Editor's note:

Background: On February 26, 2004, the Austin City Council directed the City Manager by resolution "… to prepare recommendations for citywide design standards for commercial and retail development. These recommended citywide design standards shall constitute the best practices of the standards adopted by communities around the nation and shall require design standards that reflect Austin's unique historic, landscape and architectural character…"

In order to implement the Council's direction, a specially appointed Task Force met over several months to consider research and input from the public, various stakeholder groups, and individuals. The Task Force sought to understand the preferences of Austin citizens and the design regulations of other cities prior to developing a recommendation.

The Task Force produced, and in May 2005 the City Council adopted, a policy report entitled "Raising the Design Standards in Austin, Texas." The Task Force report identified a number of areas where regulatory improvements are necessary in order to raise the bar of development quality in Austin. The general intent was to develop regulations that will foster a built environment of aesthetic and sustainable value, enhance economic development efforts, promote Austin's unique character and natural environment, and ensure an efficient development review process.

The proposals for new standards were intended to raise the level of quality for all non-residential and mixed-use development, but within a regulatory structure offering options and flexibility, not strict requirements. New development would be subject to a set of minimum site and building design standards, recognizing that all new development, regardless of size, should be subject to minimum standards. The following topics were addressed in the Task Force report: Development orientation; Parking; Land use; Signs; Stormwater management; Connectivity; Exterior lighting; Screening and compatibility; and Building design.

In each of these topic areas, the Task Force report discussed the key issue generally and proposed regulatory language to address the issue. In a few areas, specific ordinance language was proposed, but in most areas the proposed language recommended general approaches rather than actual ordinance language. In some areas, the proposed new standards would be new for Austin, while in other areas the proposed standards would require amendments to the Austin Code.

This Subchapter is intended to implement the Task Force report by establishing a clear, user-friendly, and legally enforceable ordinance that will result in improved development quality in Austin. This Subchapter is officially known as Subchapter E of Chapter 25-2 of the City Code. This Subchapter was adopted on August 31, 2006, and will become effective on January 13, 2007. The Task Force recommends reviewing this Subchapter once it has been in place for one year.

How to use this Subchapter:

Applicability is Based on Adjacent Roadway and Type of Development: This Subchapter recognizes that development should reflect and respond to its location within the city. For example, a commercial development in a suburban location can (and often should) look and function differently than a commercial development in downtown Austin. Because roadways provide both access to a site and define the urban design framework of the city, roadway types have been used as an organizing tool to establish many of the new development standards in this Subchapter. This approach is intended to help ensure a cohesive development pattern along Austin's streets and remove some of the inconsistency that arises from having a variety of zoning districts fronting a single roadway.

Because many of the standards in this Subchapter are defined based on roadway type(s) near the property, an important first step in the development process is to determine the roadway types that are adjacent to a site. The size of the site and the type of development (residential, commercial, mixed use, etc.) also need to be considered, since different standards may apply. The applicability chart in Article 1 summarizes the applicability of all the standards in this Subchapter, based on type of adjacent roadways and development activity.

The following different types of roadways are identified in this Subchapter:

Core Transit Corridors include roadways that have or will have a sufficient population density, mix of uses, and transit facilities to encourage and support transit use. Existing Core Transit Corridors have been designated and are defined in Article 5 and shown on Figure 1. Examples include South Congress Avenue (north of Stassney Lane) and Anderson Lane (between Burnet Road and Mopac). Additional Core Transit Corridors may be designated in the future through neighborhood planning processes.

Hill Country Roadways are those roadways identified in Section 25-2-1103, such as RM 2222 and Southwest Parkway. Standards in this Subchapter that reference the Hill County Roadway designation apply to all properties within 1000 feet of these roadways.

Highways include all freeways, parkways, expressways, and frontage roads identified in the Austin Area Metropolitan Transportation Plan, except for Core Transit Corridors.

Internal Circulation Routes are public streets or private drives edged by a curb within a development.

Suburban Roadways are roads outside the Urban Roadway Boundary, defined below and shown on Figure 2, that are not Core Transit, Hill Country, or Highway Roadways.

Urban Roadways are roads other than those designated as Core Transit Corridors and Highways located within the following boundaries, as shown on Figure 2:

183 from Burnet to Hwy 71

Hwy 71 from 183 to Loop 1

Loop 1 from Hwy 71 to Lake Austin

Lake Austin from Loop 1 to Exposition

Exposition from Lake Austin to 35th

35th from Exposition to Loop 1

Loop 1 from 38th to RM 2222

RM 2222 from Loop 1 to Mesa

Mesa from RM 2222 to Spicewood Springs Road

Spicewood Springs Road from Mesa to 360

360 from Spicewood Springs Road to Great Hills Trail

Great Hills Trail from 360 to 183

183 from Great Hills Trail to Braker

Braker from 183 to Burnet

Burnet from Braker to 183

Figure 1: Core Transit Corridors (CTC) and Future Core Transit Corridors Map (May 10, 2010)

Figure 2: Urban/Suburban Roadways Map

How this Subchapter is organized:

This Subchapter is divided into five Articles.

Article 1 includes General Provisions that should be reviewed for all development and redevelopment projects. Most importantly, a chart summarizes the applicability of the various standards based on roadway types and development types.

To allow flexibility in administering this Subchapter, this Article includes a "minor modification" provision that allows for City staff to approve small deviations from otherwise applicable standards in order to protect natural or historic features or to address unique site conditions.

The Article also encourages creativity and innovative design by allowing an applicant to propose an alternative approach to meeting the standards of the Subchapter through the "alternative equivalent compliance" provision.

Article 2 includes Site Development Standards intended to ensure that buildings relate appropriately to surrounding developments and streets, promote efficient pedestrian and vehicle circulation, and provide parking in safe and appropriate locations, while creating a unique and identifiable image for development in Austin. In particular, standards in this Article address the following:

Relationship of buildings to streets and walkways (based on roadway type);

Connectivity (based on roadway type);

Exterior lighting;

Screening of equipment and utilities; and

Private common open space and pedestrian amenities.

Article 3 includes Building Design Standards intended to address the physical appearance of buildings subject to this Subchapter. Included are:

General requirements for glazing and shading to ensure that building façades are pedestrian-friendly; and

Additional options to improve building design. An applicant may choose which of these options to meet from a flexible, point-based menu. All buildings subject to this section must reach a minimum number of points, with additional points required for certain building types (e.g., buildings with trademarked design features, large buildings or long façades, and buildings using a large percentage of certain building materials.)

Article 4 includes standards and incentives for Mixed Use development. This Article includes descriptions and standards for the Mixed Use Combining District and the Vertical Mixed Use Overlay District. This Article also includes standards and incentives for the development of Vertical Mixed Use (VMU) buildings.

Article 5 includes Definitions for terms used in this Subchapter.

Source: Ord. No. 20231102-028, Pt. 27, 11-13-23.

(A)

In this appendix:

(1)

TEXAS PLANE COORDINATE means the Central Zone of the Texas State Coordinate Systems as defined by the U.S. Coast and Geodetic Survey, dated 1945 and revised in March 1978.

(2)

CAPITOL DOME means the part of the State Capitol located more than 653 feet above sea level at Texas Plane Coordinate X-2818555.07, Y-230595.65, being the center of the dome.

(B)

The capitol view corridors and boundaries are:

(1)

The South Mall of the University of Texas corridor includes the area below he plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 594 feet above sea level at Texas Plane Coordinate X-2818794.86 Y-234376.98 and extends along a bearing of S 2° 7′ 0.0″ W for a distance of 3,790.248 feet to a point 100 feet from the center of the Capitol Dome and located at Texas Plane Coordinate X-2818654.87, Y-230589.32; and

(b)

the second line begins at an elevation of 594 feet above sea level at Texas Plane Coordinate X-2818628.71, Y-234341.64, and extends along a bearing of S 2° 39′ 17.7″ W for a distance of 3,748.053 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818455.09, Y-230597.61.

(2)

The Waterloo Park corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 496 feet above sea level at Texas Plane Coordinate X-2820189.70, Y-230799.91, and extends along a bearing of S 86° 21′ 3.1″ W for a distance of 1,650.373 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818542.67, Y-230694.87; and

(b)

the second line begins at an elevation of 480 feet above sea level at Texas Plane Coordinate X-2820300.13, Y-229756.25, and extends along a bearing of N 67° 16′ 4.1″ W for a distance of 1,939.019 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818511.73, Y-230505.53.

(3)

The Woolridge Park corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line at an elevation of 515 feet above sea level at Texas Plane Coordinate X-2816727.54, Y-229659.96, and extends along a bearing of N 60° 5′ 58.0″ E for a distance of 2,055.569 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818509.50, Y-230684.66; and

(b)

the second line begins at an elevation of 536 feet above sea level at Texas Plane Coordinate X-2816925.57, Y-229291.91, and extends along a bearing of N 54° 4′ 50.4″ E for a distance of 2,089.263 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818617.55, Y-230517.56.

(4)

The French Legation corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 539 feet above sea level at Texas Plane Coordinate X-2821177.01, Y-227894.81, and extends along a bearing of N 42° 37′ 44.3″ W for a distance of 3,765.605 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818626.83, Y-230665.30; and

(b)

the second line begins at an elevation of 539 feet above sea level at Texas Plane Coordinate X-2821144.99, Y-227833.18, and extends along a bearing of N 44° 39′ 68.5″ W for a distance of 3,787.992 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818482.12, Y-230527.25.

(5)

The Lamar Bridge corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2813589.52, Y-227457.92, and extends along a bearing of N 56° 44′ 9.5″ E for distance of 5,874.699 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818596.90, Y-230686.48; and

(b)

the second line begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2813419.55, Y-226934.03, and extends along a bearing of N 55° 25′ 10.4″ E for a distance of 6,308.017 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818613.13, Y-230514.22.

(6)

The South Congress at East Live Oak corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 574 feet above sea level at Texas Plane Coordinate X-2814945.42, Y-218622.48, and extends along a bearing of N 16° 19′ 7.6″ E for a distance of 12,505.861 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818459.22, Y-230624.51; and

(b)

the second line begins at an elevation of 574 feet above sea level at Texas Plane Coordinate X-2815051.19, Y-218649.13, and extends along a bearing of N 16° 48′ 23.4″ E for a distance of 12,450.162 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818651.03, Y-230567.50.

(7)

The MoPac Bridge corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 498 feet above sea level of Texas Plane Coordinate X-2808602.196, Y-229824.15, and extends along a bearing of N 86° 08′ 29.3″ E for a distance of 10,331.327 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinates X-2818562.808, Y-230495.95; and

(b)

the second line begins at an elevation of 485 feet above sea level at Texas Plane Coordinate X-2808930.31, Y-230333.64, and extends along a bearing of N 87° 50′ 44.3″ E for a distance of 9,628.852 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818552.35, Y-230695.61.

(8)

The South Lamar at La Casa Drive corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 656 feet above sea level at Texas Plane Coordinate X-2806422.18, Y-219725.23, and extends along a bearing of N 47° 47′ 22.8″ E for a distance of 16,290.678 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818488.35, Y-230670.13; and

(b)

the second line begins at an elevation of 656 feet above sea level at Texas Plane Coordinate X-2806443.28, Y-219708.55, and extends along a bearing of N 48° 24′ 0.0″ E for a distance of 16,286.017 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818621.93, Y-230521.28.

(9)

The Barton Creek Pedestrian Bridge corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 445 feet above sea level at Texas Plane Coordinate X-2810872.3, Y-227047.993 and extends along a bearing of N 64° 30′ 13.9″ E for a distance of 8,465.138 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818513.104, Y-230686.414; and

(b)

the second line begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2812177.38, Y-227545.58, and extends along a bearing of N 65° 15′ 5.2″ E for a distance of 7,070.209 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818598.22, Y-230505.43.

(10)

The Pleasant Valley Road at Lakeshore Drive corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 450 feet above sea level at Texas Plane Coordinate X-2826332.31, Y-219396.73, and extends along a bearing of N 34° 21′ 30.0″ W for a distance of 13,634.929 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818637.21, Y-230652.69; and

(b)

the second line begins at an elevation of 450 feet above sea level at Texas Plane Coordinate X-2826129.04, Y-218986.86, and extends along a bearing of N 33° 32′ 6.6″ W for a distance of 13,861.422 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818471.32, Y-230541.00.

(11)

The East Eleventh Street Threshold corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 517 feet above sea level at Texas Plane Coordinate X-281382.21, Y-228956.12, and extends along a bearing of N 61° 38′ 31.4″ W for a distance of 3,269.672 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818504.91, Y-230509.14; and

(b)

the second line begins at an elevation of 517 feet above sea level at Texas Plane Coordinate X-2821418.78, Y-228980.65 and extends along a bearing of N 58° 60′ 12.7″ W for a distance of 3,289.227 feet to a point 100 feet from the center of the Capitol dome and located at Texas plane Coordinate X-2818604.20, Y-230682.75.

(12)

The North-Bound Lanes of IH-35 between the Municipal Police and Courts Building and West Tenth Street corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 501 feet above sea level at Texas Plane Coordinate X-2820624.99, Y-227858.68, and extends along a bearing of N 38° 3,433.34 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818475.11, Y-230535.59; and

(b)

the second line begins at an elevation of 491 feet above sea level at Texas Plane Coordinate X-2820738.78, Y-228232.855, and extends along a bearing of N 49° 33′ 37.2″ W for a distance of 3,219.746 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818627.946, Y-230664.138.

(13)

The South-Bound Lanes of the Upper Deck of IH-35 between Concordia College and the Martin Luther King Boulevard Overpass corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 618 feet above sea level at Texas Plane Coordinate X-2822432.77, Y-233117.96, and extends along a bearing of S 55° 43′ 8.2″ W for a distance of 4,627.079 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818609.48, Y-230511.74; and

(b)

the second line begins at an elevation of 648 feet above sea level at Texas Plane Coordinate X-2823639.09, Y-235471.26, and extends along a bearing of S 47° 0′ 43.0″ W for a distance of 7,045.415 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818485.40, Y-230667.38.

(14)

The North-Bound Lanes of IH-35 between Waller Creek Plaza and the Municipal Police and Court Building corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 498 feet above sea level of Texas Plane Coordinate X-2820389.72, Y-226977.21, and extends along a bearing of N 28° 17′ 53.1″ W for a distance of 4,058.419 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818465.79, Y-230550.62; and

(b)

the second line begins at an elevation of 498 feet above sea level at Texas Plane Coordinate X-2820450.80, Y-227277.98, and extends along a bearing of N 28° 14′ 42.1″ W for a distance of 3,823.132 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818641.53, Y-230645.90.

(15)

The North-Bound Lanes of IH-35 between Third Street and the Waller Creek Plaza corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 482 feet above sea level at Texas Plane Coordinate X-2820010.77, Y-225710.94, and extends along a bearing of N 17° 43′ 6.5″ W for a distance of 5,098.378 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818459.13, Y-230567.46; and

(b)

the second line begins at an elevation of 495 feet above sea level at Texas Plane Coordinate X-2820205.46, Y-226432.65, and extends along a bearing of N 20° 20′ 46.9″ W for a distance of 4,479.853 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818647.84, Y-230632.99.

(16)

The East Seventh Street Bridge Over the Texas-New Orleans Railroad corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 476 feet above sea level at Texas Plane Coordinate X-2829646.58, Y-224957.77, and extends along a bearing of N 62° 35′ 42.1″ W for a distance of 12,442.553 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818600.39, Y-230684.79; and

(b)

the second line begins at an elevation of 476 feet above sea level at Texas Plane Coordinate X-2829633.60, Y-224932.05, and extends along a bearing of N 63° 23′ 0.0″ W for a distance of 12,442.674 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818509.56, Y-230506.61.

(17)

The Longhorn Shores corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 435 feet above sea level at Texas Plane Coordinate X-2823082.973, Y-219866.265, and extends along a bearing of N 22° 23′ 17.7″ W for a distance of 11,647.863 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818646.489, Y-230636.201; and

(b)

the second line begins at an elevation of 435 feet above sea level at Texas Plane Coordinate X-2822949.654, Y-219866.561, and extends along a bearing of N 22° 46′ 44″ W for a distance of 11,594.666 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818462.531, Y-230557.772.

(18)

The Zilker Clubhouse corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 561 feet above sea level at Texas Plane Coordinate X-2807259.05, Y-230056.68, and extends along a bearing of N 86° 45′ 42.0″ E for a distance of 11,309.321 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818550.31, Y-230695.53; and

(b)

the second line begins at an elevation of 561 feet above sea level at Texas Plane Coordinate X-2807248.18, Y-229969.74, and extends along a bearing of N 87° 20′ 15.0″ E for distance of 11,324.650 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818560.60, Y-230495.80.

(19)

The Red Bud Trail corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 684 feet above sea level at Texas Plane Coordinate X-2801662.96, Y-236155.75, and extends along a bearing of S 72° 6′ 10.9″ E for a distance of 17,783.936 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818586.34, Y-230690.63; and

(b)

the second line begins at an elevation of 684 feet above sea level at Texas Plane Coordinate X-2801187.25, Y-236038.78, and extends along a bearing of S 71° 35′ 16.8″ E for a distance of 17,534.371 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818524.03, Y-230500.59.

(20)

The Enfield Road corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 534 feet above sea level at Texas Plane Coordinate X-2814317.00, Y-232540.28, and extends along a bearing of S 64° 7′ 24.8″ E for a distance of 4,664.000 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818513.37, Y-230504.76; and

(b)

the second line begins at an elevation of 534 feet above sea level at Texas Plane Coordinate X-2814166.24, Y-23616.36, and extends along a bearing of S 66° 27′ 47.8″ E for a distance of 4,8 2.718 feet to a point 100 feet from the center of the Capitol dome and located at Texas plane Coordinate X-2818596.90, Y-230686.48.

(21)

The Capitol of Texas Highway corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 850 feet above sea level at Texas Plane Coordinate X-2793153.22, Y-246055.75, and extends along a bearing of S 58° 62′ 1.6″ E for a distance of 29,736.832 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818607.06, Y-230681.07; and

(b)

the second line begins at an elevation of 850 feet above sea level at Texas Plane Coordinate X-2792663.44, Y-245928.13, and extends along a bearing of S 59° 10′ 35.3″ E for a distance of 30,091.057 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818504.12, Y-230509.60.

(22)

The 38th Street at Red River corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 609 feet above sea level at Texas Plane Coordinate X-2823695.84, Y-238333.37, and extends along a bearing of S 34° 12′ 57.2″ W for a distance of 9,290.302 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818471.78, Y-230650.98; and

(b)

the second line begins at an elevation of 609 feet above sea level at Texas Plane Coordinate X-2823785.05, Y-238418.94, and extends along a bearing of S 33° 9′ 15.9″ W for a distance of 9,410.983 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818638.21, Y-230540.07.

(23)

The Robert Mueller Airport corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 603 feet above sea level at Texas Plane Coordinate X-2831475.74, Y-237087.29, and extends along a bearing of S 62° 55′ 39.9″ W for a distance of 14,460.117 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818599.97, Y-230506.29; and

(b)

the second line begins at an elevation of 603 feet above sea level at Texas Plane Coordinate X-2831203.80, Y-237067.65, and extends along a bearing of S 63° 18′ 20.5″ W for a distance of 14,208.702 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818509.52, Y-230684.67.

(24)

The Martin Luther King Jr. Boulevard at IH-35 corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 570 feet above sea level at Texas Plane Coordinate X-2821822.13, Y-232059.98, and extends along a bearing of S 64° 15′ 51.7″ W for a distance of 3,582.5 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818595.97, Y-230504.39; and

(b)

the second line begins at an elevation of 570 feet above sea level at Texas Plane Coordinate X-2821665.89, Y-232039.68, and extends along a bearing of S 66° 46′ 10.3″ W for a distance of 3,431.901 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818512.97, Y-230686.35.

(25)

The Oakwood Cemetery corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 662 feet above sea level at Texas Plane Coordinate X-2823518.05, Y-231483.66, and extends along a bearing of S 78° 43′ 9.6″ W for a distance of 5,042.788 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818572.69, Y-230497.21; and

(b)

the second line begins at an elevation of 662 feet above sea level at Texas Plane Coordinate X-2823496.42, Y-231576.82, and extends along a bearing of S 79° 54′ 22.8″ W for a distance of 5,038.813 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818535.60, Y-230693.73.

(26)

The East 12th Street at IH-35 corridor includes the area below the plane formed by connecting the following two lines:

(a)

the first line begins at an elevation of 525 feet above sea level at Texas Plane Coordinate X-2821503.64, Y-229689.85, and extends along a bearing of N 74° 46′ 47.0″ W for a distance of 3,086.184 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818525.71, Y-230500.05; and

(b)

the second line begins at an elevation of 523 feet above sea level at Texas Plane Coordinate X-2821304.47, Y-229769.21, and extends along a bearing of N 71° 16′ 29.8″ W for a distance of 2,872.654 feet to a point 100 feet from the center of the Capitol dome and located at Texas Plane Coordinate X-2818583.86, Y-230691.41.

Source: Section 13-2-145(b) and (c); Ord. 990225-70; Ord. 031211-11.

The Waterfront Overlay district includes the property located in the following subdistricts:

(1)

University/Deep Eddy subdistrict, which includes the property bounded by Lake Austin Boulevard on the north, the Town Lake shoreline on the south, MoPac Boulevard on the east, and Tom Miller Dam on the west;

(2)

Lamar subdistrict, which includes the property bounded by the Missouri Pacific rail lines on the north, the Town Lake shoreline on the south, Lamar Boulevard on the east, and MoPac Boulevard on the west;

(3)

North Shore Central subdistrict, which includes the property within the following boundaries:

(a)

Eastern Area: beginning at the intersection of Cesar Chavez Street and Waller Creek, south along Waller Creek to Town Lake, west along Town Lake to a point due south of Colorado Street, north to and along Colorado Street to Second Street, east along Second Street to Trinity Street, south along Trinity Street to Cesar Chavez Street, and east along Cesar Chavez Street to the point of beginning; and

(b)

Western Area: beginning at the intersection of the Town Lake shoreline and Lamar Boulevard, north along Lamar Boulevard to the Missouri Pacific rail lines, east along the Missouri Pacific rail lines to Nueces Street, south and east along Nueces Street to San Antonio Street, south along San Antonio Street to Cesar Chavez Street, due south to the Town Lake shoreline, and west along the Town Lake shoreline to the point of beginning;

(4)

Rainey Street subdistrict, which includes the property bounded by First Street on the north, the Town Lake shoreline on the south, IH-35 on the east, and Waller Creek on the west;

(5)

Festival Beach subdistrict, which includes the property bounded by the Town Lake shoreline on the south, Pleasant Valley Road on the east, IH-35 on the west, and Holly Street from IH-35 to Canadian Street, then north on Canadian Street to Willow Street, then east on Willow Street to Pleasant Valley Road on the north;

(6)

Red Bluff subdistrict, which includes the property bounded by East First Street on the north, the Colorado River shoreline on the south, US 183 on the east, and Pleasant Valley Road on the west, except the portion of the property described as Lots 1 through 11 of the Bridgeview Business and Industrial Plaza subdivision, as shown on the plat recorded in Volume 77, pages 361-363, of the Plat Records of Travis County, Texas;

(7)

Montopolis/River Terrace subdistrict, which includes the property bounded by the Colorado river shoreline on the north, the extension of Lakeshore Boulevard on the south, Highway 183 on the east, and Pleasant Valley Road on the west;

(8)

South Lakeshore subdistrict, which includes the property bounded by the Town Lake shoreline on the north, the various and respective southern boundaries of all legal lots existing as of July 16, 1986, that abut the south public right-of-way of South Lakeshore Boulevard on the south, Pleasant Valley Road on the east, and the extension of Parker Lane on the west;

(9)

East Riverside subdistrict, which includes the property bounded by the Town Lake shoreline on the north, Riverside Drive on the south, the extension of Parker Lane on the east, and IH-35 on the west;

(10)

Travis Heights subdistrict, which includes the property bounded by the Town Lake shoreline on the north, the various and respective southern boundaries of all legal lots existing as of July 17, 1986, that abut the south public right-of-way of East Riverside Drive on the south, IH-35 on the east, and East Bouldin Creek on the west;

(11)

South Shore Central subdistrict, which includes the property bounded by the Town Lake shoreline on the north, East Bouldin Creek on the south and east, and South First Street on the west;

(12)

Auditorium Shores subdistrict, which includes the property bounded by the Town Lake shoreline on the north, the various and respective southern boundaries of all legal lots existing as of July 17, 1986, that abut the south public right-of-way of Barton Springs Road on the south, South First Street on the east, and Lee Barton Drive on the west;

(13)

Butler Shores Subdivision which includes the property bounded by the Town Lake shoreline on the north, the various and respective southern boundaries of all legal lots existing as of July 17, 1986, that abut the south public right-of-way of Barton Springs Road on the south, Lee Barton Drive on the east, and the centerline of Barton Creek on the west;

(14)

Zilker Park subdistrict, which includes the property located within the boundaries of Zilker Park;

(15)

Balcones Rock Cliff subdistrict, which includes the property bounded by the Town Lake shoreline on the north, Stratford Drive and Bee Creek Preserve on the south, Zilker Park on the east, and Tom Miller Dam on the west; and

(16)

City Hall subdistrict, which includes the property bounded on the south by the Town Lake shoreline, on the north by Second Street, on the east by Colorado Street and a line extending south from Colorado Street to Town Lake, and on the west by San Antonio Street and a line extending south from San Antonio Street to Town Lake.

Source: 13-2-160(b); Ord. 990225-70; Ord. 990715-115; Ord. 031211-11.

The university neighborhood overlay district is indicated on the subdistrict boundaries map and includes the area bounded:

(1)

on the north by a line along West 29th Street from Rio Grande Street to Guadalupe Street;

(2)

on the east by a line along Guadalupe Street from West 29th Street to West 21st Street; West 21st Street from Guadalupe Street to the eastern ally of University Avenue; the eastern alley of University Avenue from West 21st Street to West MLK Jr. Boulevard;

(3)

on the south by a line along West MLK Jr. Boulevard from the eastern alley of University Avenue to San Gabriel Street; and

(4)

on the west by a line along San Gabriel Street to West 24th Street; west along West 24th Street to the western lot line of lot One of the Resubdivision of a Portion of Outlot Forty-Three; north along the western lot line of lot One of the Resubdivision of a Portion of Outlot Forty-Three to the alley between Lamar Boulevard and Longview Street; north along the alley to West 25th Street; east along West 25th Street to Longview Street; north along Longview Street to the northern lot line of lot Fifteen, Block Five of the Subdivision of Outlots Forty-Three, Forty-Four, Forty-Five and Fifty-Five; east along the northern lot line of lot Fifteen, Block Five of the Subdivision of Outlots Forty-Three, Forty-Four, Forty-Five and Fifty-Five to the alley between Longview Street and Leon Street; north along the ally to the northern lot line of lot Twenty-Three, Block Four of the Subdivision of Outlots Forty-Three, Forty-Four, Forty-Five and Fifty-Five; east along the northern lot line of lot Twenty-Three, Block Four of the Subdivision of Outlots Forty-Three, Forty-Four, Forty-Five and Fifty-Five to the northern lot lines of lots Twenty-Nine, Thirty, Thirty-One, Thirty-Two, and Three of the Harwood Subdivision; along the northern lot lines of lots Twenty-Nine, Thirty, Thirty-One, Thirty-Two, and Three of the Harwood Subdivision to San Gabriel Street; north along San Gabriel Street to the northern lot line of the Graham Subdivision of Outlots Fifty-Nine, Sixty, Sixty-Four, and the North Half of Fifty-Two; along the northern lot line of the Graham Subdivision of Outlots Fifty-Nine, Sixty, Sixty-Four, and the North Half of Fifty-Two to a point 160' east of San Pedro Street of the southern lot line of lot One of the Gortons Addition; from this point north to a point 160' east of San Pedro Street on the northern lot line of lot Four of the Gortons Addition; east along the northern lot line of lot Four of the Gortons Addition to San Pedro Street; north along San Pedro Street to West 28th Street; west along 28th Street to Salado Street; north along Salado Street to an alley on the northern lot line of Outlot 67, Division D of the Graham Subdivision; east along the alley to Rio Grande Street; north along Rio Grande Street to West 29th Street.

Source: Ord. 040902-58; Ord. 20080925-039; Ord. No. 20191114-067, Pt. 5, 11-25-19.

Source: Ord. No. 20190523-041, Pt. 1, 6-3-19.

University Neighborhood Overlay
Additional Height & Affordability

(Ord. No. 20191114-067, 11-25-19)

Source: Ord. 20050519-008.

Exhibit 7

Oak Hill TOD District Boundaries And Zones

The boundaries and zones of the Oak Hill TOD district have not been established. After Capital Metropolitan Transportation Authority selects a transit center site, the boundaries and zones of the TOD district are to be determined through the neighborhood planning process and established by council.

Source: Ord. 20060309-057.

Exhibit 8

Highland Mall TOD District Boundaries And Zones

The boundaries and zones of the Highland Mall TOD district have not been established. The boundaries and zones of the TOD district are to be determined during the preparation of the station area plan and established by council.

Source: Ord. 20061005-052.

Exhibit 9

South IH-35 Park and Ride TOD District Boundaries and Zones

The boundaries and zones of the South IH-35 Park and Ride TOD District have not been established. The boundaries and zones of the TOD district are to be determined during the preparation of the station area plan and established by council.

Source: Ord. 20061005-052; Ord. 20061207-003.

Source: Ord. 20071101-052; Ord. No. 20190808-101, Pts. 1, 2, 8-19-19.

(Ord. No. 20180322-096, Pt. 3(Exh. A), 4-2-18)

Source: Ord. No. 20240516-005, Pt. 6, 7-15-24.

The Planning Commission may, by resolution, adopt guidelines for the interpretation by the building official of yard and setback requirements in instances where geometric shape, dimensions, or topography make the literal interpretation of the requirements impractical.

Source: Section 13-2-613; Ord. 990225-70; Ord. 031211-11.

The Board of Adjustment shall hear and decide a request for a variance from a requirement of this chapter, or a Neighborhood Conservation Combining District adopted under this chapter, except as otherwise provided by the Code.

Source: Section 13-2-833 (1); Ord. 990225-70; Ord. 031211-11; Ord. 20101216-095.

(A)

A variance from the requirements of this chapter, or a Neighborhood Conservation Combining District adopted under this chapter, may be granted under this division if, because of special circumstances of a property, the strict application of this chapter deprives the property owner of privileges that are enjoyed by another person who owns property in the area that has the same zoning designation as the property for which the variance is requested.

(B)

A variance to a regulation may not grant special privileges that are inconsistent with the limitations on other properties in the area or on the district in which the property is located.

Source: Section 13-2-830; Ord. 990225-70; Ord. 031211-11; Ord. 20101216-095.

(A)

The Board of Adjustment may grant a variance from a requirement if it determines that:

(1)

the requirement does not allow for a reasonable use of property;

(2)

the hardship for which the variance is requested is unique to the property and is not generally characteristic of the area in which the property is located; and

(3)

development under the variance does not:

(a)

alter the character of the area adjacent to the property;

(b)

impair the use of adjacent property that is developed in compliance with the City requirements; or

(c)

impair the purposes of the regulations of the zoning district in which the property is located.

(B)

The Board may grant a variance from a loading facility or off-street parking design requirements if, in addition to the findings required by Subsection (A), the Board determines that:

(1)

current or anticipated traffic volume generated by the use of the property or a nearby property does not reasonably require strict compliance with and enforcement of the requirement from which a variance is requested;

(2)

development under the variance does not result in parking or loading on public streets that interferes with the free flow of traffic on the streets; and

(3)

development under the variance does not create a safety hazard or any other condition that is inconsistent with the objectives of the Code.

(C)

A variance granted under Subsection (B) applies only to the use for which the variance was granted and does not run with the land on which the use is located.

(D)

A variance granted under Subsection (B) shall not apply to bicycle parking. An applicant may also seek a waiver pursuant to Code Section § 25-6-477(F) (Bicycle Parking) to waive bicycle parking.

Source: Section 13-2-834; Ord. 990225-70; Ord. 031211-11; Ord. 20130523-104; Ord. No. 20231102-028, Pt. 8, 11-13-23.

A person may appeal a decision of the building official regarding a site development regulation prescribed by this subchapter, or by a Neighborhood Conservation Combining District adopted under this chapter, to the Board of Adjustment. After an appeal is filed, the building official shall provide the board with a copy of documents regarding the matter that has been appealed.

Source: Section 13-2-835; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20101216-095.

(A)

The Board of Adjustment shall grant a special exception for an existing residential structure, or portion of an existing structure, that violates a setback required under Chapter 25-2 (Zoning) if the board finds that the special exception meets the requirements of this section.

(B)

The Board shall grant a special exception under Subsection (A) of this section if:

(1)

the residential use for which the special exception is sought is allowed in an SF-3 or more restrictive zoning district;

(2)

the building official performs an inspection and determines that the violation does not pose a hazard to life, health, or public safety; and

(3)

the Board finds that:

(a)

the violation has existed for:

(i)

at least 25 years; or

(ii)

at least 10 years, if the application for a special exception is submitted on or before June 6, 2017;

(b)

the use is a permitted use or a nonconforming use;

(c)

the structure does not share a lot with more than one other primary residence; and

(d)

granting a special exception would not:

(i)

alter the character of the area;

(ii)

impair the use of adjacent property that is developed in compliance with city code; or

(iii)

grant a special privilege that is inconsistent with other properties in the area or in the district in which the property is located.

(C)

A special exception granted under this section:

(1)

applies only to the structure, or portion of a structure, for which the special exception was granted and does not run with the land;

(2)

may not authorize an increase in the degree of noncompliance or excuse compliance with minimum health and safety requirements; and

(3)

may not authorize a remodel or addition to the existing structure, except to the extent required by the building official to meet minimum life and safety requirements.

(D)

A structure granted a special exception under this section shall be treated as a non-complying structure under Chapter 25-2, Article 8 (Noncomplying Structures).

Source: Ord. 20110526-098; Ord. 20121108-091; Ord. 20130822-126; Ord. No. 20160519-057, Pt. 2, 5-30-16.

An accessory use is a use that:

(1)

is incidental to and customarily associated with a principal use;

(2)

unless otherwise provided, is located on the same site as the principal use; and

(3)

may include parking for the principal use.

Source: Section 13-2-1; Ord. 990225-70; Ord. 031211-11.

The regulations applicable to a principal use apply to an accessory use, except as otherwise provided in this division.

Source: Section 13-2-301; Ord. 990225-70; Ord. 031211-11.

(A)

For a principal residential use, this section prescribes the requirements for an accessory use.

(B)

This subsection provides for vehicle storage as an accessory use.

(1)

Not more than one motor vehicle for each licensed driver residing on the premises may be stored on the premises.

(2)

Notwithstanding the limitation of Subsection (B)(1), a private garage for the storage of not more than four motor vehicles is permitted.

(3)

Except for an antique vehicle or recreational vehicle, a motor vehicle with a capacity of one ton or greater is prohibited.

(4)

Not more than one commercial vehicle may be stored on the premises.

(5)

Except as provided in Subsection (B)(6), an inoperable motor vehicle may not be stored on an adjacent public right-of-way. A motor vehicle is inoperable if, for more than 72 hours, the vehicle:

(a)

does not have license plates or has license plates that have been expired for more than 90 days;

(b)

does not have a motor vehicle safety inspection sticker or has a motor vehicle inspection safety sticker that has been expired for more than 90 days; or

(c)

cannot be started or legally operated in a public right-of-way.

(6)

The prohibition of Subsection (B)(5) does not apply to:

(a)

an antique or recreational vehicle stored at an owner's residence; or

(b)

a vehicle under repair for less than 60 days, if not more than one other vehicle is also under repair.

(7)

Up to two vehicles that are either antique or recreational vehicles may be stored on the premises, if the storage area is not a health hazard and is either in an enclosed building or screened from public view with a solid wood or masonry fence at least six feet high.

(C)

The following are permitted as accessory uses:

(1)

recreational activities and recreational facilities for use by residents;

(2)

religious study meetings;

(3)

playhouses, patios, cabanas, porches, gazebos, and household storage buildings;

(4)

radio and television receiving antenna and dish-type satellite receivers;

(5)

solar collectors;

(6)

home occupations that comply with Section 25-2-900 (Home Occupations);

(7)

on-site sales as authorized by Section 25-2-902 (Residential Tours) or Section 25-2-903 (Garage Sales);

(8)

the keeping of dogs, cats, and similar small animals as household pets; and

(9)

child care services (limited) use.

(D)

A residential convenience service is permitted if the principal use is a multifamily use or a mobile home park use. A residential convenience service is a commercial use that is operated as an integral part of the principal use, is not identifiable from outside the site, and is intended to be patronized solely by the residents of the principal use.

(E)

A dock is permitted as an accessory use if the requirements of this subsection are met.

(1)

A dock may be located off-site.

(2)

A dock may not include habitable space or living quarters or other elements not necessary to the function of a dock, such as space conditioning, sinks, toilets, or wastewater or potable water lines or connections.

(3)

A dock may include only the following as appurtenances and means of access:

(a)

a storage closet that meets the requirements of Subsection (A);

(b)

a roof;

(c)

a second floor;

(d)

marine lockers;

(e)

railings;

(f)

a non-potable water pump and hose bib;

(g)

electrical connections;

(h)

lighting and fans;

(i)

non-mechanized access, including a staircase, pedestrian bridge, gangway, and gates;

(j)

non-mechanized recreational equipment, such as slides or swings; and

(k)

accessories or slips that may accommodate the mooring or storage of boats in compliance with the requirements of Section 25-2-1176 (Site Development Regulations for Docks, Marinas, and Other Lakefront Uses).

(4)

Only one dock is permitted for a principal residential use, even if the use is located on more than one lot.

(F)

A use other than one described in this section is permitted as an accessory use if the director determines that the use is necessary, customary, appropriate, incidental, and subordinate to a principal use.

(G)

An accessory use may generate not more than ten guest vehicles trips a day or 30 guest vehicles trips a week.

Source: Sections 13-2-1 and 13-2-302; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11; Ord. 20110922-087; Ord. No. 20140626-113, Pt. 3, 7-7-14; Ord. No. 20231019-052, Pt. 5, 10-30-23; Ord. No. 20231207-001, Pts. 13, 14, 12-18-23.

(A)

For a principal commercial use, this section prescribes the requirements for an accessory use.

(B)

A commercial or industrial use that is otherwise prohibited in the zoning district is permitted as an accessory use if the use:

(1)

is operated primarily for the convenience of employees, clients, or customers of the principal use;

(2)

occupies less than 10 percent of the total floor area of the use;

(3)

is an integral part of the principal use; and

(4)

for an industrial use, is not located in an NO, LO or LR zoning district or within 100 feet of a residential zoning district.

(C)

A parking facility is permitted as an accessory use.

(D)

One dwelling unit is permitted as an accessory use if not more than 50 percent of the building is used for the dwelling unit. An occupant is not required to be engaged in the principal use.

(E)

A child care service (limited) use is permitted as an accessory use if the child care services (limited) use is operated primarily for the convenience of employees, clients, or customers of the principal use.

Source: Section 13-2-303; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231019-052, Pt 6, 10-30-23.

(A)

The provisions of this section supersede the requirements of Section 25-2-894 (Accessory Uses for a Principal Commercial Use) to the extent of conflict.

(B)

The following are permitted as accessory uses in a commercial recreation zoning district:

(1)

food sales;

(2)

general retail sales (convenience);

(3)

personal improvement services;

(4)

restaurant (limited) without drive-in service;

(5)

day care services (general);

(6)

day care services (limited); and

(7)

safety services.

(C)

An accessory use described in Subsection (B) may occupy not more than 50 percent of the site area or of the gross floor area of the structures on the site.

Source: Section 13-2-304; Ord. 990225-70; Ord. 031211-11; Ord. 031211-41.

(A)

For a principal industrial use, this section prescribes the requirements for an accessory use.

(B)

A commercial use that is otherwise prohibited in the zoning district is permitted as an accessory use if the use:

(1)

is operated primarily for the convenience of employees, clients, or customers of the principal use;

(2)

occupies less than 25 percent of the total floor area of the use;

(3)

is an integral part of the principal use.

(C)

A parking facility is permitted as an accessory use.

(D)

A major utility facility is permitted as an accessory use if the facility is operated as an integral part of the principal use, and the facility is not a public utility under the Texas Public Utility Regulatory Act.

(E)

For a warehouse use, a dwelling unit is permitted as an accessory use if the dwelling unit is occupied by a person engaged in security, leasing, or management for the principal use, and not more than 25 percent of the building is used for the dwelling unit.

Source: Section 13-2-305; Ord. 990225-70; Ord. 031211-11.

For a principal civic use, the following are accessory uses:

(1)

a dwelling unit that is occupied only by a family that has at least one member employed on-site for security, maintenance, management, supervision, or personal service;

(2)

refreshment stands and convenience food or beverage sales that serve a public assembly use;

(3)

cafeterias, dining halls, and similar food services that are primarily for the convenience of employees, residents, clients, patients, or visitors;

(4)

gift shops, news stands, and similar commercial activities primarily for the convenience of employees, residents, clients, patients, or visitors;

(5)

parking facilities, except a facility located in an SF-6 or more restrictive zoning district may not exceed the former minimum parking requirements included in Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) to Chapter 25-6 (Transportation);

(6)

a child care services (limited) use; and

(7)

a columbarium that:

(a)

is affiliated with a religious assembly use;

(b)

occupies not more than 10 percent of the site area or 10,000 square feet, whichever is less;

(c)

is oriented to the interior to the site; and

(d)

is not visible from public rights-of-way.

Source: Section 13-2-306; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231019-052, Pt. 7, 10-30-23; Ord. No. 20231102-028, Pt. 18, 11-13-23.

For a principal agricultural use, accessory uses that are necessarily and customarily associated with the purpose and function of the agricultural use are permitted.

Source: Section 13-2-307; Ord. 990225-70; Ord. 031211-11.

(A)

Except as otherwise provided in this chapter, a fence:

(1)

is permitted as an accessory use in any zoning district; and

(2)

must comply with the requirements of this section.

(B)

In this section:

(1)

an ornamental fence is a fence with an open design that has a ratio of solid material to open space of not more than one to four; and

(2)

a solid fence is a fence other than an ornamental fence.

(C)

The height restrictions of this section do not apply to an ornamental fence.

(D)

Except as otherwise provided in this section, a solid fence constructed along a property line may not exceed a height of six feet measured from the natural grade up.

(E)

If there is a change in grade of at least one foot measured along any run of a solid fence along a property line, then the portion of the fence where the grade change occurs may be constructed to a maximum height of seven feet.

(F)

A solid fence along a property line may be constructed to a maximum height of eight feet if each owner of property that adjoins a section of the fence that exceeds a height of six feet files a written consent to the construction of the fence with the building official, and:

(1)

there is a change in grade of at least two feet within 50 feet of the boundary between adjoining properties; or

(2)

a structure, including a telephone junction box, exists that is reasonably likely to enable a child to climb over a six foot fence and gain access to a hazardous situation, including a swimming pool.

(G)

A solid fence may be constructed to a maximum of eight feet in height if the fence is located on or within the building setback lines.

(H)

A solid fence may be constructed to a height of eight feet if the fence is located between a residential use and:

(1)

property zoned as a commercial or industrial base district;

(2)

property used for a commercial or industrial use; or

(3)

an alley that separates a residential use and:

(a)

property zoned as a commercial or industrial base district; or

(b)

property used for a commercial or industrial use.

(I)

Except as provided in Paragraph (1), a fence shall be constructed in accordance with this subsection.

(1)

This subsection does not apply to a fence that:

(a)

was constructed before July 31, 2023; or

(b)

is more than six feet in height and located on a property with a non-residential use.

(2)

When more than 50 percent of the total linear distance of an existing fence is replaced, the entire fence must comply with this subsection.

(3)

For new or replacement fences that follow historic design standards, this subsection will control if there is a conflict with the historic design standards.

(4)

A fence may not include:

(a)

spiked pickets, spiked bars, or other spiked decorative elements above the top horizontal backer rail;

(b)

vertical pickets above the top horizontal backer rail if the vertical pickets are separated by more than two inches and less than nine inches;

(c)

razor-like wire; or

(d)

barbed wire unless the fence is enclosing an airport or other landing area for aircraft and the use of barbed wire is required by Federal Aviation Administration regulation.

(5)

A fence that creates a substantial risk of entrapment or impalement is prohibited.

(6)

A solid chain link fence shall use knuckle selvage.

(J)

A fence used as a swimming pool barrier shall comply with Chapter 25-12, Article 14 (Swimming Pool and Spa Code).

Source: Section 13-2-308; Ord. 990225-70; Ord. 031211-11; Ord. 050127-64; Ord. No. 20141120-181, Pt. 1, 12-1-14; Ord. No. 20230720-156, Pt. 2, 7-31-23.

(A)

A home occupation is a commercial use that is accessory to a residential use. A home occupation must comply with the requirements of this section.

(B)

A home occupation must be conducted entirely within the dwelling unit or an accessory structure.

(C)

Participation in Home Occupation.

(1)

Except as otherwise provided in this subsection, participation in a home occupation is limited to occupants of the dwelling unit.

(2)

A person who does not reside on-site may participate in a home occupation if the home occupation is:

(a)

a medical, professional, administrative, or business office;

(b)

an art workshop or gallery;

(c)

a music, dance, or photography studio; or

(d)

handicraft or hobby instruction.

(D)

The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements.

(E)

A home occupation may not generate more than three vehicle trips each day of customer-related vehicular traffic.

(F)

Except for materials and equipment used in an art workshop, equipment or materials associated with the home occupation must not be visible from locations off the premises.

(G)

A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or accessory structure.

(H)

Parking a commercial vehicle on the premises or on a street adjacent to residentially zoned property is prohibited.

(I)

Advertising a home occupation by a sign on the premises is prohibited, except as provided under Section 25-10-156 (Home Occupation Signs). Advertising the street address of a home occupation through signs, billboards, television, radio, or newspapers is prohibited.

(J)

The following are prohibited as home occupations:

(1)

animal hospitals, animal breeding;

(2)

clinics, hospitals;

(3)

hospital services;

(4)

contractors yards;

(5)

scrap and salvage services;

(6)

massage parlors other than those employing massage therapists licensed by the state;

(7)

restaurants;

(8)

cocktail lounges;

(9)

rental outlets;

(10)

equipment sales;

(11)

adult oriented businesses;

(12)

recycling centers;

(13)

drop-off recycling collection facilities;

(14)

an activity requiring an H-occupancy under Chapter 25-12, Article 1 (Uniform Building Code);

(15)

automotive repair services; and

(16)

businesses involving the repair of any type of internal combustion engine, including equipment repair services.

Source: Section 13-2-260; Ord. 990225-70; Ord. 990520-38; Ord. 031211-11; Ord. 20090827-032; Ord. No. 20230914-097, Pt. 4, 9-25-23; Ord. No. 20231102-028, Pt. 19, 11-13-23.

Editor's note— Ord. No. 20231207-001, Pt. 15, effective December 18, 2023, repealed § 25-2-901, which pertained to accessory apartments and derived from Sections 13-2-1 and 13-2-251; Ord. 990225-70; Ord. 031120-44; Ord. 031211-11.

(A)

Participation on an annual or semi-annual tour is allowed as an accessory residential use subject to the requirements of this section and all other applicable regulations.

(B)

As authorized by this section, a tour is an organized event in which multiple residential properties are opened to members of the public for any lawful purpose, including:

(1)

the appreciation and study of architecture; and

(2)

the production and incidental sale of artwork by an individual responsible for making or producing the artwork.

(C)

To qualify as an accessory use under this section, a residential tour that includes the production or sale of art must comply with the requirements of this subsection.

(1)

A tour organizer must provide the dates of the tour and the address of all participating properties to the City of Austin Cultural Arts Division.

(2)

A tour may not take place on more than six days per calendar year.

(3)

A residential property may not:

(a)

participate on a tour more than 12 days per calendar year;

(b)

participate in more than three tours per calendar year;

(c)

participate in a tour more than three days per week;

(d)

include more than six guest artists, in addition to the primary artist; or

(e)

include a garage sale.

Source: Ord. 20110922-087; Ord. 20121018-024.

(A)

A garage sale is allowed as an accessory residential use subject to the requirements of this section.

(B)

A garage sale includes yard sales, carport sales, or similar types of sales involving:

(1)

the sale of used or secondhand tangible property customarily found at a residence; and

(2)

the production and incidental sale of artwork by an individual responsible for making or producing the artwork.

(C)

A garage sale must be conducted entirely on a property used as the seller's principal residence.

(D)

A garage sale may not be held at the same property more than four days per calendar year or at a property participating in a residential tour under Section 25-2-902 (Residential Tours).

Source: Ord. 20110922-087; Ord. 20121018-024.

(A)

Short-term rental use is subject to the requirements of this section and is allowed as an accessory use to a residential use in all base zoning districts, special purpose districts, and combining and overlay districts.

(B)

Short-term rental use cannot be prohibited.

(C)

A person must obtain an operator's license as set out in Chapter 4-23 (Short-Term Rentals).

(D)

This section controls over a conflicting provision in City Code or an uncodified ordinance.

(E)

An advertisement promoting the availability of a short-term rental in violation of the section is prima facie evidence of a violation and is cause to issue an administrative citation for a violation of this section.

(Ord. No. 20250227-039, Pt. 6, 10-1-25)

(A)

The following may be permitted by the building official as temporary uses under this division:

(1)

model homes or apartments and related real estate services, if the use is located within the residential development to which the use pertains;

(2)

a circus, carnival, rodeo, fair, or similar activity, if the use is located at least 200 feet from a dwelling and located in a CS or less restrictive zoning district;

(3)

an outdoor art or craft show or exhibit, if the use is located in an LR or less restrictive zoning district;

(4)

Christmas tree sales;

(5)

an on-site construction field office, if the use is located in a portable structure and conducted for not more than 6 months;

(6)

seasonal retail sale of agricultural or horticultural products, if the use is located at least 200 feet from a dwelling and located in an LR or less restrictive zoning district;

(7)

seasonal day care, if the use is conducted for not more than eight hours a day and not more than 30 days a year; and

(8)

temporary day care, if the use is conducted for not more than eight hours a day and not more than 12 hours a week.

(B)

A sales office for a new subdivision may be permitted as a temporary use under this division if the sales office is located within the subdivision and at least 200 feet from existing dwellings outside the subdivision.

(1)

A sales office for a new subdivision may not be operated after:

(a)

the expiration of four years from the date the first construction permit issued in the subdivi sion; or

(b)

the date by which 95 percent of the lots are sold.

(2)

The board of adjustment may grant an extension of the deadlines described in this subsection.

(C)

An outdoor public, religious, patriotic, or historic assembly or exhibit, including a festival, benefit, fund raising event, or similar use that typically attracts a mass audience may be permitted as a temporary use under this division if:

(1)

for a gathering of not more than 50 persons, the use is located in an SF-4 or less restrictive zoning district;

(2)

for a gathering of more than 50 persons, the use is located in an LO or less restrictive zoning district; or

(3)

for an exhibit, the use is located in a GR or less restrictive zoning district.

(D)

A single dwelling located in a mobile structure on a construction site may be permitted as a temporary use under this division if the building official determines that the dwelling is required to provide security against nighttime theft or vandalism. The building official may allow the use for a period of up to 6 months and, if requested by the applicant, may extend that period for an additional 6 months. An applicant may appeal to the board of adjustment a denial of the use by the building official.

(E)

An outdoor special sale, including a swap meet, flea market, parking lot sale, or similar activity may be permitted as a temporary use under this division if the use is located in a commercial or industrial zoning district. An outdoor special sale may be conducted on not more than three days in the same week and not more than five days in the same month.

(F)

Within the Central Business District (CBD) or Downtown Mixed Use (DMU) zoning districts, retail services may be permitted as a temporary use in accordance with the requirements of this subsection.

(1)

The retail use must:

(a)

be located within an enclosed fire area, as defined by the Building Code, that does not require structural changes to accommodate the use; and

(b)

have an approved certificate of occupancy or temporary certificate of occupancy.

(2)

The retail use may not exceed 12,000 square feet in area unless an approved sprinkler system has been installed in accordance with the Fire Code;

(3)

The following uses and activities may not be permitted as a temporary retail use under this subsection:

(a)

personal services;

(b)

food preparation or the sale or consumption of alcoholic beverages;

(c)

a portable toilet serving the retail use, whether located inside or outside of the use; or

(d)

storage of hazardous materials as defined by the Fire Code.

(4)

A permit for a temporary retail use under this subsection may be issued for up to 45 days and renewed once, for a total operating period not to exceed 90 days.

(G)

This section applies to an urban farm.

(1)

An urban farm may apply for and be permitted to hold a temporary use permit under this section no more than six times per year.

(2)

The limitations set forth above in Subsections (C)(1), (C)(2) and (C)(3) do not apply to a temporary use permit on an urban farm.

(H)

The building official may permit other temporary uses that are similar to those described in this section.

Source: Section 13-2-321; Ord. 990225-70; Ord. 031211-11; Ord. 20111103-075; Ord. 20131121-105, Pt. 5.

(A)

A person may file an application to conduct a temporary use with the building official. The person must file the application at least ten days before the requested date for beginning the temporary use.

(B)

An application must include a diagram and description of the use and all additional information required by the building official to make a determination under this division.

(C)

After making a determination under Section 25-2-923 (Determinations), the building official shall approve, conditionally approve under Section 25-2-924 (Conditions of Approval), or deny an application for a temporary use not later than the 10th day after the date the application is filed.

(D)

If the building official approves or conditionally approves a temporary use, the building official shall issue a building permit, certificate of occupancy, or temporary use permit.

(E)

Except as provided in Subsection (F), the building official may renew or extend an authorization for a temporary use if requested by the applicant.

(F)

Unless further limited by the requirements of this division, a temporary use may continue for not more than one year. An applicant must file a new application to continue a temporary use beyond that period.

Source: Sections 13-2-324 and 13-2-325; Ord. 990225-70; Ord. 031211-11.

The building official may permit a temporary use after determining that the temporary use:

(1)

will not impair the normal, safe, and effective operation of a permanent use on the same site;

(2)

will be compatible with nearby uses;

(3)

will not adversely affect public health, safety, or convenience;

(4)

will not create a traffic hazard or congestion; and

(5)

will not interrupt or interfere with the normal conduct of uses and activities in the vicinity.

Source: Section 13-2-323; Ord. 990225-70; Ord. 031211-11.

The building official may condition the approval of a temporary use on compliance with additional requirements that the building official determines are necessary to ensure land use compatibility and minimize adverse effects on nearby uses, including requirements for hours of operation, frequency of use, parking design, traffic circulation, screening, enclosure, site restoration, and cleanup.

Source: Section 13-2-322(b); Ord. 990225-70; Ord. 031211-11; Ord. No. 20231102-028, Pt. 20, 11-13-23.

On termination of a temporary use, the person engaging in the temporary use shall remove all debris, litter, and other evidence of the use from the site.

Source: Section 13-2-322(a); Ord. 990225-70; Ord. 031211-11.

NONCONFORMING USE means a land use that does not conform to current use regulations, but did conform to the use regulations in effect at the time the use was established.

Source: Section 13-2-331; Ord. 990225-70; Ord. 031211-11.

The use of a building, structure, or property that conformed with the zoning regulations in effect on March 1, 1984 is a conforming use notwithstanding the requirements of this chapter.

Source: Section 13-2-340; Ord. 990225-70; Ord. 031211-11.

(A)

A substandard lot may be used for a nonresidential use that is permitted in the zoning district in which the lot is located if, except for minimum lot area, the use and development complies with the requirements of this title.

(B)

A substandard lot may be used for a single-family residential use if the use is permitted in the zoning district in which the lot is located and the lot complies with the requirements of this subsection.

(1)

A substandard lot recorded in the county real property records before March 15, 1946 must:

(a)

have an area of not less than 4,000 square feet; and

(b)

be not less than 33 feet wide at the street or at the building line, or have access to a street by an easement that is:

(i)

not less than ten feet wide if it serves one lot, or not less than 18 feet wide if it serves more than one lot;

(ii)

not more than 150 feet in length; and

(iii)

maintained for access by the property owner.

(2)

A substandard lot recorded in the county real property records after March 14, 1946 must:

(a)

have an area of not less than 5,750 square feet; and

(b)

be not less than 50 feet wide at the street or at the building line.

(C)

If a substandard lot is used with one or more contiguous lots for a single use or unified development, the requirements of this chapter apply to the aggregation of lots as if the aggregation were a single lot.

(D)

A substandard lot that is aggregated with other property to form a site may not be disaggregated after August 6, 2007 to form a site that is smaller than the minimum lot area requirement.

Source: Sections 13-2-334, 13-2-335, and 13-2-336; Ord. 990225-70; Ord. 031211-11; Ord. 20070726-131.

(A)

A damaged structure used for a nonconforming use may be repaired and the nonconforming use continued if the building official determines that the cost of repair does not exceed 90 percent of the value of the structure immediately before the damage.

(B)

Approval of a site plan is not required to repair a structure under Subsection (A) unless the building official determines that:

(1)

a substantial change to the structure is proposed; and

(2)

a site plan is otherwise required by this title for initial construction of a structure similar to the structure after the proposed repairs.

Source: Section 13-2-341; Ord. 990225-70; Ord. 031211-11.

(A)

A person abandons a nonconforming use if:

(1)

the person changes the use of property from a nonconforming use to a conforming use; or

(2)

the person discontinues the nonconforming use for 90 consecutive days.

(B)

A seasonal discontinuance of a use, or a temporary discontinuance of a use for maintenance or repair, is excluded from a calculation of the 90 day period described in Subsection (A)(2).

(C)

A person may not resume an abandoned nonconforming use.

Source: Sections 13-2-342 and 13-2-343; Ord. 990225-70; Ord. 031211-11.

(A)

The table in this section determines whether a nonconforming use must comply with the nonconforming use regulations of Group "A", Group "B", Group "C", or Group "D" as prescribed by Section 25-2-947 (Nonconforming Use Regulation Groups).

(B)

To use the table:

(1)

find the column with the zoning district in which the nonconforming use is located;

(2)

find the row that describes the nonconforming use; and

(3)

find the nonconforming use regulation group for the nonconforming use at the intersection of the column and the row.

(C)

In the table, the phrase "allowed in" includes permitted and conditional uses.

NONCONFORMING USE TABLE

Source: Section 13-2-345; Ord. 990225-70; Ord. 031211-11.

(A)

A Group "A" nonconforming use must comply with the regulations described in this subsection.

(1)

Except as provided in Subsections (B)(1) and (2), a Group "A" nonconforming use must comply with Group "B" nonconforming use regulations.

(2)

A person shall discontinue a nonconforming use not later than 10 years after the date the use becomes nonconforming, if the use occurs:

(a)

outside a structure; or

(b)

in a structure valued at less than $10,000.

(3)

Maintenance or improvement of a structure is limited to that required by law to comply with minimum health and safety requirements. The value of an improvement described in this paragraph may not be used in determining the value of a structure.

(B)

A Group "B" nonconforming use must comply with the regulations described in this subsection.

(1)

A person may continue a nonconforming use and maintain an associated structure, except the person may not:

(a)

increase the floor space or site area of a nonresidential use; or

(b)

make a change that increases the amount of required accessible spaces.

(2)

A person may improve, enlarge, or structurally alter a structure if the cost does not exceed 20 percent of the value of the structure before the improvement.

(3)

An improvement required by law to meet minimum health and safety requirements, or an improvement to a portion of a structure used solely for a conforming use may not be used in determining valuations under Subsection (B).

(C)

A Group "C" nonconforming use must comply with the regulations described in this subsection.

(1)

A person may continue a nonconforming use and maintain an associated structure.

(2)

A person may expand the portion of a structure or site that is used for a nonconforming use, except:

(a)

an expansion of the portion of the site must be on the same lot and may occur only one time; and

(b)

an expansion may not increase the amount of off-street parking that was required prior to November 13, 2023, to more than 120 percent of that required for the use on the later of March 1, 1984 or the date the use became nonconforming.

(3)

If a structure is used for a nonconforming conditional use that the Land Use Commission has not approved, a person may annually expend not more than 20 percent of the value of the structure to improve, enlarge, or structurally alter the structure.

(D)

A Group "D" nonconforming use must comply with the regulations described in this subsection.

(1)

A Group "D" nonconforming use must comply with Group "C" nonconforming use regulations.

(2)

A nonconforming conditional use approved by the Land Use Commission may be replaced by a similar nonconforming conditional use if the Land Use Commission:

(a)

reviews traffic generation, noise, hours of operation, number of employees, and other appropriate performance measures;

(b)

determines that the replacement use will not more adversely affect surrounding uses than does the original use; and

(c)

approves the replacement use.

(E)

Except as provided in Subsections (A)(3) and (B)(3), the value of a structure is the value established by the tax appraisal district.

Source: Sections 13-1-333 and 13-2-344; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. No. 20231102-028, Pt. 21, 11-13-23.

(A)

This section applies to a use that is nonconforming because of its proximity to a hazardous pipeline under Section 25-2-516(B) (Development Near a Hazardous Pipeline).

(B)

Proximity to a hazardous pipeline does not cause a structure or area to be noncomplying under Article 8 (Noncomplying Structures).

(C)

Except as provided by Subsection (C), the use is governed by Group "D" regulations prescribed by Section 25-2-947 (Nonconforming Use Regulation Groups).

(D)

If there is a conflict between the regulations prescribed by this section and the regulations as determined by Section 25-2-946 (Determination of Nonconforming Use Regulation Group), the more restrictive regulations apply.

Source: Ord. 030410-12; Ord. 031211-11.

(A)

This section applies to a use that is nonconforming under Section 25-2-766.12 (Use Regulations).

(B)

Except as provided by Subsection (C), the use is governed by Group "D" regulations prescribed by Section 25-2-947 (Nonconforming Use Regulation Groups).

(C)

If there is a conflict between the regulations prescribed by this section and the regulations as determined by Section 25-2-946 (Determination of Nonconforming Use Regulation Group), the more restrictive regulations apply.

Source: Ord. 20050519-008.

Editor's note— Ord. No. 20250227-039, Pt. 1, effective February 27, 2025, repealed § 25-2-950, which pertained to discontinuance of nonconforming short-term rental (type 2) uses and derived from Ord. No. 20160223-A.1, Pt. 5, 4-1-2017.

NONCOMPLYING means a building, structure, or area, including off-street parking or loading areas, that does not comply with currently applicable site development regulations for the district in which it is located, but did comply with applicable regulations at the time it was constructed.

Source: Section 13-2-331; Ord. 990225-70; Ord. 031211-11.

(A)

A structure that complied with the site development regulations in effect on March 1, 1984, is a complying structure notwithstanding the requirements of this chapter.

(B)

A structure that complies with the site development regulations does not become a noncomplying structure as the result of a change in the use, zoning, or development of adjacent property.

Source: Section 13-2-820; Ord. 990225-70; Ord. 031211-11.

(A)

Except as provided in Subsections (B), (C), and (D) of this section, a person may modify or maintain a noncomplying structure.

(B)

The following requirements must be met in order to modify, maintain, or alter a non-complying residential structure:

(1)

Demolition or removal of walls must comply with the following requirements:

(a)

No more than fifty percent of exterior walls and supporting structural elements of the existing structure may be demolished or removed, including load bearing masonry walls, and in wood construction, studs, sole plate, and top plate. For purposes of this subsection, exterior walls and supporting structural elements are measured in linear feet and do not include the roof of the structure or interior or exterior finishes.

(b)

Replacement or repair of structural elements, including framing, is permitted if required by the building official to meet minimum health and safety requirements.

(2)

Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction.

(3)

For any residential use other than a single-family use in an SF-3 or more restrictive zoning district, the following requirements must be met in order to add square footage or convert accessory space into conditioned or habitable space:

(a)

If the lot is non-complying with current lot size or lot width requirements, the cost of improvements may not exceed 20 percent of the value of the structure before the improvements.

(b)

Compliance with current parking and occupancy regulations is required.

(4)

If a noncomplying portion of a structure is demolished, it loses its noncomplying status and may only be rebuilt in compliance with current code.

(C)

Except as provided in Subsections (E) and (F), a person may not modify or maintain a noncomplying structure in a manner that increases the degree to which the structure violates a requirement that caused the structure to be noncomplying.

(D)

The following requirements must be met in order to repair, reinforce, modify, or maintain a non-complying dock, bulkhead, or shoreline access as defined in Section 25-2-1172 (Definitions):

(1)

the use must be an accessory use in compliance with Section 25-2-893(G) (Accessory Uses for a Principal Residential Use);

(2)

except as allowed under Section 25-8-652 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long):

(a)

the location and footprint may not be altered; and

(b)

the degree of noncompliance may not be increased;

(3)

a survey of existing conditions must be included with the site plan or building permit application and must depict current elevations, contours, trees, and any other information required by the building official;

(4)

demolition is subject to the limitation in Subsection (B)(4) of this section;

(5)

dock structural components, including load bearing beams, walls, piers, and roofs, may be altered or replaced without reducing the legally existing length, height, or horizontal footprint of the dock, provided that the dock complies with:

(a)

the limitation in Subsections (D)(7)—(8) of this section; and

(b)

all other applicable regulations of Article 13 (Docks, Bulkheads, and Shoreline Access) and Section 25-2-893 (Accessory Uses for a Principal Residential Use);

(6)

no increase is allowed to:

(a)

the number of walls;

(b)

the height, width or depth; or

(c)

the number of slips or mooring capacity; and

(7)

for a dock, bulkhead, or shoreline access constructed after January 1, 1984, the applicant must provide evidence of a prior permit authorizing the construction; and

(8)

for a dock, bulkhead, or shoreline access constructed prior to January 1, 1984, no unpermitted additions or alterations that occurred after January 1, 1984 are allowed.

(E)

A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if:

(1)

the increase is made to a portion of the building that:

(a)

does not exceed the existing maximum height of the building; and

(b)

complies with the yard setback requirements of this title;

(2)

the increase does not exceed 15 percent of the existing maximum height of the building; and

(3)

after modification, the height of the modified portion of the building does not exceed the existing maximum height of the building.

(F)

A person may modify a building that is a noncomplying structure based on a yard setback requirement of this title if:

(1)

the modified portion of the building:

(a)

does not extend further into the required yard setback than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section;

(b)

unless located in a street side yard, is not greater in height than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; and

(c)

complies with the height requirements of this title; and

(2)

the additional length of a modified portion of the building does not exceed the lesser of 50 percent of the length of the noncomplying portion of the building or 25 feet measured from the existing building and parallel to the lot line.

(G)

Subsection (F) applies to each yard setback requirement with which the existing building does not comply.

(H)

A person may modify a noncomplying building once under Subsection (E) and once under Subsection (F). This section does not prohibit a person from modifying a building along more than one yard setback as part of a single project.

Source: Sections 13-2-820 and 13-2-823; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20100624-149; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 4, 7-7-14.

(A)

A person may restore a noncomplying structure that is damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind if the restoration begins not later than 12 months after the date the damage or destruction occurs.

(B)

Except as provided in Section 25-2-963 (Modification and Maintenance of Noncomplying Structures):

(1)

a structure restored under this section is limited to the same building footprint, gross floor area, and interior volume as the damaged or destroyed structure; and

(2)

a noncomplying portion of the structure may be restored only in the same location and to the same degree of noncompliance as the damaged or destroyed structure.

(C)

This section does not apply to loss of land resulting from wave action behind a bulkhead on Lake Austin.

Source: Section 13-2-821; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. No. 20140626-113, Pt. 5, 7-7-14.

(A)

This article applies to a structure or development:

(1)

in Lake Austin, Lady Bird Lake, or Lake Walter E. Long;

(2)

along the shore of Lake Austin in the area below 504.9 feet above mean sea level;

(3)

along the shore of Lady Bird Lake below 435 feet above mean sea level;

(4)

along the shore of Lake Walter E. Long; or

(5)

used for access to areas described in this Subsection.

(B)

The director of the Planning and Development Review Department shall implement and enforce this article.

Source: Section 13-2-791(a) and (d); Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. 20131017-079; Ord. No. 20140626-113, Pt. 6, 7-7-14.

In this article:

(1)

BULKHEAD means a revetment or wall constructed for the purpose of stabilizing or modifying the shoreline.

(2)

CLUSTER DOCK means a dock not used for commercial purposes that is associated with:

(a)

dwelling units in a multifamily development with lake frontage; or

(b)

principal residential structures in a subdivision with perpetual use rights to a common area that fronts a lake.

(3)

CONSTRUCT includes placing or replacing a structure and structurally altering an existing structure.

(4)

DOCK includes a wharf, pier, float, floating dock, island, boat dock, boat slip, boat lift, stationary platform, or other similar structure.

(5)

MOTORBOAT means a watercraft propelled by an internal combustion engine or electric motor.

(6)

NORMAL POOL ELEVATION means:

(a)

for Lake Austin, 492.8 feet above mean sea level;

(b)

for Lady Bird Lake, 429 feet above mean sea level; and

(c)

for Lake Walter E. Long, 554.5 feet above mean sea level.

(7)

PERSONAL WATERCRAFT includes jet skis and means a type of motorboat specifically designed to be operated by a person or persons sitting, standing or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel and that is less than 13 feet in length.

(8)

SHORELINE means the line where the edge of the water meets the land at normal pool elevation.

(9)

SHORELINE ACCESS means improvements constructed to provide a means of approaching the shoreline such as stairs, lifts, trams, incline elevators or escalators.

(10)

SHORELINE FRONTAGE means the total linear distance of the shoreline.

Source: Section 13-2-790; Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 7, 7-7-14; Ord. No. 20160922-048, Pt 2, 10-3-16.

(A)

A person may not modify a shoreline or construct or modify a dock, bulkhead, or shoreline access unless the person first obtains a site plan, except as otherwise allowed under Section 25-5-2 (Site Plan Exemptions), and building permit and pays the applicable fees established by ordinance. A site plan required under this section must be signed and sealed by a licensed professional engineer and must include all information required by the director responsible for administering this chapter.

(B)

A permit obtained under this section shall be prominently displayed at the construction site until the final inspection and approval by the building official.

(C)

If a permit is required under this section and is not obtained before construction begins, the required fee is increased by an amount established by ordinance. Payment of the additional fee does not relieve a person from complying with the requirements of this title.

(D)

Where an inspection is required by state law, neither a Certificate of Compliance nor a final inspection may be issued for shoreline access unless the applicant has submitted an inspection report, signed by a QEI-1 inspector registered with the Texas Department of Licensing and Regulation, stating that all applicable state regulations have been met.

Source: Sections 13-2-791 and 13-2-794; Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. 20131017-079; Ord. No. 20140626-113, Pt. 8, 7-7-14.

(A)

In addition to other applicable requirements of this title, a dock must:

(1)

comply with the requirements of Chapter 25-12 (Technical Codes), including Article 1 (Building Code), Article 7 (Fire Code), and the Building Criteria Manual;

(2)

be designed and constructed in a manner that does not pose a hazard to navigation safety;

(3)

be braced to withstand pressure of wind and water when boats are tied to the dock; and

(4)

if the dock is a floating dock, be supported by solid displacement flotation devices, with durable nonferrous protective coverings that are securely attached to the dock and capable of withstanding prolonged exposure to wave action and weather.

(B)

A bulkhead with a greater than 45 degree vertical slope for any portion greater than one foot in height is not permitted on or adjacent to the shoreline of a lake that is subject to this article, unless the shoreline is located within an existing man-made channel.

Source: Section 13-2-792; Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. 20121018-024; Ord. No. 20140626-113, Pt. 9, 7-7-14.

(A)

A dock must be lighted as provided in this section and in compliance with Chapter 25-12, Article 4 (Electrical Code). This section does not apply to a dock located on an inlet or slough, unless the dock is on Bee Creek or Bull Creek.

(B)

This subsection applies to a dock that extends more than eight feet from the shoreline. In this subsection, the distance that a dock extends from a shoreline is measured perpendicular to the shoreline.

(1)

A dock must be continuously lighted with amber lights between sunset and sunrise each day.

(2)

A dock must have at least one light station. Except as otherwise provided in this subsection, the light station must be located on the end of the dock and on the side that is farthest from and parallel to the shoreline. The light must be visible to a properly approaching watercraft.

(3)

A dock that extends 30 feet or more from the shoreline, or that has a shoreline frontage of 25 feet or more, must have at least one light station on each side of the dock that does not face the shoreline.

(4)

The requirements of this paragraph apply if the director determines that a dock described in Subsection (B)(3) may be a navigational hazard between sunset and sunrise.

(a)

A dock that extends less than 50 feet from the shoreline must have a light station halfway between the shoreline and the end of the dock that is farthest from the shoreline.

(b)

A dock that extends 50 feet or more from the shoreline must have light stations from the shoreline to the end of the dock at intervals of not more than 25 feet, except that a light station may not be located within 8 feet of the shoreline.

(c)

A dock that has a shoreline frontage of at least 25 feet but less than 50 feet must have a light station located at each end of the dock on the side farthest from the shoreline.

(d)

A dock that has a shoreline frontage of 50 feet or more must have light stations located at intervals of not more than 25 feet along its frontage.

(e)

Light stations are required at each end of the dock on the side farthest from the shoreline.

(C)

A light station required by this section must have a two-bulb fixture, with two working light bulbs that emit at least 112 lumens and not more than 400 lumens. Light bulbs or bulb covers must be amber, and white light may not radiate from the fixture. Weatherproof lamp holders and junction boxes are required. Each light fixture must be wired with a switch operated by a photoelectric cell so that the lights will operate automatically during the hours that the dock is required to be lighted by this section.

(D)

Wiring on a dock must be enclosed in rigid conduit or weatherproof flexible conduit with appropriate fittings.

(E)

If lights other than those required by this section are installed on a dock, only an amber navigation light may cast a beam of light outward from the dock.

(F)

A dock that requires lights under this section must provide temporary navigation lights that meet the requirements of this section during construction and until the permanent navigation lights installed on the dock are working.

(G)

If a dock does not comply with this section, the building official or other authorized city official shall post notice on the dock and shall notify the owner by mail of the violation. An offense under this section is punishable by a fine of not less than $200.

Source: Section 13-2-793; Ord. 990225-70; Ord. 031211-11; Ord. 20131017-079; Ord. No. 20140626-113, § 10, 7-7-14; Ord. No. 20160922-048, Pt. 3, 10-3-16.

(A)

A dock or similar structure must comply with the requirements of this subsection.

(1)

A dock may extend up to 30 feet from the shoreline, except that the director may require a dock to extend a lesser or greater distance from the shoreline if deemed necessary to ensure navigation safety.

(2)

No portion of a dock shall extend more than 20% of a channel width as measured by a line that is perpendicular to the centerline of the channel and that extends from the shoreline where the dock is located to the opposite shoreline.

(3)

A dock may not be constructed closer than 10 feet to the side property line, regardless of the side-yard setback generally applicable within the base zoning district.

(4)

The width of a dock measured parallel to the shoreline of the lot or tract where the dock is proposed, and including all access and appurtenances, may not exceed:

(a)

20 percent of the shoreline frontage, if the shoreline width exceeds 70 feet;

(b)

14 feet, if the shoreline frontage is no greater than 70 feet.

(5)

The footprint of a dock, including the portion of a cut-in slip, attached access structures, or roof overhang, may not exceed:

(a)

1,200 square feet for a dock that is accessory to a principal residential use;

(b)

for a cluster dock, 600 square feet multiplied by:

(i)

the number of dwelling units in a multifamily development; or

(ii)

the number of principal residential structures in a subdivision, if:

the dock will be located in a common area that fronts Lake Austin or Lady Bird Lake; and

lots within the subdivision have perpetual use rights to the common area.

(6)

A dock may not exceed 30 feet in height as measured from the highest point of the structure above the normal pool elevation of the lake.

(7)

No portion of a dock may be enclosed, except for an enclosed storage closet that is:

(a)

limited to no more than 48 square feet for each principal residential use associated with the dock; and

(b)

oriented to minimize cross sectional area perpendicular to flow.

(8)

The dock must be designed and constructed to meet the following requirements:

(a)

except for storage closets permitted under Paragraph (7), all solid structural supports and other materials used for enclosure, including lattice, wire panels, seat walls, and screening, must be at least 66 percent open, except that mesh for insect screening that is at least 66 percent open will not count toward the total enclosure percentage;

(b)

no framing materials that are capable of being converted to support walls or windows may be used; and

(c)

percentage of required openness is calculated per side, with the assumed height of eight feet per floor when no roof is proposed.

(9)

The number of motorboats anchored, moored, or stored on a dock may not exceed:

(a)

two, for a principal residential use utilizing an individual dock that is not part of a cluster dock; or

(b)

the number of single-family or multifamily residential units that:

(i)

have a perpetual right to use of a cluster dock located in a common area of the residential subdivision or multi-family development; and

(ii)

do not utilize a dock other than a cluster dock.

(10)

For purposes of determining the total number of motorboats that may be anchored, moored, or stored on a dock or over water, one personal watercraft is equivalent to one-half of a motorboat.

(B)

A marina area or cluster dock must comply with the requirements of this subsection.

(1)

A parking lot or permanent structure, other than a dock or a combined storage area on the water's edge, must be set back at least 100 feet from the shoreline.

(2)

Sanitation facilities must be provided in accordance with the following requirements.

(a)

Permanent sanitation facilities are required for a marina or common area with 10 or more boat slips.

(b)

Temporary or permanent sanitation facilities are required for a marina or common area with fewer than 10 boat slips.

(3)

A facility operator must:

(a)

remove garbage in a timely manner and provide for the on-site collection of garbage at a marina or common area; and

(b)

provide at least one garbage can with a capacity of at least 32 gallons for each four picnic units and for each four boat slips.

(C)

A fence may not extend into the water beyond the shoreline unless the fence:

(1)

was part of a commercial livestock operation, other than raising domestic pets, existing on April 17, 1994:

(2)

is constructed of smooth wire or mesh;

(3)

extends no more than 40 feet beyond the shoreline;

(4)

includes a navigation buoy indicating "DANGER", in accordance with the Texas Water Safety Act, installed at the end of the fence, unless the fence does not extend further beyond the shoreline than an immediately adjacent dock; and

(5)

must be removed if the livestock operation ceases.

(D)

Construction of a boat ramp is prohibited, unless the boat ramp is constructed on public land and dedicated for public use.

(E)

A person constructing shoreline access, as that term is defined in Section 25-2-1172 (Definitions), shall screen the shoreline access from the view of a property with at least one dwelling unit but less than four dwelling units and is zoned urban family residence (SF-5) district or more restrictive.

(1)

A person may comply with this subsection by providing vegetation and tree canopy as prescribed by rule and may supplement compliance with other screening methods prescribed by rule.

(2)

The owner must maintain the screening required by this section.

Source: Section 13-2-795; Ord. 990225-70; Ord. 031120-44; Ord. 031211-11; Ord. 20101209-075; Ord. 20131017-079; Ord. No. 20140626-113, Pt. 11, 7-7-14; Ord. No. 20160922-048, Pt. 4, 10-3-16; Ord. No. 20240516-004, Pt. 3, 7-15-24.

(A)

A license agreement from the City is not required for a dock located along Lake Austin, Lady Bird Lake, or Lake Walter E. Long, regardless of any easements or other ownership rights held by the City.

(B)

No living quarters or business, including a marina, may be constructed into or above a lake that is subject to this article, unless the city council approves a license agreement for the use after receiving a recommendation from the Land Use Commission.

Source: Section 13-2-796; Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 12, 7-7-14.

Editor's note— Ord. No. 20140626-113, Pt. 13, effective July 7, 2014, repealed § 25-2-1178, which pertained to fire protection. See References to Ordinances for complete derivation.

(A)

In addition to other applicable requirements of this title, a dock, bulkhead, or shoreline access must be designed, constructed, and maintained in accordance with the applicable requirements of this subsection.

(B)

A marine fuel facility or service station must comply with the requirements of Chapter 6-2 (Hazardous Materials) and shall be designed, maintained, and operated in a manner that prevents the spilling or leaking of fuel or petroleum products into the water.

(C)

The maintenance and repair of watercraft shall be performed in a manner that prevents discharge of fuel, oil, or other pollutants into the water.

(D)

Containers of hazardous materials, fuel, oil, herbicides, insecticides, fertilizers or other pollutants may not be stored on docks extending into or above Lake Austin, Lady Bird Lake, or Lake Walter E. Long.

(E)

Construction of shoreline access structures must minimize disturbance to woody and herbaceous vegetation, preserve the tree canopy, and replace herbaceous ground cover to the extent practicable.

(F)

A marina or marine fuel service facility or service station must provide adequate fire protection approved by the Fire Chief of the Austin Fire Department in accordance with the Fire Code and National Fire Protection Association standards for marinas and boatyards.

Source: Section 13-2-798; Ord. 990225-70; Ord. 031211-11; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 13, 7-7-14; Ord. No. 20221027-045, Pt. 3, 11-7-22.

(A)

On a determination by a city official or employee that a dock has become or is in imminent danger of becoming structurally unsound, the building official:

(1)

shall take action to declare the dock a hazard;

(2)

shall abate the hazard under Chapter 25-12, Article 9 (Property Maintenance Code), at the owner's expense; and

(3)

may impose a lien on the affected property to recover the cost of abatement.

(B)

An applicant must place a registration tag on a boat dock in a manner prescribed by the director of the Code Compliance Department. A person may not remove a tag required to be placed on a dock under this subsection.

(C)

In addition to the actions authorized under this section, the building official may take any other authorized action to enforce the requirements of this article.

Source: Ord. No. 20140626-113, Pt. 14, 7-7-14.

Many terms used in this Document are defined in the Land Development Code (LDC). Definitions are only included here if not defined in the LDC, or if the definition for this Document differs from the LDC.

A

Awning

A shade device at least 4 feet deep by the width of the entry being served.

B

Building Façade Line

A line that is parallel to a lot line or internal circulation route curb line, as applicable, and the same distance from the lot line or curb line as the closest portion of a building.

C

Civic Buildings

For purposes of this Subchapter, civic buildings shall consist of the following:

• College or University Facilities

• Community Recreation (Public)

• Cultural Services

• Local Utility Services

• Parks and Recreation Services (General)

• Postal Services

• Public Primary Education Facilities

• Public Secondary Education Facilities

• Safety Services

• Transportation Terminal

Clear Zone

The area dedicated for an unobstructed sidewalk.

Commercial Use

A use that appears in Section 25-2-4, (Commercial Uses Described), of the Land Development Code.

Core Transit Corridors

Core Transit Corridors are the following roadways:

1.

South First Street, north of Ben White Boulevard;

2.

East Seventh Street, west of Pleasant Valley Road;

3.

East Fifth Street, from I-35 to Pleasant Valley Road;

4.

West Fifth Street, from Guadalupe Street to Mopac Expressway;

5.

East Sixth Street, from I-35 to Pleasant Valley Road;

6.

West Sixth Street, from Guadalupe Street to Pressler Street;

7.

West Thirty-Fifth Street, from Mopac Expressway eastward until becoming West Thirty-Fifth Street Cutoff, and continuing eastward until becoming West Thirty-Eighth Street, and continuing eastward to Guadalupe Street;

8.

Airport Boulevard from Lamar Boulevard to I-35;

9.

Anderson Lane, from Burnet Road to Mopac Expressway;

10.

Barton Springs Road, east of Robert E. Lee Drive;

11.

Burnet Road, from 45th Street to Anderson Lane;

12.

South Congress Avenue, north of Stassney Lane;

13.

Guadalupe Street;

14.

Lamar Boulevard, from Banyon Street to Ben White Boulevard;

15.

Martin Luther King, Jr. Boulevard, from Pearl Street to Airport Boulevard;

16.

Riverside Drive from Lamar Boulevard to E. Ben White Boulevard/Highway 71;

17.

Cameron Road, from 51st Street to U.S. Highway 290;

18.

Fifty-first Street, from Cameron Road to Manor Road;

19.

Gaston Place, from Westminster Drive to Wellington Drive;

20.

Briarcliff Boulevard, from Berkman Drive to Westminster Drive; and

Core Transit Corridors, Future

For purposes of Section 4.2.2. of this Subchapter, the following roadways are considered "future core transit corridors" (including all lots with frontage on the listed intersections):

1.

South Congress Avenue from Stassney Lane to Slaughter Lane;

2.

Slaughter Lane from I-35 to Mopac;

3.

Seventh Street from Pleasant Valley Road to U.S. Highway 183;

4.

North Lamar Boulevard from Banyon Street to Howard Lane;

5.

Manor Road from Dean Keaton Street to 183;

6.

Airport Boulevard from Manor Road to I-35;

7.

Fifty-First Street from Cameron Road to Airport Boulevard;

8.

Far West Boulevard from Mopac to western side of Chimney Corner;

9.

Cameron Road from U.S. Highway 290 to U.S. Highway 183;

10.

Mesa Drive from Spicewood Springs to Steck;

11.

Jollyville Road from Great Hills Trail to U.S. Highway 183.

D

Director

Unless otherwise specified, the Director of the Watershed Protection and Development Review Department, or his or her designee.

E

F

Façade Relief

Other non-glass materials that differ in texture from the adjacent façade material and made to be set in frames, as in windows and doors. Examples include, but are not limited to, metal panels, shutters, glass block, and wood panels.

Fully-Shielded Light Fixture

A lighting fixture constructed in such a manner that the light source is not visible when viewed from the side and all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

Full Cut-off

A luminaire light distribution where zero candela intensity occurs at or above an angle of 90 above nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at or above a vertical angle of 80 above nadir. This applies to all lateral angles around the luminaire.

G

Glazing

The panes or sheets of glass set in frames, as in windows or doors. Glass includes tinted, fritted, vision, spandrel, and other forms of sheet formed glass. Vegetative screening is permitted only if approved by Director, and may not be used on front façade.

Greenfield Development

Development on an undeveloped parcel located outside the Urban Roadway boundary.

H

Hardscape

Nonliving components of a streetscape or landscape design, such as paved walkways, walls, sculpture, patios, stone and gravel areas, benches, fountains, and similar hard-surface areas and objects.

Highways

All freeways, parkways, expressways, and frontage roads identified in the Austin Area Metropolitan Transportation Plan, except for Core Transit Corridors described in this Subchapter.

Hill Country Roadways

This roadway type applies on all properties within 1000 feet of those roadway identified in Section 25-2-1103.

I

Internal Block

One or more lots, tracts, or parcels of land bounded by Internal Circulation Routes, railroads, or subdivision boundary lines.

Internal Circulation Route

A public street or a publicly-accessible private drive that is constructed to satisfy the requirements in Section 2.2.5 (Internal Circulation Routes: Connectivity, Parking, and Sidewalk Requirements for Large Sites) of this Subchapter.

J

K

L

LDC

The City of Austin Land Development Code.

Light Fixture

The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture.

Liner Store

A commercial use on the ground floor of a building located not more than 30 feet from the street right-of-way with an entrance facing the street.

M

Maximum Extent Feasible

No feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining "maximum extent feasible."

Maximum Extent Practicable

Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance.

N

Net Frontage Length

Determined by subtracting required Internal Circulation Routes, side or compatibility setbacks, easements, drive aisles, sidewalks, and stairs that occur at the building perimeter from the total property length, as measured along the front lot line from property line to property line. (See Figure 48.) In the case of a curved corner, the Director may determine the end point for purposes of measuring net frontage.

(See Figure 48 set forth in Exhibit A attached to Ord. 20130606-088; the diagram (in Figure 45) provides an example for determining Net Frontage Length. The net frontage length along the Principal Street for the example above would be the total sum of lengths A and B. Required Internal Circulation Routes, drive aisles, and perimeter sidewalks are not included.

Nonresidential Zoning Districts

The following are the City of Austin nonresidential zoning districts for purposes of this Subchapter:

• NO

• P

• LO

• GO

• CR

• LR

• GR

• W/LO

• CS

• CS-1

• CH

• IP

• MI

• LI

• R&D

O

P

Pad-Site Building

A building that is intended for a single commercial use and that is physically separate from the other buildings on the site. Typically used in the context of retail shopping center development, a building or building site that is physically separate from and smaller than the principal building and reserved for free-standing commercial uses. Typical pad site uses include, by way of illustration only, free-standing restaurants, banks, and service stations.

Planting Zone

An area adjacent to the curb in which street trees are planted and street furniture such as benches, bicycle racks, and newspaper boxes are placed.

Portico

See awning.

Principal Building

A building in which is conducted the principal use of the lot on which it is located.

Principal Entrance

The place of ingress and egress most frequently used by the public.

Principal Street

In this Subchapter, the principal street of a lot or site is the street with the highest priority that is adjacent to the lot or site. Street priorities are as follows, from highest to lowest:

• Core Transit Corridor;

• Internal Circulation Route;

• Urban Roadway;

• Suburban Roadway; and

• Highway or Hill Country Roadway (Unless the higher road runs parallel to the highway and is within 660 feet of the Highway or within 1,000 feet of the Hill Country Roadway (i.e., a highway development would not have to orient to the Urban/Suburban Roadway next to a highway).

If a lot is adjacent to more than one street of equally high priority, the principal street is: the street with the highest level of transit service, as determined by the Director; or, if the streets do not have transit service or the level of transit service is equal, the street designated by the lot owner.

Q

R

S

Significant Stand of Trees

Three or more Class 1 or Class 2 tree specimens with a minimum measurement of two-inch Diameter at Breast Height, meeting the standards outlined within Section 3.5.2 of the Environmental Criteria Manual, and a minimum of 150 sq. feet of critical root zone preserved.

Street-Facing Façade

A wall of a building that is within 60 degrees of parallel to a street lot line; and is not behind another wall, as determined by measuring perpendicular to the street lot line. The length of a street-facing façade is measured parallel to the street lot line.

Suburban Roadways

All roadways that are not Transit, Hill Country, Highway, or Urban Roadways.

Supplemental Zone

An area between the clear zone and the building edge for active public uses such as a plaza, outdoor cafe or patio.

T

Trademarked Design Feature

An external design feature, including colors, shapes, and materials, of a building that is trademarked by a building occupant.

Urban Roadways

Urban Roadways are roads located within the following boundaries other than those designated as Core Transit Corridors and Highways:

• 183 from Burnet to Hwy 71

• Hwy 71 from 183 to Loop 1

• Loop 1 from Hwy 71 to Lake Austin

• Lake Austin from Loop 1 to Exposition

• Exposition from Lake Austin to 35th

• 35th from Exposition to Loop 1

• Loop 1 from 38th to RM 2222

• RM 2222 from Loop 1 to Mesa

• Mesa from RM 2222 to Spicewood Springs Road

• Spicewood Springs Road from Mesa to 360

• 360 from Spicewood Springs Road to Great Hills Trail

• Great Hills Trail from 360 to 183

• 183 from Great Hills Trail to Braker

• Braker from 183 to Burnet

• Burnet from Braker to 183

V

Vertical Mixed Use (VMU) Building

A building that meets the requirements set forth in Section 4.3. of this Subchapter.

W

X

Y

Z

Source: Ord. 20060831-068; Ord. 20070809-058; Ord. 20100225-079; Ord. 20100408-049; Ord. 20100624-113; Ord. 20130606-088.

This article describes and classifies uses in the zoning jurisdiction. The major use categories are residential, commercial, industrial, civic, and agricultural.

Source: Sections 13-2-2 through 13-2-6; Ord. 990225-70; Ord. 031211-11.

(A)

The director of the Planning and Development Review Department shall determine the appropriate use classification for an existing or proposed use or activity.

(B)

If a particular use is not classified within a zoning category or land use definition, the director shall determine the appropriate use classification based on the characteristics of the proposed use and the similarities, if any, of the use to other classified uses.

(C)

If a use requires a determination under Subsection (B) of this section, a person may request that the director issue a formal use determination stating how the use is classified under existing use regulations. A use determination may be appealed to the Board of Adjustment under Section 25-1-197 (Use Determinations).

(D)

The director shall notify the Planning Commission and the Zoning and Platting Commission of the filing of an appeal within 30 days of the filing, and of the disposition of the appeal within 30 days of disposition.

(E)

The director shall maintain a list of determinations made under this section.

Source: Section 13-2-7; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20120426-122.

(A)

Residential uses include the occupancy of living accommodations on a nontransient basis. Residential uses exclude institutional living arrangements providing 24-hour skilled nursing or medical care and those providing forced residence, including mental hospitals and prisons.

(B)

Residential use classifications are described as follows:

(1)

BED AND BREAKFAST RESIDENTIAL use is the use of a residential structure to provide rooms for temporary lodging for overnight guests on a paying basis.

(2)

CONDOMINIUM RESIDENTIAL use is the use of a site for attached or detached condominiums, as defined in the Texas Property Code.

(3)

CONSERVATION SINGLE FAMILY RESIDENTIAL use is the use of a site for multiple detached dwelling units with each dwelling unit located on an individual lot and the remainder of the site being jointly-owned and preserved as open space.

(4)

DUPLEX RESIDENTIAL use is the use of a site for two dwelling units within a single building, other than a mobile home.

(5)

GROUP RESIDENTIAL use is the use of a site for occupancy by 16 or more adults and a third party prepares or provides food for the occupants on a weekly or longer basis. This use includes fraternity and sorority houses, dormitories, residence halls, and boarding houses.

(6)

MOBILE HOME RESIDENTIAL use is the use of a site for occupancy of mobile homes on a weekly or longer basis. This use includes mobile home parks and mobile home subdivisions.

(7)

MULTIFAMILY RESIDENTIAL use is the use of a site for four or more dwelling units, within one or more buildings, and includes condominium residential use.

(8)

RETIREMENT HOUSING (LARGE SITE) use is the use of a site for more than 12 dwelling units designed and marketed specifically for the elderly, the physically handicapped, or both.

(9)

RETIREMENT HOUSING (SMALL SITE) use is the use of a site for 3 to 12 dwelling units designed and marketed specifically for the elderly, the physically handicapped, or both.

(10)

SHORT-TERM RENTAL use is the rental of a housing unit or a portion of a housing unit for a period of less than 30 consecutive days. The use does not include an extension for less than 30 consecutive days of a previously existing rental agreement of 30 consecutive days or more or a rental between the parties to the sale of that housing unit.

(11)

SINGLE-FAMILY ATTACHED RESIDENTIAL use is the use of a site for two dwelling units, each located on a separate lot, that are constructed with common or abutting walls or connected by a carport, garage, or other structural element.

(12)

SINGLE-FAMILY RESIDENTIAL use is the use of a site for only one dwelling unit, other than a mobile home.

(13)

SMALL LOT SINGLE-FAMILY RESIDENTIAL use is the use of a small lot for only one dwelling unit, other than a mobile home.

(14)

TOWNHOUSE RESIDENTIAL use is the use of a site for townhouses.

(15)

THREE-UNIT RESIDENTIAL use is the use of a lot for three dwelling units other than a mobile home.

(16)

TWO-UNIT RESIDENTIAL use is the use of a lot for two dwelling units, each in a separate building, other than a mobile home.

Source: Section 13-2-2; Ord. 990225-70; Ord. 990520-38; Ord. 031211-11; Ord. 041118-57; Ord. 20100819-064; Ord. 20120802-122; Ord. No. 20231207-001, Pt. 2, 12-18-23; Ord. No. 20240516-006, Pt. 3, 5-27-24; Ord. No. 20250227-039, Pt. 4, 10-1-25.

(A)

Commercial uses include the sale, rental, servicing, and distribution of goods, and the provision of services, other than those classified as industrial or civic uses.

(B)

Commercial use classifications are described as follows:

(1)

ADMINISTRATIVE AND BUSINESS OFFICES use is the use of a site for the provision of executive, management, or administrative services. This use includes:

(a)

administrative offices and services, including real estate, insurance, property management, investment, personnel, travel, secretarial, telephone answering, and photocopy and reproduction; and

(b)

business offices for public utilities, organizations, associations, and other use classifications if the service rendered is customarily associated with administrative office services.

(2)

AGRICULTURAL SALES AND SERVICES use is the use of a site for the on-site sale of feed, grain, fertilizers, pesticides and similar goods, or the provision of agricultural services with incidental storage of goods off-site. This use includes hay, feed, and grain stores and tree service firms.

(3)

ALTERNATIVE FINANCIAL SERVICES BUSINESSES use is the use of a site for a check cashing business, payday advance or loan business, money transfer business, motor vehicle title loan business, or a credit access business as defined in this section.

(a)

This use excludes:

(1)

a state or federally chartered bank, savings and loan association or credit union, or a pawnshop, and

(2)

a convenience store, supermarket, or other retail establishment where consumer retail sales constitute at least 75% of the total gross revenue generated on site.

(b)

A check cashing business is an establishment that provides one or more of the following:

(1)

an amount of money that is equal to the face of a check or the amount specified in a written authorization for an electronic transfer of money, less any fee charged for the transaction;

(2)

an agreement not to cash a check or execute an electronic transfer of money for a specified period of time; or

(3)

the cashing of checks, warrants, drafts, money orders, or other commercial paper for compensation by any other person or entity for a fee.

(c)

A payday advance or loan business is an establishment that makes small consumer loans of $2,500 or less, usually backed by postdated check or authorization to make an electronic debit against an existing financial account, where the check or debit is held for an agreed-upon term or until a customer's next payday and then cashed unless the customer repays the loan to reclaim the check or debit. Such establishments may charge a flat fee or other service charge and/or a fee or interest rate based on the size of the loan amount.

(d)

A motor title loan business is an establishment that makes small consumer loans of $2,500 or less that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the vehicle.

(e)

A credit access business has the same meaning as defined in Section 393.601 of the Texas Finance Code.

(4)

ART GALLERY use is the use of a site for the display or sale of art.

(5)

ART WORKSHOP use is use of a site for the production of art or handcrafted goods, and it includes the incidental sale of the art produced.

(6)

AUTOMOTIVE RENTALS use is the use of a site for the rental of automobiles, noncommercial trucks, trailers, or recreational vehicles, including incidental parking and servicing of vehicles. This use includes auto rental agencies, trailer rental agencies, and taxicab parking and dispatching.

(7)

AUTOMOTIVE REPAIR SERVICES use is the use of a site for the repair of automobiles, noncommercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. This use includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.

(8)

AUTOMOTIVE SALES use is the use of a site for sale or rental of automobiles, noncommercial trucks, motorcycles, motor-homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing. This use includes new and used car dealerships, motorcycle dealerships, and boat, trailer, and recreational vehicle dealerships.

(9)

AUTOMOTIVE WASHING use is the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

(10)

BAIL BOND SERVICES use is the use of a site by a licensed bail bond surety to provide bail bond services regulated by Texas Occupations Code Chapter 1704. The use does not include bail bond services that are provided by an attorney and that are exempt from the state licensure requirements under Texas Occupations Code Section 1704.163.

(11)

BUILDING MAINTENANCE SERVICES use is the use of a site for provision of maintenance and custodial services to firms rather than individuals. This use includes janitorial service, landscape maintenance, and window cleaning services.

(12)

BUSINESS OR TRADE SCHOOL use is the use of a site for provision of education or training in business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a home occupation, college, university, or public or private educational facility.

(13)

BUSINESS SUPPORT SERVICES use is the use of a site for sale, rental, or repair of equipment or supplies used by office, professional, or service establishments, but excludes automotive, construction, and farm equipment. This use includes office equipment and supply firms, small business machine repair shops, and hotel equipment and supply firms.

(14)

CAMPGROUND use is the use of a site for provision of camping or parking areas and incidental services for travelers in recreational vehicles or tents. This use includes recreation vehicle parks.

(15)

CARRIAGE STABLE use is the use of a site for housing of horses used solely to pull carriages, but excludes uses permitted in the description of stable.

(16)

COCKTAIL LOUNGE use is the use of a site for retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, and similar uses, other than a restaurant use as that term is described in this section.

(17)

COMMERCIAL BLOOD PLASMA CENTER use is the use of a site as a facility for the donation or sale by individual donors of blood plasma and other blood products, with the exception of whole blood. A "blood bank" as defined by Texas Health and Safety Code Section 162.001 is not a commercial blood plasma center.

(18)

COMMERCIAL OFF-STREET PARKING use is the use of a site for the parking of motor vehicles on a temporary basis within a privately owned off-street parking facility. This use includes commercial parking lots and garages and excludes parking as an accessory use.

(19)

COMMUNICATIONS SERVICES use is the use of a site for the provision of broadcasting or information relay services through electronic and telephonic mechanisms, but excludes major utility facilities. This use includes television, film, or sound recording studios, telecommunication service centers, and telegraph service offices.

(20)

CONSTRUCTION SALES AND SERVICES use is a use involving construction activities, the incidental storage of materials on sites other than construction sites, and the on-site sale of materials used in the construction of buildings or other structures, other than retail sale of paint, fixtures and hardware. This use includes building materials stores, tool and equipment rental or sales, and building contractor businesses, but excludes automobile sales, automobile rentals, automobile washing, automotive repair services, commercial off-street parking, equipment repair services, equipment sales, service stations, and vehicle storage.

(21)

CONSUMER CONVENIENCE SERVICES use is the use of a site for the provision of convenient and limited services to individuals in access-controlled facilities that make twenty-four hour operation possible. This use includes the renting of private postal and safety deposit boxes to individuals and automated banking machines.

(22)

CONSUMER REPAIR SERVICES use is the use of a site for the provision of repair services to individuals or households rather than firms. This use includes appliance repair shops, watch or jewelry repair shops, and musical instrument repair shops, and excludes automotive repair services, equipment repair services, and service stations.

(23)

CONVENIENCE STORAGE use is storage services primarily for personal effects and household goods within enclosed storage areas having individual access. This use includes mini-warehouses, and excludes workshops, hobby shops, manufacturing, and commercial activity.

(24)

DROP-OFF RECYCLING COLLECTION FACILITY use is a facility used for the collection and transfer, but not the actual processing, of recyclable materials. Recyclable materials include glass, paper, plastic, cans, or other source-separated, nonputrescible materials, and excludes motor oil, chemicals, household appliances, tires, automobiles, automobile parts, and putrescible materials.

(25)

ELECTRIC VEHICLE CHARGING use is the use of a site for the charging of an electric vehicle, including battery charging stations and rapid charging stations, each as defined by the United States Department of Energy.

(26)

ELECTRONIC PROTOTYPE ASSEMBLY use is the use of a site for the assembly of prototype electrical and electronic components for computers, computer peripherals, scientific or medical measuring or analyzing instruments, radio, telephone, and similar equipment. This use excludes the production of goods for sale to customers, and chip, wafer, or semiconductor prototype assembly.

(27)

ELECTRONIC TESTING use is the use of a site for testing an electrical or electronic component for a computer, computer peripheral, radio, telephone, scientific or medical instrument, or similar equipment. The use excludes the manufacture or assembly of a product.

(28)

EQUIPMENT REPAIR SERVICES use is the use of a site for the repair of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, or similar heavy equipment. This use includes truck repair garages, tractor and farm implement repair services, and machine shops, but excludes dismantling and salvage activity.

(29)

EQUIPMENT SALES use is the use of a site for the sale or rental of trucks of one ton or greater capacity, tractors, construction equipment, agricultural implements, mobile homes, or similar heavy equipment, including incidental storage, maintenance, and servicing. This use includes truck dealerships, construction equipment dealerships, and mobile home sales establishments.

(30)

EXTERMINATING SERVICES use is the use of a site for the eradication or control of rodents, insects, or other pests with incidental storage on sites other than where the service is rendered.

(31)

FINANCIAL SERVICES use is the use of a site for the provision of financial and banking services. This use includes banks, savings and loan institutions, stock and bond brokers, loan and lending activities, and similar services. This use excludes alternative financial services businesses uses as defined in this section.

(32)

FOOD PREPARATION use is the use of a site for the production of prepared food for wholesale distribution in a structure with not more than 5,000 square feet of gross floor area. The use includes wholesale bakeries, commercial kitchens, and specialty food processing or packaging shops, but excludes the on-site slaughter of animals and the commercial production of ice.

(33)

FOOD SALES use is the use of a site for the retail sale of food or household products for home consumption. This use includes grocery stores, delicatessens, meat markets, retail bakeries, and candy shops.

(34)

FUNERAL SERVICES use is the use of a site for the preparation human dead for burial or arranging or managing funerals. This use includes funeral homes and mortuaries.

(35)

GENERAL RETAIL SALES (CONVENIENCE) use is the use of a site for the sale or rental of commonly used goods and merchandise for personal or household use, but excludes uses classified more specifically in this section. This use includes the provision of household cleaning and maintenance products, drugs, cards, stationery, notions, books, tobacco products, cosmetics, specialty items, apparel, jewelry, fabrics, cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies, and bicycles.

(36)

GENERAL RETAIL SALES (GENERAL) use is the use of a site for the sale or rental of commonly used goods for personal or household use, but excludes uses classified more specifically in this section. This use includes department stores, furniture stores, and establishments providing home furnishings, appliances, wallpaper, floor-covering, or automotive parts and accessories (excluding service and installation).

(37)

HOTEL-MOTEL use is the use of a site for the provision of rooms for temporary lodging. This use includes hotels, motels, and transient boarding houses.

(38)

INDOOR ENTERTAINMENT use is a predominantly spectator use conducted within an enclosed building. This use includes meeting halls and dance halls.

(39)

INDOOR SPORTS AND RECREATION use is a recreational use conducted within an enclosed building. This use includes bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video arcades, and indoor racquetball courts.

(40)

KENNELS use is the use of a site for the boarding and care of dogs, cats, or similar small animals. This use includes boarding kennels, pet motels, and dog training centers.

(41)

LAUNDRY SERVICES use is the use of a site for the provision of laundering, dry cleaning, or dyeing services other than those classified as personal services. This use includes bulk laundry and cleaning plants, diaper services, and linen supply services.

(42)

LIQUOR SALES use is the use of a site for the retail sale of alcoholic beverages for off-premises consumption. This use includes liquor stores and bottle shops.

(43)

MARINA use is:

(a)

the wet or dry storage or docking of seaworthy watercraft, including ramps and hoists for boats, for profit; or

(b)

the provision of docks, wharves, piers, floats, or similar structures for the anchoring, mooring, housing, or storing of more than three watercraft.

(44)

MEDICAL OFFICES use is the use of a site for the consultation, diagnosis, therapeutic, preventative, or corrective personal treatment by doctors, dentists, medical or dental laboratories, or similar practitioners of medical and healing arts for humans, licensed for practice by the state. The use includes a compounding pharmacy that does not exceed 3,000 square feet of gross floor area. A compounding pharmacy may prepare and sell prescription drugs and also sell non-prescription drugs, medical supplies, and other health products. The sale of other merchandise is permitted only as an accessory use.

(45)

MONUMENT RETAIL SALES use is the use of a site primarily for the retail sale of monuments for placement on graves. This use includes the sale, storage, and delivery of headstones, footstones, markers, statues, obelisks, cornerstones, and ledgers.

(46)

OFF-SITE ACCESSORY PARKING use is the use of a site for the provision of parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, located on a different site from the principal use.

(47)

OUTDOOR ENTERTAINMENT use is a predominantly spectator use conducted in open, partially enclosed, or screened facilities. This use includes sports arenas, racing facilities, and amusement parks.

(48)

OUTDOOR SPORTS AND RECREATION use is a recreational use conducted in open, partially enclosed, or screened facilities. This use includes driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.

(49)

PAWN SHOP SERVICES use is the use of a site for the lending of money on the security of property pledged in the keeping of the pawnbroker, and the incidental sale of the property.

(50)

PEDICAB STORAGE AND DISPATCH use is the use of a site for the staging, storage, and dispatch of non-motorized vehicles, including incidental parking and servicing of these vehicles.

(51)

PERFORMANCE VENUE use is the use of a site for presentation of plays, motion pictures, or other performances that includes the retail sale of alcoholic beverages for consumption on the premises. This use also includes live music performances.

(52)

PERSONAL IMPROVEMENT SERVICES use is the use of a site for the provision of informational, instructional, personal improvement, and similar services. This use includes music studios, martial arts studios, photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft or hobby instruction.

(53)

PERSONAL SERVICES use is the use of a site for the provision of periodically needed services of a personal nature. This use includes beauty or barber shops, seamstress or tailor services, shoe repair shops, and dry cleaning pick-up station services.

(54)

PET SERVICES use is the use of a site for the retail sale of small animals customarily used as household pets, or the provision of veterinary, grooming, or boarding services, totally within a building. This use includes pet stores, small animal clinics, and pet grooming shops, but excludes uses for livestock and large animals.

(55)

PLANT NURSERY use is the use of a site for sale of plants or related goods or services. This use includes garden centers and tree service firms.

(56)

PRINTING AND PUBLISHING use is the use of a site for the bulk reproduction, printing, cutting, or binding of written or graphic material.

(57)

PROFESSIONAL OFFICE use is the use of a site for the provision of professional or consulting services in the fields of law, architecture, design, engineering, accounting, or similar professions.

(58)

RECREATIONAL EQUIPMENT MAINTENANCE AND STORAGE use is the use of a site for the maintenance, service, or storage of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor-homes.

(59)

RECREATIONAL EQUIPMENT SALES use is the use of a site for the sale or rental of sports equipment, watercraft, watercraft motors, trailers, motorcycles, or motor-homes, and includes incidental storage, maintenance, and servicing.

(60)

RESEARCH ASSEMBLY SERVICES use is the use of a site for the assembly of products related to research services and used by the owners of the research establishment or affiliated entities in the delivery of services performed by the owner or affiliated entities. This use excludes the mass production of products for general sale to customers.

(61)

RESEARCH SERVICES use is research of an industrial or scientific nature. This use includes electronics research laboratories, space research or development firms, and pharmaceutical research labs, and excludes product testing.

(62)

RESEARCH TESTING SERVICES use is research activity that may be permitted only with the approval of the council within a planned development area district.

(63)

RESEARCH WAREHOUSING SERVICES use is the use of a site for enclosed or screened storage of materials or equipment related to research services, and excludes bulk warehousing or permanent storage of hazardous or toxic substances, except as authorized by a planned development area district ordinance.

(64)

RESTAURANT (GENERAL) use is the use of a site for the preparation and retail sale of food and beverages and includes the sale and on-premises consumption of alcoholic beverages as an accessory use.

(65)

RESTAURANT (LIMITED) use is the use of a site for the preparation and retail sale of food and beverages and excludes the sale of alcoholic beverages for on-premises consumption.

(66)

SCRAP AND SALVAGE SERVICES use is the use of a site for the storage, sale, dismantling or other processing of used or waste materials that are not intended for re-use in their original forms. This use includes automotive wrecking yards, junk yards, and paper salvage yards.

(67)

SERVICE STATION use is the use of a site for the provision of fuel, lubricants, parts and accessories, or incidental services to motor vehicles.

(68)

SOFTWARE DEVELOPMENT use is the use of a site for development or testing of computer software packages including magnetic disks, tapes, and associated operating manuals. This use excludes printing, distribution, and software manufacturing.

(69)

SPECIAL USE HISTORIC is a use that complies with the requirements of Section 25-2-807 (Special Use In Historic Districts).

(70)

STABLE use is the use of a site for boarding, breeding or raising of horses not owned by the occupants of the premises, or the rental of horses for riding. This use includes boarding stables or public stables.

(71)

THEATER use is the use of a site for presentation of plays, motion pictures, or other performances within a building. This use also includes live music performances.

(72)

VEHICLE STORAGE use is the use of a site for long term storage for vehicles. This use includes storage of vehicles towed from private parking areas and impound yards, but excludes dismantling or salvage.

(73)

VETERINARY SERVICES use is the use of a site for provision of veterinary services and hospitals for animals. This use includes pet clinics, dog and cat hospitals, and veterinary hospitals for livestock and large animals.

Source: Section 13-2-3; Ord. 000309-39; Ord. 010426-48; Ord. 020627-Z34; Ord. 031211-11; Ord. 031211-41; Ord. 040617-Z-1; Ord. 20060928-107; Ord. 20120426-139; Ord. 20121101-057; Ord. No. 20230914-097, Pt. 1, 9-25-23; Ord. No. 20240516-007, Pt. 1, 5-27-24.

(A)

Industrial uses include the on-site extraction or production of goods by non-agricultural methods, and the storage and distribution of products.

(B)

Industrial use classifications are described as follows:

(1)

BASIC INDUSTRY use is the use of a site for:

(a)

the basic processing and manufacturing of materials or products predominately from extracted or raw materials;

(b)

storage or manufacturing processes that involve flammable or explosive materials; or

(c)

storage or manufacturing processes that involve hazardous or commonly recognized offensive conditions, including poultry processing.

(2)

CUSTOM MANUFACTURING use is the use of a site for on-site production of goods by the use of hand tools, domestic mechanical equipment not exceeding five horsepower, or a single kiln not exceeding 12 kilowatts, and the incidental sale of those goods. This use includes candle-making shops and custom jewelry manufacturing.

(3)

GENERAL WAREHOUSING AND DISTRIBUTION use is open-air storage, distribution, or handling of materials or equipment. This use includes monument or stone yards, grain elevators, and open storage yards.

(4)

LIGHT MANUFACTURING use is the use of a site for manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of the products, and incidental storage, sales, and distribution of the products. This use excludes basic industrial processing.

(5)

LIMITED WAREHOUSING AND DISTRIBUTION use is the use of a site for provision of wholesaling, storage, or warehousing services within an enclosed structure. This use includes wholesale distributors, storage warehouses, and moving or storage firms.

(6)

RECYCLING CENTER use is the use of a site for collection, transfer, or processing of recyclable materials. Recyclable materials include glass, paper, plastic, cans, or other source-separated, nonputrescible materials. This use excludes bulk or single-feed reverse vending machines.

(7)

RESOURCE EXTRACTION use is the use of a site for on-site extraction of surface or sub-surface mineral products or natural resources. This use includes quarries, borrow pits, sand or gravel operations, oil or gas extraction, and mining operations.

(8)

STOCKYARDS use is the use of a site for temporary keeping of livestock for slaughter, market, or shipping. This use includes stockyards, animal sales, and auction yards.

Source: Section 13-2-4; Ord. 990225-70; Ord. 031211-11; Ord. 040617-Z-1.

(A)

Civic uses include the performance of utility, educational, recreational, cultural, medical, protective, and governmental functions, and other uses that are strongly vested with public or social importance.

(B)

Civic use classifications are described as follows:

(1)

ADMINISTRATIVE SERVICES use is the use of a site for provision of offices or administrative, clerical, or public contact services, together with incidental storage and maintenance of necessary vehicles. This use includes offices and courthouses serving federal, state, county, and city government.

(2)

ADULT CARE SERVICES (GENERAL) use is the use of a site for the provision of care for less than 24 hours per day for more than 6 persons who are 18 years of age or older.

(3)

ADULT CARE SERVICES (LIMITED) use is the use of a site for the provision of care for less than 24 hours per day for 6 or fewer persons who are 18 years of age or older.

(4)

AVIATION FACILITIES use is the use of a site for provision of landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, or rental of aircraft, including activities directly associated with the operation and maintenance of airport facilities.

(5)

CAMP use is the use of a site for provision of indoor or outdoor activities for children, including sports, arts and crafts, entertainment, recreation, educational activities, swimming, fishing, horseback riding, and incidental food service. If incidental to the camp use, camp facilities may be used to provide meeting, recreation, or social facilities for a private association or group.

(6)

CEMETERY is the use of land that is dedicated for cemetery purposes for the burial of the dead, including columbariums, crematoriums, mausoleums, and mortuaries.

(7)

CHILD CARE SERVICES (GENERAL) use of a site for the provision of care for less than 24 hours per day for more than 12 persons who are less than 18 years of age or are eligible to utilize child care under federal or state laws. This use includes nursery schools, preschools, day care centers for children, and similar uses, and excludes public and private primary or secondary educational facilities.

(8)

CHILD CARE SERVICES (LIMITED) use of a site for the provision of care for less than 24 hours for 12 or fewer persons who are less than 18 years of age or are eligible to utilize child care under federal or state laws. This use includes nursery schools, preschools, day care centers for children, and similar uses, and excludes public and private primary or secondary educational facilities.

(9)

CLUB OR LODGE use is the use of a site for provision of meeting, recreational, or social facilities by a private or nonprofit association, primarily for use by members and guests. This use includes private social clubs and fraternal organizations.

(10)

COLLEGE AND UNIVERSITY FACILITIES use is the use of a site as an educational institution of higher learning that offers a course of study designed to culminate in the issuance of a degree in accordance with the Texas Education Code.

(11)

COMMUNICATION SERVICE FACILITIES use is the use of a site for the transmission, transfer, or distribution of telephone service and related activities.

(12)

COMMUNITY EVENTS use is a use described in Local Government Code Chapter 334 as permitted for an "approved venue project", except for a hotel, zoological park, museum, or aquarium. The use includes the sale of alcoholic beverages.

(13)

COMMUNITY RECREATION (PRIVATE) use is the use of a site for the provision of an indoor or outdoor recreational facility for use by residents or guests of a residential development, planned unit development, church, private primary or secondary educational facility, club or lodge, or non-profit organization.

(14)

COMMUNITY RECREATION (PUBLIC) use is the use of a site for the provision of an indoor or outdoor recreational facility for use by the general public, but not for economic gain.

(15)

CONGREGATE LIVING use is the use of a site for the provision of 24 hour supervision and assisted living for more than 15 residents not needing regular medical attention. This use includes personal care homes for the physically impaired, mentally retarded, developmentally disabled, or persons 60 years of age or older, basic child care homes, maternity homes, and emergency shelters for victims of crime, abuse, or neglect.

(16)

CONVALESCENT SERVICES use is the use of a site for the provision of bed care and in-patient services for persons requiring regular medical attention. This use excludes the provision of surgical or emergency medical services and the provision of care for alcoholism, drug addiction, mental disease, or communicable disease.

(17)

CONVENTION CENTER use is the use of a site for the provision of space or facilities owned or managed by the City for conventions, meetings, exhibitions, shows, gatherings, presentations, or celebrations, including related incidental facilities for office and administrative use, food and beverage preparation and service, and on-site and off-site parking facilities.

(18)

COUNSELING SERVICES use is the use of a site for the provision of daytime counseling to neglected or abused children, 15 years of age or younger, or their managing conservators, who are referred by a governmental entity or other counseling service providers.

(19)

CULTURAL SERVICES use is the use of a site for a library, museum, or similar facility.

(20)

DETENTION FACILITIES use is the use of a site for the provision by a public agency of housing and care for legally confined individuals.

(21)

EMPLOYEE RECREATION use is the use of a site for the provision of an indoor or outdoor recreational facility for use by employees of a business engaged in basic industry, commercial services, manufacturing, administrative activities, or research and development services, that is located on property reserved by the business for future expansion.

(22)

GUIDANCE SERVICES use is the use of a site for the provision of daytime counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition.

(23)

HOSPITAL SERVICES (GENERAL) use is the use of a site for the provision of medical, psychiatric, or surgical services on an in-patient basis, and includes ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, and visitors.

(24)

HOSPITAL SERVICES (LIMITED) use is the use of a site for the provision of medical, psychiatric, or surgical services on an out-patient basis, and includes emergency treatment, diagnostic services, training, administration, and services to out-patients, employees, and visitors.

(25)

LOCAL UTILITY SERVICES use is the use of a site for the provision of services that are necessary to support the development in the area and involve only minor structures including lines and poles.

(26)

MAINTENANCE AND SERVICE FACILITIES use is the use of a site for the provision of maintenance, repair, vehicular or equipment servicing, material storage, or similar activities, and includes equipment service centers and similar uses having characteristics of commercial services, contracting, or industrial activities.

(27)

MAJOR UTILITY FACILITIES use is the use of a site for the provision of generating plants, electrical switching facilities or primary substations, refuse collection or disposal facilities, water or wastewater treatment plants, or similar facilities.

(28)

MILITARY INSTALLATIONS use is the use of a site for the provision of military facilities by the federal or state government.

(29)

PARKS AND RECREATION SERVICES (GENERAL) use is the use of a site for the provision of parks, playgrounds, recreation facilities, or open spaces available to the general public and under the management or control of a public agency.

(30)

PARK AND RECREATION SERVICES (SPECIAL) use is the use of a site for the sale of beer or wine in a building that is located in a park or recreation facility under the management or control of a public agency.

(31)

POSTAL FACILITIES use is the use of a site for the provision of postal services and includes post offices, bulk mail processing, and sorting centers operated by the United States Postal Service.

(32)

PRIVATE PRIMARY EDUCATIONAL FACILITIES use is the use of a site for a private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.

(33)

PRIVATE SECONDARY EDUCATIONAL FACILITIES use is the use of a site for a private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

(34)

PUBLIC PRIMARY EDUCATIONAL FACILITIES use is the use of a site for a public school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state. The term includes an open enrollment charter school as defined under the Texas Education Code.

(35)

PUBLIC SECONDARY EDUCATIONAL FACILITIES use is the use of a site for a public school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state. The term includes an open enrollment charter school as defined under the Texas Education Code.

(36)

QUALIFIED COMMUNITY GARDEN use is a garden that complies with the requirements of Chapter 8-4 (Qualified Community Garden) of the City Code.

(37)

RAILROAD FACILITIES use is the use of a site for provision of railroad yards, equipment servicing facilities, or terminal facilities.

(38)

RELIGIOUS ASSEMBLY use is regular organized religious worship or religious education in a permanent or temporary building. The use excludes private primary or secondary educational facilities, community recreational facilities, day care facilities, and parking facilities. A property tax exemption is prima facie evidence of religious assembly use.

(39)

RESIDENTIAL TREATMENT use is 24 hour supervision, counseling, or treatment for more than 15 residents not needing regular medical attention. This use includes alcohol and chemical dependency rehabilitation facilities, facilities to which persons convicted of alcohol or drug-related offenses are ordered to remain under custodial supervision as a condition of probation or parole, and residential care facilities and halfway houses for the emotionally ill.

(40)

SAFETY SERVICES use is the use of a site for provision of public safety and emergency services, and includes police and fire protection services and emergency medical and ambulance services.

(41)

TELECOMMUNICATION TOWER use is the use of a site for provision of a structure built exclusively to support one or more antennae for receiving or transmitting electronic data or telephone communications.

(42)

TRANSITIONAL HOUSING use is the use of a site for the supervision or detention of more than 15 residents who are making the transition from institutional to community living. This use includes pre-parole detention facilities and halfway houses for juvenile delinquents and adult offenders, and overnight shelters for the homeless.

(43)

TRANSPORTATION TERMINAL use is the use of a site for the provision of a facility for the loading, unloading, or interchange of passengers, baggage, or incidental freight or package express between modes of transportation, and includes bus terminals, railroad stations, airport terminals, and public transit facilities.

(C)

This subsection applies to a provision of this code or other ordinance, resolution, or rule that was in effect before October 30, 2023.

(1)

Daycare services (commercial) use or daycare services (general) use has the same meaning as adult care services (general) use or child care services (general) use as defined in Subsection (B).

(2)

Daycare services (limited) use has the same meaning as adult care services (limited) use or child care services (limited) use as defined in Subsection (B).

Source: Section 13-2-5; Ord. 990225-70; Ord. 990902-57; Ord. 031211-11; Ord. No. 20160623-090, Pt. 1, 7-4-16; Ord. No. 20190207-050, Pt. 1, 2-18-19; Ord. No. 20231019-052, Pts. 1, 2, 10-30-23; Ord. No. 20231207-001, Pt. 3, 12-18-23.

(A)

Agricultural uses include the on-site production of plant and animal products by agricultural methods.

(B)

Agricultural use classifications are described as follows:

(1)

ANIMAL PRODUCTION use is the use of a site for the raising of animals or production of animal products including eggs and dairy products, on an agricultural or commercial basis. This use includes grazing, ranching, dairy farming, and poultry farming.

(2)

AQUAPONIC SYSTEM is the symbiotic cultivation of fish and plants in a recirculation system.

(3)

COMMUNITY GARDEN use is the use of a site for growing or harvesting food crops or ornamental crops on an agricultural basis, by a group of individuals for personal or group use, consumption or donation.

(4)

CROP PRODUCTION use is the use of a site for the raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.

(5)

HORTICULTURE use is the use of a site for the growing of horticultural or flora cultural specialties, including flowers, shrubs, and trees intended for ornamental or landscaping purposes, but excluding retail sales. This use includes wholesale plant nurseries and greenhouses.

(6)

SUPPORT HOUSING use is the use of a site for living accommodations by agricultural employees or their families.

(7)

URBAN FARM use is the use of a site that can consist of multiple contiguous parcels that is at least one acre in size cultivated primarily for the sustainable production of agricultural products to be sold for profit and may provide agricultural education activities. Agricultural education activities include volunteer programs, farm tours, youth programs and farming classes.

(8)

MARKET GARDEN use is the use of a site that is less than one acre in size cultivated primarily for the sustainable production of agricultural products to be sold for profit and may provide agricultural education activities. Agricultural education activities include volunteer programs, farm tours, youth programs and farming classes.

(9)

INDOOR CROP PRODUCTION use is the use of a site for the raising and harvesting indoors of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.

Source: Section 13-2-6; Ord. 990225-70; Ord. 000406-86; Ord. 031211-11; Ord. 20110210-018; Ord. 20131121-105, Pt. 1, 3-21-14.

(A)

The boundaries of all zoning districts are depicted on the zoning map. The zoning map is incorporated by reference into this section.

(B)

The city clerk shall maintain in the City's files the original zoning map and all zoning map amendments. The director of the Neighborhood Planning and Zoning Department and the building official shall retain a copy of the current zoning map.

(C)

The zoning map may be divided into sections or include a supplemental map.

Source: Section 13-2-22; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

If a site is divided by a zoning district boundary, the regulations of each zoning district apply to the portion of the site located in that zoning district.

(B)

The boundary of a zoning district shown on the zoning map is determined in accordance with this subsection.

(1)

If a zoning district boundary is shown as approximately following a street, alley, or property boundary, the zoning district boundary coincides with the street, alley, or property boundary.

(2)

If a zoning district boundary is shown to be within a street, alley, right-of-way, or creek, the center line of the street, alley, right-of-way, or creek is the zoning district boundary.

(3)

If a zoning district boundary divides a parcel, the location of the zoning district boundary shall be determined:

(a)

by the dimensions shown on the zoning map; or

(b)

if the dimensions are not shown, by use of the scale appearing on the zoning map.

(4)

If a public street, alley, or right-of-way is vacated or abandoned, the zoning regulations applicable to the abutting property apply out to the centerline of the vacated or abandoned street, alley, or right-of-way.

(5)

The director of the Neighborhood Planning and Zoning Department shall determine the location or meaning of a boundary or other feature on the zoning map.

Source: Section 13-2-23; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

(A)

The table in Subsection (C) provides the permitted and conditional uses for each base district. "P" means a use is a permitted use, "C" means a use is a conditional use, and "X" means a use is prohibited. Endnotes provide additional information.

(B)

The requirements of other provisions of this subchapter modify and supersede the requirements of this section, to the extent of conflict.

(C)

Table of permitted, conditional, and prohibited uses.

Source: Sections 13-2-220 and 13-2-221; Ord. 990225-70; Ord. 990520-38; Ord. 990715-114; Ord. 990902-57; Ord. 990930-100; Ord. 991104-46; Ord. 020627-Z34; Ord. 000302-36; Ord. 000309-39; Ord. 000406-86; Ord. 000511-108; Ord. 010426-48; Ord. 031211-11; Ord. 031211-41; Ord. 040617-Z-1; Ord. 041118-57; Ord. 20080131-135; Ord. 20090423-089; Ord. 20100819-064; Ord. 20110210-018; Ord. 20111110-107; Ord. 20120426-139; Ord. 20120802-122; Ord. 20121101-057; Ord. 20130411-061; 20130620-092; Ord. 20131017-081; Ord. 20130926-144; Ord. 20131121-105, Pt. 2, 3-21-14.