§ 25-2-754. USE REGULATIONS.

(A)

In a nonresidential zoning base district, residential uses are permitted.

(B)

In any base zoning district, a hotel-motel use, a multifamily use, or a group residential use is permitted.

(C)

This subsection applies to a multifamily residential use.

(1)

Each building must achieve at least a one star rating under the Austin Green Building program.

(2)

All ground floor dwelling units must be:

(a)

adaptable for use by a person with a disability; and

(b)

accessible by a person with a disability from the on-site parking and common facility, if any.

(3)

At least 10 percent of the dwelling units must be accessible for a person with a mobility impairment.

(4)

At least two percent of the dwelling units must be accessible for a person with a hearing or visual disability.

(5)

Each multistory building must be served by an elevator, unless:

(a)

at least 25 percent of the site's dwelling units are located on the ground floor; or

(b)

for a site with fewer than 20 dwelling units, at least five percent of the site's dwelling units are located on the ground floor.

(6)

A parking space must be leased separately from a dwelling unit.

(D)

Local uses are permitted in any base district, subject to the limitations of this subsection.

(1)

In the outer west campus subdistrict, local uses are not permitted in a residential base district unless the property:

(a)

has a permitted building height of 75 feet or greater; or

(b)

is zoned historic and has a permitted building height of 65 feet or greater.

(2)

Except as provided in Paragraph (3), up to 20 percent of the gross floor area of a site may be used for local uses. At least one-half of the gross floor area of the local uses must be located at street level and accessible from a pedestrian path. In determining these percentages, a nonresidential use that is accessory to the principal residential use or located in a historic landmark is excluded from the gross floor area of the local uses.

(3)

Up to 100 percent of the gross floor area of a structure may be used for local uses if the structure:

(a)

is a historic landmark and is located entirely in a subdistrict having a permitted building height of 65 feet or greater;

(b)

was constructed before September 13, 2004, contains less than 10,000 square feet of gross floor area, is less than 65 feet in height, and is located in the inner west campus or Guadalupe subdistricts; or

(c)

is less than 65 feet in height and located on:

(i)

Guadalupe Street between Martin Luther King, Jr. Blvd. and 29th Street;

(ii)

Martin Luther King, Jr. Blvd. between Guadalupe Street and Rio Grande Street; or

(iii)

24th Street between Guadalupe Street and Rio Grande Street.

(E)

This subsection applies to commercial off-street parking.

(1)

Commercial off-street parking on a surface lot is prohibited.

(2)

Commercial off-street parking in a structure is:

(a)

permitted in any base zoning district in the Guadalupe, Dobie, or inner west campus subdistrict; and

(b)

prohibited in the outer west campus subdistrict.

(3)

The street level portion of a commercial off-street parking structure that is accessible from a pedestrian path must contain local uses for a depth of at least 18 feet. This requirement does not apply to a portion of the structure used for an entrance or exit.

(F)

A cocktail lounge is a conditional use if it is accessory to a hotel-motel use with at least 50 rooms.

(G)

On-site surface parking is prohibited, unless the director determines that:

(1)

the only building on the site has 6,000 or fewer square feet of gross floor area, and the building was constructed before September 13, 2004; and

(2)

the parking area is screened from the street by an six foot tall solid wall.

(H)

This subsection prescribes requirements for the ground floor of a building, including a parking garage.

(1)

The ground floor must include occupant space along not less than 75 percent of the net length of street frontage. Net length of street frontage is calculated by determining the cumulative length of the building at ground level adjacent to each street other than an alley, and then deducting the cumulative length of driveways, exit stairs, elevators, and utility equipment space.

(2)

For a site with frontage on more than one street, driveways, exit stairs and elevators must be located on a street that runs north and south, unless the director of the Neighborhood Planning and Zoning Department determines that those features cannot reasonably be located along that street because of topographical conditions.

(3)

The ground floor of a building may not be more than five feet higher or lower than an adjacent public street sidewalk. This does not apply to the ground floor adjacent to an alley.

(4)

The minimum distance between the finished ground floor of the building and the structural portion of the ceiling is 10 feet.

(5)

The minimum depth of occupant space is 18 feet, measured from the outside face of the front exterior wall to the outside face of the rear interior wall.

(I)

Off-site temporary construction staging is allowed within 500 feet of the construction site. The director may allow a staging area to be located more than 500 feet from the construction site if the director determines that a closer staging area is not reasonably available and that the location does not adversely affect public health or safety.

(J)

A hotel/motel use is treated as a local use under this division if it meets the following requirements:

(1)

The hotel-motel use must be located on property that:

(a)

has frontage on Martin Luther King, Jr. Blvd. and is located between Pearl Street and Guadalupe Street; or

(b)

has frontage on Guadalupe Street and is located between 22nd Street and Martin Luther King, Jr. Blvd.

(2)

The maximum height must be no greater than 85 feet, unless a greater height is allowed under Appendix C ( University Neighborhood Overlay District Boundaries, Subdistrict Boundaries, and Height Limits ) of this chapter.

(3)

If a new hotel-motel use includes, shares, or incorporates adjacent existing property, then both the new hotel-motel use and the adjacent property must be:

(a)

included in a single site plan; and

(b)

compliant with the streetscape requirements in Section 25-2-760 ( Streetscape Improvements ).

(4)

The hotel-motel use must comply with the affordability requirements for multi-family housing under Section 25-2-765 ( Affordable Housing ), with each square foot of net rentable floor area counted towards the fee provided for under Subsection (B) of that section.

(K)

A hotel/motel use may associated condominium residential, multifamily residential, retirement housing (small site), or retirement housing (large site) uses.

Source: Ord. 040902-58; Ord. 20050519-Z001; Ord. 20080925-039; Ord. 20121108-090 .