§ 1.2. APPLICABILITY.

1.2.1.   General Applicability.

The applicability of this Subchapter varies by section and is dependent on the type of principal street that the subject lot or site faces and on the type of development activity proposed. Table A summarizes the applicability of each section of this Subchapter. Only those sites and projects that meet both the principal street and development type thresholds in the table are subject to the particular standard. General exemptions from the requirements of this Subchapter are listed in Subsection 1.2.4., and additional exemptions from specific standards are listed in subsequent sections of this Subchapter.

TABLE A. GENERAL APPLICABILITY
Section	Standard	Applies if the Principal Street Is:	Applies to the Following:
ARTICLE 2: SITE DEVELOPMENT STANDARDS
2.2: Relationship of Buildings to Streets and Walkways	2.2.2. Core Transit Corridors: Sidewalks and Building Placement	Core Transit Corridor	- All zoning districts - Single-family residential uses are exempt, in addition to the general exemptions in Section 1.2.4.
	2.2.3. Urban Roadways: Sidewalks and Building Placement	Urban Roadway	All non-residential zoning districts
	2.2.4. Suburban Roadways: Sidewalks and Building Placement	Suburban Roadway	All non-residential zoning districts
		Development of a site five acres or larger with frontage on a Core Transit Corridor or Urban Roadway	- All zoning districts - See additional exemptions in Subsection C of this section
	2.2.5. Internal Circulation Routes: Sidewalks and Building Placement Requirements for Large Sites	Development of a site five acres or larger with frontage on a Suburban Roadway, Highway, or Hill Country Roadway	- All non-residential zoning districts - See additional exemptions in subsection C of this section
2.3: Connectivity	2.3.1. Improvements to Encourage Pedestrian, Bicycle, and Vehicular Connectivity	All roadway types	- Projects with a net site area of three acres or more in all non-residential zoning districts - Projects with a net site area of less than three acres that have parking between the building and the principal street in all zoning districts
2.4: Building Entryways	All standards	Core Transit Corridor	All zoning districts
		- Urban Roadway - Suburban Roadway - Internal Circulation Route - Highway - Hill Country Roadway	All non-residential zoning districts
2.5: Exterior Lighting	All standards	All roadway types	All zoning districts
2.6: Screening of Equipment and Utilities	All standards	All roadway types	- All non-residential zoning districts - The following uses are exempt, in addition to the general exemptions of Section 1.2.4.: local utilities services use, electric service transformers within the right-of-way, telecommunication tower
2.7: Private Common Open Space and Pedestrian Amenities	All standards	All roadway types	All site plans two acres in size or larger, and all multifamily and condominium uses except as provided in 25-2-776 and 25-2-780 of the LDC
2.8: Shade and Shelter	All standards	All roadway types	- Development of any non-residential land use except for congregate care facilities zoned MF for which the principal street is not a Core Transit Corridor - This section applies to any building frontage. Building facades facing loading areas, rear service areas, or facades adjoining other buildings (attached to more than 50 percent of the sidewall) are exempt.
ARTICLE 3: BUILDING DESIGN STANDARDS
3.2: Glazing and Facade Relief Requirements	All standards	All roadway types	- Development of any non-residential land use, except for congregate care facilities zoned MF for which the principal street is not a Core Transit Corridor - Religious Assembly use shall be exempt from glazing requirements.
3.3: Options to Improve Building Design	All standards	All roadway types	- Development of any commercial use of 10,000 square feet or more that requires a building permit - Development of any commercial use of less than 10,000 square feet that contains any exterior trademarked design features - Any building zoned for industrial use or warehouse use at the point its use is converted to commercial - VMU buildings with external trademarked design features (not including signs) - Office development is exempt from this section
ARTICLE 4: MIXED USE
4.3: Vertical Mixed Use Building	All standards	Core Transit Corridor, Future Core Transit Corridor	- Mixed Use Combining District - Vertical Mixed Use Overlay District - Properties that opt in to VMU pursuant to 4.3.5.C.3.
		Highway, Hill Country Roadway, Suburban Roadway, or Urban Roadway	- Mixed Use Combining District - Sites of three acres or more, subject to 4.3.2.B. - Properties that opt in to VMU pursuant to 4.3.5.C.3.

 

1.2.2.   Full Compliance.

Unless exempted in Section 1.2.3 ( Partial Compliance ) or Section 1.2.4 ( Exemptions ), the following activity is subject to full compliance with this Subchapter:

A.

New construction on previously undeveloped land; and

B.

New construction or site development where the Director determines that all buildings on the site have been or will be demolished.

1.2.3.   Partial Compliance.

For a project that is not subject to Sections 1.2.2 ( Full Compliance ) or 1.2.4 ( Exemptions ), the Director shall determine which standards of this Subchapter apply to the project or a portion of the project in accordance with the following requirements:

A.

A new building, or building addition as defined by the adopted Existing Building Code must comply with:

1.

Article 2 unless compliance cannot be achieved due to:

a.

The location of existing buildings or other improvements retained on the site;

b.

The size or nature of the proposed building limits placement on the site;

c.

Topography, protected trees, or critical environmental features; or

d.

The location of water quality or detention facilities.

e.

A waiver from the requirements of Article 2 shall be to the minimum extent required based on the criteria of this subsection; and

2.

Article 3.

B.

A remodeled building or facade must comply with:

1.

Section 2.5 ( Exterior Lighting ); and

2.

Article 3 where the remodeled building is considered a "Level 3" Alteration or Addition as defined by the adopted Existing Building Code such that the work area exceeds 50% of the aggregate area of the building and the principal street facade.

1.2.4.   Exemptions.

A.

General Exemptions. Except as otherwise provided in this Subchapter, the following types of development are exempt from the requirements of this Subchapter:

1.

Development that does not require a site plan under Chapter 25-5, except that Section 2.5 ( Exterior Lighting ) shall apply;

2.

Development in the following zoning districts:

a.

Agricultural (AG) district;

b.

Aviation (AV) district; and

c.

Traditional neighborhood (TN) district;

3.

Development built pursuant to the overlay district provisions of the University Neighborhood Overlay (UNO) district;

4.

Development of a public primary or secondary educational facility;

5.

Development built pursuant to the Robert Mueller Municipal Airport Redevelopment Plan;

6.

Development of an industrial use or unmanned communication services, construction sales and service, drop-off recycling collection facility, equipment repair or scrap and salvage services use that is not located on a Core Transit Corridor;

7.

Interior remodeling of a building.

8.

Development for which public access is prohibited due to health, safety and welfare reasons;

9.

Development of a warehouse if less than 25% of the gross floor area is used for a non-industrial use;

10.

Sidewalk, shared use and urban trail projects managed by the City of Austin and processed under the City's General Permit program which are undertaken for the purpose of bringing existing facilities into compliance with the Americans With Disabilities Act; and

11.

Development built pursuant to any of the following adopted regulating plans:

a.

Transit-Oriented District Station Area Plan;

b.

North Burnet/Gateway (NBG) District;

c.

East Riverside Corridor;

d.

Waller Creek District;

e.

Downtown Austin Plan; or

f.

Airport Boulevard Corridor Plan.

Source: Ord. No. 20160623-090, Pt. 5, 7-4-16 .

1.2.5.   Conflicting Provisions.

A.

If the provisions of this Subchapter are inconsistent with provisions found in other adopted codes, ordinances, or regulations of the City of Austin not listed in subsection B. below, this Subchapter shall control unless otherwise expressly provided.

B.

The following provisions supersede the requirements of this Subchapter to the extent of conflict:

1.

The following provisions of Chapter 25-2:

a.

Subchapter C, Article 3 ( Additional Requirements for Certain Districts );

b.

Subchapter C, Article 4 ( Additional Requirements for Certain Uses );

c.

Subchapter C, Article 10 ( Compatibility Standards );

d.

Provisions applicable to the Hill Country Roadways; and

2.

Regulations applicable to a:

a.

Barton Springs Zone overlay district;

b.

Conditional overlay (CO) combining district;

c.

Central urban redevelopment (CURE) combining district;

d.

Neighborhood conservation (NC) combining district;

e.

Neighborhood plan (NP) combining district;

f.

Planned development area (PDA) combining district;

g.

Planned unit development (PUD) district; or

h.

Waterfront overlay (WO) district.

1.2.6.   Accessibility.

Accessibility, integration and inclusion of people with disabilities are fundamental components of our vision for the future of the City of Austin. This Subchapter is not intended to supersede any applicable state or federal accessibility statutes and regulations. Administration and enforcement of this Subchapter shall comply with all such statutes and regulations.

All pedestrian routes constructed within the public right-of-way shall be constructed so as to provide legally accessible transitions to pedestrian routes on adjacent properties.

1.2.7.   State and Federal Facilities.

Compliance with the standards of this Subchapter at all state and federal facilities is encouraged.

Source: Ord. 20060831-068; Ord. 20071101-052; Ord. 20090312-035; Ord. 20090611-074; Ord. 20100408-049; Ord. 20130509-039; Ord. 20130606-088.