§ 25-2-780. MULTIFAMILY RESIDENTIAL USE.

(A)

A multifamily use with 10 or more dwelling units in a building constructed after the effective date of this ordinance must comply with the open space requirements of Chapter 25-2, Subchapter E, Section 2.7 ( Private Common Open Space and Pedestrian Amenities ) except as provided by this subsection.

(1)

Compliance with the open space requirements in Chapter 25-2, Subchapter E, Section 2.7 ( Private Common Open Space and Pedestrian Amenities ) is not required if the development is:

(a)

located in:

(i)

the University Neighborhood Overlay and the applicant elects to comply with Subchapter C, Article 3, Division 9 ( University Neighborhood Overlay District ) of this chapter; or

(ii)

the central business district (CBD); or

(iii)

the downtown mixed use (DMU) district; or

(b)

certified under a local, state, or federal affordable housing program and located within ¼ mile safe pedestrian travel distance of an existing and developed public park or multi-use trail, measured from the boundary of the site to the nearest public entrance of the park or multi-use trail.

(2)

In evaluating safe pedestrian travel distances under Paragraph (1)(b), consideration shall be given to factors affecting the suitability of the area for pedestrian travel, including physical or topographic barriers, traffic volumes, pedestrian crosswalks, and accessible routes compliant with the Americans with Disabilities Act.

(B)

A multifamily use with less than 10 dwelling units must provide private personal open space in accordance with the requirements of this subsection.

(1)

The open space must be a minimum of five percent of the gross site area of the property.

(2)

An area of private personal open space at ground level must contain at least 100 square feet and may not be less than 10 feet across in each direction.

(3)

An area of private personal open space above ground level must contain at least 50 square feet and may not be less than five feet across in each direction.

(4)

The requirements of this subsection do not apply to a multifamily use located within a development that meets the requirements in Subsection (A)(1) of this section.

(C)

This subsection applies to a multifamily use that is located in a transit-oriented development district or on a core transit corridor or future core transit corridor and that complies with the requirements in Subsection (C)(3).

(1)

The following site area and parking requirements apply to a dwelling unit that contains 500 square feet or less.

(a)

the minimum site area requirement is zero;

(b)

the minimum off-street parking requirement is .25; and

(c)

parking is to be leased separately.

(2)

For a three bedroom unit the minimum site area requirement is zero.

(3)

The site area and parking requirements in Subsection (C)(1) and the site area requirements in Subsection (C)(2) apply if the use meets the affordability requirements of this subsection.

(a)

For owner-occupied units, ten percent of the units 500 square feet or less, or three bedroom units, shall be reserved as affordable for ownership and occupancy by households earning no more than 80 percent of the current Annual Median Family Income for the City of Austin Metropolitan Statistical Area, for not less than 99 years from the date the first certificate of occupancy is issued for ownership and occupancy.

(b)

For rental units, ten percent of the units 500 square feet or less, or three bedroom units, shall be reserved as affordable for occupancy by households earning no more than 50 percent of the current Annual Median Family Income for the City of Austin Metropolitan Statistical Area, for not less than 40 years from the date the first certificate of occupancy is issued.

(4)

Notwithstanding the requirements stated in Subsection (C)(3), at least one unit must be reserved as affordable.

Source: Ord. 20111215-096; Ord. 20111215-096; Ord. No. 20141211-228, Pt. 1, 12-22-14 .