Alamo Heights City Zoning Code
ARTICLE VIII
BUSINESS B AND OFFICE O-1 DISTRICTS
§ 3-61 Preamble.
(1)
Generally.
The Business (B-1, B-2, and B-3) Districts and Office (O-1) Districts zoning standards provide for a mix of commercial land uses, retail land uses, building types and styles, and mixed use developments intended to promote buildings of two (2) to four (4) stories in height, depending on location, and encourages mixed uses along Broadway south of Albany Street in order to encourage pedestrian traffic and extended visits that are essential to sustaining a vibrant mix of retail, service, and hospitality businesses.
(2)
Variety.
The standards are intended to allow a variety of land uses and building types as illustrated in the comprehensive plan adopted on May 26, 2009. These mixed use developments may include, retail, residential, office, commercial, and restaurant land uses.
(3)
Character.
The B and O-1 District standards envision characteristics that include main entries that face the street; building setbacks that conform to traditional downtown street patterns; and off-street parking that is located to the rear of the building face—i.e., to the rear of the property, set back and discretely hidden or screened from street views, whether in open lots, carports, garages or underground structures.
(4)
Public realm.
The B and O-1 District standards are intended to promote a walkable, safe, and pedestrian-friendly community. The standards require ample sidewalks, generous planting strips (or tree wells) located between the curb and the sidewalk, and regularly spaced, native canopy trees to provide shade and a well-defined buffer between pedestrian and vehicular traffic. The standards are designed to encourage water conservation and mitigate the effects of noise, dust, artificial lighting intrusions on adjacent properties, and "heat islands" in developed areas.
(Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-62 Land uses.
Land uses which are permitted by right shall be developed according to the regulations found in this article. Multi-family developments, permitted by right, shall be developed according to the regulations found in article VI, Multiple-Family Dwelling District (MF-D).
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-63 Lot width.
The minimum lot width for the B-1, B-2, B-3, and O-1 Districts shall be in accordance with the following, and no lot existing at the time of passage of this ordinance shall be reduced in width below the minimum requirements set forth herein:
(1)
Seventy-five (75) feet in width along the frontage.
(2)
Reductions in the minimum lot widths and zero lot lines (for common wall or attached developments) may be permitted and approved as part of the "final design review process", and as part of plat or replat:
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-64 Front yard setbacks.
No building, structure or use shall hereafter be located, erected or altered in the O-1 or B Districts so as to have a smaller front yard than twenty (20) feet minimum except as follows:
(1)
Where the frontage on one (1) side of a street between two (2) street intersections is divided by two (2) or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire block. Business (B) and Office (O-1) District - front yard setback changed from twenty (20) feet to eight (8) feet as reviewed by the commercial code committee (CCC).
(2)
The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may encroach into the required front yard for a distance not to exceed four (4) feet beyond the permitted porch or wall plane.
(3)
Where a lot has double frontage, running through from one (1) street to another, the front yard requirements of this section shall apply to any yard of such double frontage lot that is directly across a street from the front property line of another lot.
(4)
No fence, wall or other 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 city building official shall determine the permissible height of a fence, wall or other barrier from the director's projection of the natural grade of the land.
(5)
Main structure articulation: The maximum exterior front wall plane width without a minimum of a two (2) foot deep by ten (10) foot wide for the full height of the structure, above the first floor, offset is every thirty (30) feet.
a.
Articulation standards may be modified by recommendations by the architectural review board and council approval.
(6)
Eaves, balconies, roof extensions, and other similar features, above the ground floor, may encroach into the required front yard setback for a distance not to exceed five (5) feet beyond the permitted porch or wall plane.
a.
A minimum of fifteen (15) feet clearance from the ground shall be provided.
b.
Canopies and other similar features, on the ground floor, may encroach into the required front yard setback for a distance not to exceed ten (10) feet beyond the permitted porch or wall plane.
c.
A minimum of ten (10) feet clearance from the ground shall be provided.
(8)
For properties with frontage along Broadway (south of Albany):
a.
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, above the ground floor, may encroach into the required front yard setback or rights-of-way for a distance not to exceed five (5) feet beyond the permitted porch or wall plane.
i.
A minimum of fifteen (15) feet clearance from the ground shall be provided.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-65 Side yard setbacks.
No building, structure or use shall hereafter be located, erected or altered in the O-1 or B Districts so as to have a smaller side yard than fifteen (15) feet, except as follows:
(1)
A minimum setback for structures shall be provided based on the following:
(2)
Where multiple structures are arranged on a singular lot and have a height less than thirty (30) feet a minimum building separation between structures shall be twelve (12) feet, provided that all fire codes have been met pertaining to construction types/standards.
(3)
Detached accessory buildings shall be located as follows:
a.
Not less than four (4) feet from the main building.
b.
Not less than three (3) feet from the side property line for structures with a wall plate not to exceed ten (10) feet.
c.
Corner side yards shall have a minimum setback of fifteen (15) feet.
d.
Structures with a wall plate greater than ten (10) feet shall have a side setback based on a looming ratio of two to one (2:1).
(4)
Every part of a required side yard for main structures shall be open and unobstructed except for the ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices, roofs and other architectural features projecting not to exceed two (2) feet into the required side yard but not less than four (4) feet from the property line.
a.
Accessory structure roof eaves or overhangs are required to have a minimum two (2) feet side setback from the property line.
(5)
No fence, wall or other 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's building official shall determine the permissible height of a fence, wall or other barrier from the projection of the natural grade of the land.
(6)
Air conditioning units and pool units shall not encroach into any required side yard setback.
(7)
Main structure articulation: The maximum exterior side wall plane width without a minimum of a two (2) foot deep by ten (10) foot wide for the full height of the structure, above the first floor, offset is every thirty (30) feet.
a.
Modifications to the articulation standards may be modified by recommendations from the architectural review board and after council approval.
(8)
For properties with frontage along Broadway (north of Albany) and Austin Highway:
a.
Minimum side setback of eight (8) feet.
i.
For properties adjacent to a SF-A or SF-B zoning district, the minimum side setback is fifteen (15) feet.
ii.
For properties adjacent to a SF-A or SF-B zoning district a looming ratio of two to one (2:1) height looming applies.
iii.
The looming ratio standard shall not apply to the portion of the structure that is adjacent to public rights-of-way.
(9)
For properties with frontage along Broadway (south of Albany):
a.
Minimum side setback of zero (0) feet.
b.
Maximum side setback of eight (8) feet.
i.
Exemptions to the maximum side yard setback may be provided to allow access to parking facilities if no other access is provided and for any interior lot, where access to vehicular parking is required. In no case shall the maximum side yard setback be greater than twenty-six (26) feet.
c.
Eaves, balconies, roof extensions, and other similar features, above the ground floor, may encroach into the required corner side yard setback or rights-of-way for a distance not to exceed five (5) feet beyond the permitted porch or wall plane.
i.
A minimum of fifteen (15) feet clearance from the ground shall be provided.
(10)
Corner lots: A landscape area shall be provided along each corner side yard property line bordering a street. The width of the landscape area shall be equal to the setback limits of the proposed structure. Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-66 Rear yard setbacks.
No building, structure or use shall hereafter be located, erected or altered in the O-1 or B Districts so as to have a smaller rear yard than twenty-five (25) feet except as follows:
(1)
Every part of a required rear yard for main structures shall be open and unobstructed except for permitted accessory buildings and ordinary projections of window sills, roof eaves or overhangs, belt courses, cornices and other architectural features projecting not to exceed four (4) feet into the required rear yard.
(2)
Accessory structure roof eaves or overhangs are required to have a minimum two (2) foot rear setback from the property line.
(3)
Detached garages or other detached accessory buildings shall be located as follows:
a.
Not less than four (4) feet from the main building.
b.
Not less than three (3) feet from the rear property line for structures with a wall plate not to exceed ten (10) feet.
c.
Structures with a wall plate greater than ten (10) feet shall have a rear setback based on a looming ratio of two to one (2:1). The looming ratio standard shall not apply to the portion of the structure that is adjacent to public rights-of-way.
(4)
No fence or wall, other than the walls of a permitted structure, shall be erected or altered in any rear yard to exceed a height of eight (8) feet measured from the lower side of such fence, wall or other structure. When the grade of the land adjacent to the location of a fence, wall or other barrier has been altered from its natural condition, the city's building official shall determine the permissible height of a fence, wall or other barrier from the projection of the natural grade of the land.
(5)
Air conditioning units and pool units may encroach into any required rear yard setback, but in no case closer than six (6) feet from the property line.
(6)
For properties with frontage along Broadway or Austin Highway:
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-67 Impervious cover.
The maximum percentage of any lot area in the O-1 or B Districts which may be covered by the main building, all accessory buildings, and impervious cover on the lot or tract shall not exceed eighty-five (85) percent.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-68 Height.
No main building or main structure shall be erected, altered or converted for any use permitted in O-1 or B Districts to exceed the maximum height of forty-five (45) feet, but not to exceed three (3) stories (see "Height" definition). Exceptions are as follows:
(1)
For properties with frontage along Broadway (south of Albany Street) and Austin 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. (See "Height" definition in article I, section 3-2.)
(2)
For properties with frontage along Broadway and Austin Highway all main structures shall have a minimum height of twenty-eight (28) feet.
(3)
No accessory structures shall be erected, altered, or converted for any use permitted in the O-1 or B Districts to exceed the maximum height of twenty-five (25) feet.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 1774 adopted 6/9/2008; Ordinance 1776 adopted 7/21/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-69 Required off-street parking.
In the O-1 and B District, off-street parking shall hereafter be provided on each lot or tract upon which a building is erected or upon a contiguous lot or tract, and no building or structure, or part thereof, shall be hereafter erected, altered, converted or enlarged for any permitted use in the district in which it is located unless off-street parking facilities are provided in accordance with the following:
(1)
Parking must be located in the rear or side of the property, behind the front face of the building, for properties with frontage along Broadway (south of Albany Street).
(2)
Parking areas located on the side of a structure or adjacent to public rights-of-way shall be screened via a three (3) foot fence or screening wall.
(3)
Surface parking areas shall be developed in accordance with the following:
a.
A landscape area shall be provided along all parking area boundaries with a minimum width of eight (8) feet. Breaks in the landscaping areas may be allowed for vehicular, pedestrian, and emergency services access.
b.
One (1) four (4) inch caliper tree per eight (8) parking spaces shall be provided. Parking lot trees shall adhere to the following standards:
i.
The planting area for each tree, whether located at an edge of the parking areas or designed as an interior island or median between parking modules, shall be no less than six (6) feet across in any horizontal direction.
ii.
All planting areas shall have permeable surfaces and be planted with locally appropriate species as identified in sections 3-50 and 5-152, which may include shrubs, groundcovers, or grasses. If a planting area is used as part of a biological stormwater treatment system, pursuant to an approved drainage plan, groundcovers shall be selected that are appropriate to that function.
(4)
Parking structures shall not be considered accessory structures and shall be developed in accordance with the following:
a.
Ground level parking structures.
Ground level parking located under an elevated building shall be screened from public street rights-of-way and any abutting residentially zoned property.
i.
Screening shall be required, except at points of ingress and egress. Such screening may consist of evergreen shrubs, trees, vines, fences, or walls to form a continuous and solid visual screen. Such screening shall not be required where a parking structure is wrapped with liner buildings that accommodate active uses other than parking.
b.
Upper level parking structures.
Each level of a parking structure above the ground level shall be designed to include screening along any facade that is not visually screened by an intervening building or structure from public view.
(5)
Such screening shall consist of architectural and/or landscape elements that are at least three (3) feet six (6) inches in height, as measured from the floor of the level, to provide a continuous and solid visual screen that blocks headlight glare from vehicles parked within the structure.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 2075, exh. A, adopted 4/24/2017)
§ 3-70 Landscaping, sidewalks, screening and lighting.
Any properties within the O-1 and B Districts are required to conform with section 3-88, Landscaping regulations, in addition to the following:
(1)
An eight (8) foot wide landscape area must be provided along the rear, corner side, and front property lines. The width of the landscape may be adjusted to below the eight (8) foot requirement for front and corner side yards based on the setback of the structure. The landscaping must be contiguous with the entire length of the property line, except where interrupted by a drive to an alley, pedestrian access to the property, or courtyards, sitting areas, or other public uses.
(2)
Double frontage lots.
The front yards of a double frontage lot shall be landscaped. For these lots both street frontages shall be considered front yards.
(3)
Canopy street trees shall be planted at regular intervals, within the public street rights-of-way. There shall be at least one (1) tree planted for each twenty-five (25) feet of lot frontage, or portion thereof.
a.
Minor variations from the twenty-five (25) feet spacing requirement are permitted to avoid conflicts with driveway locations and accommodate other design considerations.
b.
Should insufficient right-of-way be available for the planting of trees, between the property line and the paved street, the ARB may recommend the required trees to be located on the applicant's property adjacent to public rights-of-way.
c.
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four (4) inch caliper at planting. For trees located under overhead utilities, property owners may install tree species identified as allowable trees according to CPS Energy. The spacing requirements between trees shall be in accordance with the recommended spacing based on the type of tree planted.
d.
Street trees shall be maintained to provide a clear canopy zone free of limbs, from ground level to eight (8) feet above ground level, for visibility and to avoid potential hazards to pedestrians and vehicles. Additional ground clearance may be required to accommodate emergency response vehicles.
(4)
Planting strips shall be provided within the public street right-of-way adjacent to curbs and be a minimum of five (5) feet in width. The minimum width may be adjusted based on existing conditions and available rights-of-way widths.
(5)
Sidewalks of no less than five (5) feet in width shall be installed according to ADA standards, located within the public street right-of-way, along all street frontages, and adjacent to property lines.
a.
Sidewalk locations may be modified (located on private property) in order to preserve existing trees, natural terrain, or insufficient right-of-way between the property line and street pavement.
b.
Should the sidewalk encroach onto private property, a public access easement shall be provided.
c.
For properties located along Broadway (south of Albany Street) the minimum sidewalk width shall be ten (10) feet.
(6)
Planting standards.
All plantings in satisfaction of this section shall comply with the standards of this subsection:
a.
Native and adaptive species are preferred in order to promote reduced water use and increased drought resistance.
b.
The architectural review board may approve other species of plants as part of their review process.
c.
Undesirable species: No proposed landscape material shall appear on the invasive and noxious weeds list for the State of Texas promulgated by the United States Department of Agriculture, nor on the Texas Noxious Weed List promulgated by the Texas Department of Agriculture.
d.
Shrubs used for screening shall be three (3) feet or taller in height, as measured from the surrounding soil line, immediately upon planting. Such shrubs shall be maintained at this minimum height, and shall at no time exceed forty-two (42) inches in height.
e.
Planting within city rights-of-way shall meet any applicable standards, to protect underground and overhead utilities, streets and sidewalks, drainage improvements, street lighting, sight distances, and the visibility of traffic control devices.
f.
Replacement of required landscaping that is dead or otherwise no longer meets the standards of this section shall occur within sixty (60) days of notification by the city. Replacement material shall be of similar character and quality as the dead or removed landscaping. Failure to replace in a timely manner in accordance with this subsection shall constitute a violation of these regulations.
g.
All required landscape areas shall be watered with irrigation systems in order to ensure continuous healthy plant growth and development while conserving water. Landscape irrigation systems shall be separately metered from building water uses.
(7)
Property screening requirements.
Where the property line of a B or O-1 District is adjacent to a single-family zoned district, an opaque wall or fence of eight (8) feet in height shall be erected separating the rear and/or side.
a.
When a screening fence is required by this subsection, but where the property line abuts a single-family residential district and street rights-of-way, a screening fence shall not be required, unless the required screening is for parking areas.
(8)
Trash receptacles screening.
All trash receptacles shall be visually screened from an abutting public street right-of-way and from adjacent property by means of a fence or wall.
a.
All trash receptacles shall be located at least ten (10) feet from an adjacent lot.
b.
Enclosure shall extend at least one (1) foot above the container top.
c.
Dumpsters and garbage bins shall be located behind principal buildings relative to public street frontage whenever practical, and such trash receptacles shall also be accessible from alleys or vehicular access points where available and practical.
d.
Where site constraints and access make rear yard locations infeasible, containers may be placed in unobtrusive locations in side yards with appropriate screening.
e.
Openings into enclosures shall be positioned so that view of the containers from the street right-of-way is eliminated.
f.
Containers shall be located in such a manner that they can be serviced by a refuse hauling vehicle without such vehicle encroaching on or interfering with the public use of streets or sidewalks, and without such vehicle backing out of the property onto public right-of-way.
g.
Containers shall be placed on a paved surface of either concrete or asphalt. Properties located on Broadway, south of Albany, shall be developed in accordance with the following additional regulations:
h.
Corner lots: A landscape area shall be provided along each corner side yard property line bordering a street. The width of the landscape area shall be equal to the setback limits of the proposed structure. Landscaping within a triangular area formed by intersecting street lines shall comply with the requirements of sections 16-71 through 16-77 of the Code of Ordinances.
(9)
Canopy street trees shall be planted at regular intervals, within the public street rights-of-way. There shall be at least one (1) tree planted for each twenty-five (25) feet of lot frontage, or portion thereof.
a.
Minor variations from the twenty-five (25) feet spacing requirements are permitted to avoid conflicts with driveway locations and accommodate other design considerations.
b.
Should insufficient right-of-way be available for the planting of trees, between the property line and the paved street, the ARB may recommend the required trees to be located on the applicant's property adjacent to public rights-of-way.
c.
Allowable street trees shall be of the species identified in section 5-152 and must be a minimum size of four (4) inch caliper at planting. For trees located under overhead utilities, property owners may install tree species identified as allowable trees according to CPS Energy. The spacing requirements between trees shall be in accordance with the recommended spacing based on the type of tree planted.
d.
Street trees shall be maintained to provide a clear canopy zone free of limbs, from ground level to eight (8) feet above ground level, for visibility and to avoid potential hazards to pedestrians and vehicles. Additional ground clearance may be required to accommodate emergency response vehicles.
(Ordinance 1750-C, sec. 2, adopted 1/28/2008; Ordinance 1964 adopted 4/8/2013; Ordinance 2075, exh. A, adopted 4/24/2017)