A.

Purpose. This district allows multiple family dwelling use of the land and is intended to comprise larger tracts of land designed to provide total residential amenities of open space, recreation space and areas of protected off-street parking. This district is intended to be located near high volume thoroughfares due to the traffic generating probability of multi-family higher-density dwelling units within this district.

B.

Use regulations. In the "MF" Multiple Family District, no building or land shall be used and no buildings shall be hereafter erected, reconstructed, altered, or enlarged, unless otherwise provided in this chapter, except for one or more of the following uses.

a.

Permitted uses.

1.

Multi-family residential up to 25 units per acre.

2.

Antennae and towers not exceeding the maximum height allowed in the district (see paragraph C.2 below), antennae attached to existing structures and not increasing the overall height of the existing structure by more than ten feet, and dish antennae not exceeding two meters in diameter. Except for satellite dish antennae, no antennae or support structure shall be located within the required front, side or rear yard setback. To protect traffic safety and community appearance, no satellite dish antennae or support structure shall be located within the required front [yard] or second front yard setback, unless the zoning board of adjustment finds that such an encroachment is necessary to prevent impairment of installation, maintenance or reception and that a traffic sight restriction is not created.

3.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the municipality or other public agency.

4.

Public buildings, including libraries, museums, police and fire stations.

5.

Single-family dwellings.

6.

Schools, public, elementary or high school.

7.

Schools, private, with curriculum equivalent to that of a public elementary or high school.

8.

Water supply reservoirs, plumbing plants, towers.

9.

Accessory structures and uses customarily incident to the above uses and located on the same lot therewith, not involving the conduct of any business or commercial enterprise.

10.

Family day care homes (12 children or less).

11.

Townhouse.

12.

Condominium up to 15 units per acre.

b.

Conditional uses.

1.

Multi-family residential exceeding 25 units per acre.

2.

Apartment hotel or bed and breakfast.

3.

Convalescent home.

4.

Private clubs, fraternities, sororities and lodges; excluding those whose chief activity is a service customarily carried on as a business.

5.

Kindergartens and day care nurseries.

6.

Detached accessory buildings including storage garages are subject to the same regulations as district "SF", except that the lot area per car limitations shall be waived and off-street parking shall be provided as set out in section 90-19. Private or storage garages may be constructed as a part of the main building.

7.

Office building.

8.

Utility facilities.

9.

Antennae and towers exceeding the maximum height in the district and dish antennae exceeding two meters in diameter, in order to protect community appearance from the negative visual effects of proliferation of large antennae. Conditional use permits shall be acted upon within 90 days of receipt of application. Persons aggrieved by a decision on a satellite dish antenna application may appeal to the Federal Communications Commission. Any new towers must also comply with the conditions of section 90-16 M.

10.

Churches.

c.

Special exception uses.

1.

Special exception uses authorized by the board of adjustment under the provisions of section 90-19.

C.

Height and area regulations. In the "MF" Multiple Family District, the height of the buildings, the minimum dimensions of lots and yards, the minimum lot area, and the minimum floor space per family shall be as follows:

1.

Floor space: In the "MF" Multiple Family District, each two-family dwelling shall contain a minimum of 750 square feet of livable floor space, exclusive of garage, porches, and breezeways, and incidental storage, for each family to be housed in said dwelling.

Every other building or portion thereof hereafter erected, reconstructed, altered or enlarged, shall contain an average of 700 square feet and a minimum of 550 square feet of total floor area, exclusive of garage, porches, breezeways, and exterior storage for each family to be housed in said building.

This minimum total floor area shall not apply to hotels, or apartment hotels where no provision is made for cooking in any individual room, suite, or apartment. It shall not apply to apartment complexes constructed and used exclusively for elderly retirees.

Additionally, in apartment complexes having 50 or more units, the computation of minimum and average square footage of total floor area may include pro rata of separate recreational rooms or buildings up to ten percent of the required square footage of livable area.

Total floor area required in apartments constructed and used exclusively for elderly citizens shall provide an average of 500 square feet. Dining room and recreational area are included in computing total floor space average.

2.

Height: No building hereafter erected, reconstructed, altered, or enlarged shall exceed three and one-half stories, nor shall it exceed 60 feet within 100 feet of a property line of "SF" zoned property. Any building in excess of 100 feet from these property lines shall not exceed three and one-half stories or 45 feet.

3.

Front yard: There shall be a front yard of not less than 25 feet, or the front yard indicated on a city-approved subdivision plat as filed in the Karnes County Plat Records, whichever is greater. Corner lots shall have a minimum side yard of 15 feet on the second front yard, the yard generally parallel to the street with the greatest frontage, unless reversed frontage is approved by the administrative official. If a building line shown on a city-approved subdivision plat as filed in the Karnes County Plat Records is greater than 15 feet, then the platted building line shall be required on the second front yard. Garage doors and gates meant for vehicle use shall be located no closer than 20 feet from the right-of-way.

4.

Rear yard: There shall be a rear yard having a depth of not less than 20 feet.

5.

Side yard: There shall be a side yard on each side of each main building of not less than ten feet on interior lots. When more than one main building is erected on a platted lot, the distance between buildings shall be not less than 20 feet. For buildings more than two and one-half stories in height, each side yard shall be increased one foot in width for each story above the second floor. No accessory building on a corner lot shall project beyond the front yard line of the lots in the rear, nor shall accessory buildings be erected closer than ten feet to the line of the abutting lot to the rear.

6.

Width of lot: The width of a lot shall be a minimum of 75 feet at the building line, provided that where a lot of record and in separate ownership at the time of the passage of this chapter has less width than herein required, this chapter shall not prohibit the erection of a one-family dwelling.

7.

Lot area: In the "MF" Multiple Family District the lot area for two family dwellings shall be no less than 8,400 square feet.

Every other building or portion thereof, hereafter erected, reconstructed, altered, or enlarged, shall provide a lot area of not less than 1,500 square feet per family.

This lot area requirement shall not apply to hotels, apartment hotels, or elderly retirement facilities, where no provision is made for cooking in any individual room, suite or apartment.

D.

Usable open space. All residential use shall provide and maintain a minimum of 200 square feet of usable open space for each dwelling unit. For the purpose of this chapter, usable open space is as follows.

Usable open space shall mean outdoor area, excluding parking and other service areas, which are utilized for livable and/or related amenity, such as outdoor living, associated recreation and/or landscaping, and which is open and unobstructed from its lowest level to the sky except for roof overhangs and architectural projections. All usable open space, unless hereinafter excepted, shall be accessible to, and usable by, all residents residing on the site. Private courtyards or balconies may constitute usable open space for the purpose of calculating up to 30 percent of the total required usable open space. Usable open space may include areas at the ground level and/or on roof, decks or balconies designed for common use; provided, that such areas meet other criteria as hereinafter set forth. The minimum dimension for usable open space at the ground level shall be ten feet and the minimum area shall be 100 square feet. The minimum dimensions for usable open space located on roofs or decks that are available for common use shall be 20 feet by 20 feet and the minimum area shall be 400 square feet. At least one-half of the required open space shall be at the ground level.

E.

Screening and landscaping. Each complex shall provide appropriate buffers and landscaping as determined by the planning and zoning commission.

F.

Site plan requirements.

a.

Any owner, builder, or developer of a multiple-family condominium or townhouse dwelling complex shall submit to the planning and zoning commission the site and building plan for the proposed development for review. The contents of this site plan shall contain drawings to scale to indicate as needed:

1.

Location of all existing and proposed structures on the subject property and within 20 feet on adjoining property;

2.

Landscaping and/or fencing of yards and setback areas and proposed changes;

3.

Design of ingress and egress;

4.

Off-street parking and loading facilities;

5.

Height of all structures;

6.

Proposed uses; and

7.

Location, types and heights of all signs and lighting.

8.

Scale drawing with north arrow, all dimensions, all easements, the legal description and zoning of the subject property and all adjacent property, the names, addresses and phone numbers of the property owner, the applicant and the person preparing the site plan.

9.

Total land area, total building area and building to land ratio, the total floor area per dwelling unit, drainage information, existing and/or proposed fire hydrants, and provisions for external illumination and trash collection.

b.

The purpose of the site plan review is:

1.

To insure compliance with the zoning ordinance, while allowing for design flexibility;

2.

To assist in the orderly and harmonious development of the city;

3.

To protect adjacent uses from obstructions to light, air, and visibility;

4.

To provide protection from fire;

5.

To avoid undue concentrations of population and overcrowding of land; and

6.

To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

c.

The planning and zoning commission shall, after conducting a public hearing, approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this chapter and other applicable ordinances, and if the commission finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. The commission shall disapprove or conditionally approve any application, which fails to meet the above criteria or is in conflict with the comprehensive plan or the adopted growth policies of the city.

G.

Townhouse/condominium. The following standards shall apply to the construction of townhouses and condominium.

a.

Area regulations.

1.

Front yard: A building setback of 25 feet shall be required for all structures.

2.

Rear yard: A building setback of 20 feet shall be required for all structures. A setback of 60 feet shall be required when the building is in excess of one story and adjacent to a single family district.

3.

Side yard: No side yards are required for interior lots except the minimum distance between two building groups shall be 20 feet and the minimum distance between a building group and any abutting subdivision boundary shall be 20 feet. Buildings on corner lots shall have 15-foot side building setbacks adjacent to the street, except where a rear lot line of corner lot coincides with a side lot line of an adjacent lot, then 25-foot minimum side yard adjacent to the street shall be required.

4.

Height: No building hereafter erected, reconstructed, altered or enlarged shall exceed 35 feet.

5.

Structure separation: Structures on the same parcel shall have the following setbacks and/or minimum distance between structures:

(a)

Minimum front yard shall be 25 feet.

(b)

Minimum side yard shall be ten feet between buildings without openings (windows); 15 feet between buildings with openings.

(c)

Minimum rear yard shall be 20 feet.

6.

Building group: There shall be no less than two nor more than eight individual dwelling units in each building or dwelling group. Each building group shall be at least 20 feet from any other building group measured from the nearest points of their structures.

b.

Intensity of use:

1.

The minimum lot area per townhouse shall be 2,500 square feet.

2.

The minimum lot width for each townhouse shall be 25 feet.

3.

A minimum of two off-street parking spaces shall be for each townhouse/condominium unit. All such parking spaces provided hereunder shall be so arranged so as to permit satisfactory egress and ingress of an automobile.

c.

Community owned or multiple ownership areas.

1.

Common open space, community centers, access gates, parking, elevators, entrance guard facilities, recreational buildings and facilities are permitted uses provided they are incidental to the above-described residential uses, are approved on the final site plan, and meet the following conditions:

(a)

A homeowners association (HOA) shall be established to maintain open spaces, recreational areas, and other commonly owned facilities. The developer shall be responsible for drafting the HOA documents pertaining to the HOA's responsibilities to maintain these areas.

2.

Prior to approval of a final site plan, a document establishing the HOA shall be presented to the city for review and approval by the city attorney for conformance with all requirements and other applicable ordinances.

(a)

The city attorney shall review and approve the HOA documents pertaining to maintenance of the HOA areas prior to their recording at the county.

(b)

The developer shall be responsible for reimbursement of the city attorney's fees for reviewing these documents.

d.

Other provisions within this section 90-9 not in conflict with paragraph G is applicable to townhouses and condominiums.

( Ord. No. 14-8 , § 1, 11-18-2014)