§ 25-2-651. BARTON SPRINGS ZONE (BSZ) OVERLAY DISTRICT REGULATIONS.

(A)

Except as provided in Subsection (B), this section applies in the Barton Springs Zone (BSZ) overlay district.

(B)

This section does not apply to a retail use on property:

(1)

subject to a settlement agreement adopted by council before December 6, 2003 that prescribes development regulations;

(2)

zoned as a planned unit development before December 6, 2003; or

(3)

subject to a site plan approved as a condition of zoning before December 6, 2003.

(C)

In this section, RETAIL USE means:

(1)

agricultural sales and services use;

(2)

art gallery use;

(3)

art workshop use;

(4)

automotive repair services use;

(5)

automotive sales use;

(6)

construction sales and services use;

(7)

equipment sales use;

(8)

food sales use;

(9)

general retail services (convenience) use;

(10)

general retail sales (general) use;

(11)

liquor sales use;

(12)

monument retail sales use;

(13)

pawn shop services use;

(14)

pet services use;

(15)

plant nursery use;

(16)

recreational equipment sales use;

(17)

restaurant (drive-in, fast food) use;

(18)

restaurant (general) use;

(19)

restaurant (limited) use;

(20)

service station use;

(21)

special use historic use; or

(22)

veterinary services use.

(D)

Except as provided in Subsections (E) and (F), a principal retail use and its accessory uses may not exceed 50,000 square feet of gross floor area.

(E)

Except as provided in Subsection (F), a principal food sales use and its accessory uses may not exceed 100,000 square feet of gross floor area.

(F)

A principal retail use that exceeded the limitations of Subsection (D) or (E) on December 16, 2003 may be changed to another retail use if the existing impervious cover and gross floor area are not increased.

(G)

Subsections (C)(2) and (3) of Section 25-2-947 ( Nonconforming Use Regulation Groups ) do not apply to a use that exceeds the limitations in Subsections (D) or (E) on the effective date of the ordinance.

Source: Ord. 031204-57; Ord. 031211-11; Ord. 040617-Z-1.