8) feet above ground level, for visibility and to avoid potential hazards to pedestrians and vehicles. Additional ground clearance may be required to accommodate emergency response vehicles.
(6) 
Planting strips shall be provided for street trees within the public street right-of-way adjacent to curbs and be a minimum of five (5) feet in width. The minimum width may be adjusted based on existing conditions.
(7) 
Sidewalks of no less than five (5) feet in width shall be installed according to ADA standards, located within the public street right-of-way along all street frontages, and adjacent to property lines. Sidewalk locations (adjacent to property lines) may be modified in order to preserve existing trees or natural terrain. Should the sidewalk encroach onto private property, a public access easement shall be provided.
(8) 
Properties located on Broadway, south of Albany, shall be developed in accordance with the following additional regulations:
a. 
Corner lots: A landscape area shall be provided along each corner side yard property line bordering a street. The width of the landscape area shall be equal to the setback limits of the proposed structure. Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
b. 
Street trees shall be installed in accordance with section 3-50(5) above and be installed in tree openings with minimum dimensions of five (5) feet by eight (8) feet in the dimension parallel to the curb.
c. 
Sidewalks shall be installed in accordance with section 3-50(7) above, except that the minimum width shall be ten (10) feet.
(9) 
Planting standards.
All plantings in satisfaction of this section shall comply with the standards of this subsection:
a. 
Native and adaptive species are preferred in order to promote reduced water use and increased drought resistance.
i. 
The architectural review board may approve other species of plants as part of their review process.
b. 
Undesirable species: No proposed landscape material shall appear on the invasive and noxious weeds list for the State of Texas promulgated by the United States Department of Agriculture, nor on the Texas Noxious Weed List promulgated by the Texas Department of Agriculture.
c. 
Shrubs used for screening shall be three (3) feet or taller in height, as measured from the surrounding soil line, immediately upon planting. Such shrubs shall be maintained at this minimum height, and shall at no time exceed forty-two (42) inches in height.
d. 
Planting within city rights-of-way shall meet any applicable standards, to protect underground and overhead utilities, streets and sidewalks, drainage improvements, street lighting, sight distances, and the visibility of traffic control devices.
e. 
Replacement of required landscaping that is dead or otherwise no longer meets the standards of this section shall occur within sixty (60) days of notification by the city. Replacement material shall be of similar character and quality as the dead or removed landscaping. Failure to replace in a timely manner in accordance with this subsection shall constitute a violation of these regulations.
f. 
All landscape areas on properties with multi-family buildings shall be watered with drip irrigation systems in order to ensure continuous healthy plant growth and development while conserving water. Landscape irrigation systems shall be separately metered from building water uses.
(10) 
Property screening requirements.
Where the property line of a multi-family district is adjacent to a single-family zoned district, an opaque wall or fence of eight (8) feet in height shall be erected separating the rear and/or side.
a. 
When a screening fence is required by this subsection, but where the property line abuts a single-family residential district and street rights-of-way, the screening fence shall have a maximum height of three (3) feet.
(11) 
Trash receptacles screening.
All trash receptacles shall be visually screened from an abutting public street right-of-way and from adjacent property by means of a fence or wall.
a. 
All trash receptacles shall be located at least ten (10) feet from an adjacent lot in a residentially zoned district.
b. 
Enclosure shall extend at least one (1) foot above the container top.
c. 
Dumpsters and garbage bins shall be located behind principal buildings relative to public street frontage whenever practical, and such trash receptacles shall also be accessible from alleys or vehicular access points where available and practical.
d. 
Where site constraints and access make rear yard locations infeasible, containers may be placed in unobtrusive locations in side yards with appropriate screening.
e. 
Openings into enclosures shall be positioned so that view of the containers from the street right-of-way is eliminated.
f. 
Containers shall be located in such a manner that they can be serviced by a refuse hauling vehicle without such vehicle encroaching on or interfering with the public use of streets or sidewalks, and without such vehicle backing out of the property onto public right-of-way.
Containers shall be placed on a paved surface of either concrete or asphalt.
(12) 
Outdoor lighting or devices installed on the exterior of structures shall use "full cut-off" fixtures, low-output bulbs, shields, or other methods to reduce light trespass, glare, and light pollution, and to encourage energy conservation.
(Ordinance 2037 adopted 11/9/2015)