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WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 25 (LAND DEVELOPMENT CODE) OF THE CITY CODE RELATING TO REGULATIONS THAT APPLY TO PROPERTY WITH ONE DWELLING UNIT AND FLAG LOTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Section 25-1-21 (Definitions) of City Code is amended to amend Subdivision (103) to read: (103) SIDE LOT LINE means a lot line intersecting the front lot line and extending a minimum distance of 25 [75] feet. PART 2. Section 25-1-22 (Measurements) of City Code is amended to amend Subsection (A) to read: § 25-1-22 MEASUREMENTS. (A) For MF-1 and less restrictive, lot [Lot] area is the net horizontal area within the lot lines, excluding the portion of the lot that: (1) [that] provides street access, if the lot is a flag lot; or (2) [that] is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Lake Austin. (B) For SF-6 and more restrictive, lot area is the net horizontal area within the lot lines and: (1) (2) includes the portion of the lot that provides street access, if the lot is a flag lot, and excludes the portion of the lot that is located below 492.8 feet of elevation above sea level, if the lot is adjacent to Lake Austin. (C) Lot depth is the horizontal distance between the mid-point of the front lot line and the midpoint of the rear lot line. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 1 of 11 COA Law Department 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (D[C]) Except as otherwise provided in this title, lot width is measured at the front setback line and at a distance of 20 [50] feet to the rear of the front setback line. (E[D]) In determining required yards and setbacks for an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is: (1) a line ten feet long; (2) parallel to the front lot line; and (3) at the most distant location from the front lot line. (F[E]) A distance from a structure to a line or location is measured from the exterior face of the nearest wall or vertical support of the structure to the line or location. For a structure that does not have a wall or vertical support, the building official shall determine the point of measurement. PART 2. Subsection (B) of City Code Section 25-2-3 (Residential Uses Described) is amended to amend the definition of “Small Lot Single-Family Residential Use” to read: § 25-2-3 RESIDENTIAL USES DESCRIBED. (B) Residential use classifications are described as follows: (13) SMALL LOT SINGLE-FAMILY RESIDENTIAL use is the use of a small lot for only one [detached] dwelling unit, other than a mobile home. PART 3. The table in City Code Section 25-2-491 (Permitted, Conditional, and Prohibited Uses) is amended to add “Small Lot Single-Family Residential” as a permitted use in SF-1, SF-2, and SF-3 base zoning districts. PART 4. City Code Section 25-2-779 (Small Lot Single-Family Residential Use) of is repealed and replaced to read: § 25-2-779 SMALL LOT SINGLE-FAMILY RESIDENTIAL USE. (A) This section applies to a small lot single-family residential use. (B) This section supersedes the base zoning district regulations to the extent of conflict. (C) Only one dwelling unit is permitted on a lot. 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 2 of 11 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (D) This subsection applies to small lot residential use on a property zoned single- family residence small lot (SF-4A) district or less restrictive. (1) The minimum lot size is: (a) 3,600 square feet; or (b) for a corner lot, 4,500 square feet. (2) A lot that fronts on a cul-de-sac must have: (a) a chord width of not less than 33 feet at the front lot line; (b) a width of not less than 40 feet at the front yard setback line; and (c) a width of not less than 40 feet at all points 50 feet or more behind the front lot line. (3) The maximum height for a structure is 35 feet. (4) The minimum front yard setback is 15 feet. (5) The minimum street side yard setback is 10 feet. (6) The minimum interior side yard setback is three and one-half feet, except: (a) (b) an interior side yard setback is not required if the interior side yard is adjacent to property zoned SF-4A; and the combined width of the interior side yards of a lot may not be less than seven feet. (7) The minimum rear yard setback is five feet, excluding easements. (8) The minimum setback between a rear access easement and a building or fence is 10 feet. (9) The maximum building coverage is 55 percent. (10) The maximum impervious cover is 65 percent. 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 3 of 11 COA Law Department 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (11) A small lot single-family use must comply with the requirements of Section 25-4-232 (Small Lot Subdivisions). (E) Subsections (F) – (L) apply to small lot residential use on property zoned single- family residence small lot (SF-3) district or more restrictive. (F) Lot Standards. (1) A lot must be at least 2,000 square feet but less than 5,750 square feet. (2) Except for a flag lot, a lot must be at least 20 feet wide. (3) A flag lot must comply with Section 25-4-175 (Flag Lots). (4) Except as provided in Subdivision (5), the following setbacks apply. (a) The minimum side-street setback: (i) on a Level 1 street is the greater of five feet from the property line or 10 feet from curb, or in the absence of curbs, from the edge of the pavement; or (ii) on a Level 2, Level 3, or Level 4 street is 10 feet from the property (ii) zero feet for portion of the lot that provides street access. line. (b) The minimum side setback is: (i) five feet; or (c) The minimum front setback is: (i) 15 feet; or (ii) five feet if the lot is a flag lot. (d) The minimum rear setback is five feet. (5) Except for a side-street setback, when an attached dwelling unit abuts a property line, the minimum setback for that property line is zero. 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 4 of 11 COA Law Department 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (G) Building cover limits do not apply to a property zoned family residence (SF-3) district or more restrictive. (H) Impervious Cover. (1) The maximum impervious cover is 45 percent. (2) Except for a flag lot, the maximum front yard impervious cover is 50 percent. (I) Except as provided in Subsection (J), Subchapter F does not apply to a property zoned family residence (SF-3) district or more restrictive. (J) Gross Floor Area. (1) This subsection applies to a property located within the area described in Subsection 1.2.1 of Chapter 25- 1, Subchapter F (Residential Design and Compatibility Standards). (2) GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls, except as provided in this subsection. (3) The maximum floor-to-area ratio for the lot is the greater of 0.55 or 1,450 square feet. (4) The maximum unit size is 2,300 square feet. (K) Design standards. (1) This subsection does not apply if the property is a flag lot. (2) The minimum number of street-facing entrances is one. (3) Garage Placement (a) In this subsection, (i) BUILDING FACADE means the front-facing exterior wall or walls of the first floor of the residential structure closest to the primary street, and the term excludes the building facade of the portion of that structure designed or used as a parking structure. 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 5 of 11 COA Law Department 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 Projections from front-facing exterior walls, including but not limited to eaves, chimneys, porches, stoops, box or bay windows, and other similar features as determined by the building official, are not considered part of the building facade. (ii) PARKING STRUCTURE means an attached or detached garage or carport. (b) A parking structure may not be closer to the front lot line than the front- most exterior wall of the first floor of the building façade. (c) If a parking structure with an entrance that faces a front-yard abutting public right-of-way is less than 5 feet behind the building façade, the width of the parking structure may not exceed the width of the building façade as measured parallel to the front lot line. (L) Access Requirements for Driveways. (1) (2) For lot widths less than 30 feet, the site may only take vehicular access off of an improved alley, from a side street, or through a joint-use driveway with adjoining lots. For lot widths of 30 feet or greater, the site may take vehicular access off of an improved alley, through a joint-use driveway with adjoining lots, or by individual driveway. PART 5. Section 25-2-981 (Applicability; Exceptions) of City Code is amended to amend Subsection (B) to read: § 25-2-981 APPLICABILITY; EXCEPTIONS. (A) Except as provided in Subsection (B), this article applies in the city's zoning jurisdiction. (B) Division 2 (Requirements for a Site Plan) and Division 3 (Additional Site Plan Requirements in Hill Country Roadway Corridors) do not apply to: (1) property zoned central business district or downtown mixed use district; (2) a lot containing one single-family residence; 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 6 of 11 COA Law Department 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (3) a lot containing one duplex residence, unless the residence exceeds 4,000 square feet of gross floor area or has more than six bedrooms; (4) a two-unit [family] residential use; (5) a secondary apartment special use; (6) (7) a small lot single-family residential use on property zoned SF-1, SF-2, or SF-3; substantial restoration of a building within one year after the building is damaged; (8) restoration of a building designated as a historic landmark; or (9) interior or facade remodeling, if the front and side exterior walls of the building remain in the same location. (C) Developed property, or property with an approved site plan, that is affected by right-of-way condemnation may be developed without compliance with this article, as provided by this subsection. (1) After condemnation, improvements shown on the remainder of an approved site plan may be constructed, and only the landscaping on the remainder of the approved site plan is required. (2) Improvements on developed properties that are lost through condemnation may be replaced. Only the area within the limits of construction for the replaced improvements must comply with this article, except an owner is not required to provide more landscaping than was in existence before the condemnation. PART 6. Section 25-2-1406 (Ordinance Requirements) of City Code is amended to read: § 25-2-1406 ORDINANCE REQUIREMENTS. An ordinance zoning or rezoning property as a NP combining district: (1) must prescribe the special uses described in Section 25-2-1403 (Special Uses) that are permitted in the district; 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 7 of 11 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 must describe the location of each residential infill special use, neighborhood urban center special use, or neighborhood mixed use building special use, if any; (2) (3) (4) (5) (6) (7) (8) (9) 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 may restrict the time of day during which a business in a neighborhood mixed use building special use may be open to the public; may restrict a corner store special use, cottage special use, secondary apartment special use, or urban home special use, if any, to a designated portion of the district; for a single-family residential use on an existing legal lot platted on or before (insert effective date of this ordinance) or a secondary apartment special use on an existing legal lot: (a) may reduce the required minimum lot area to 2,500 square feet; (b) may reduce the required minimum lot width to 25 feet; [and] (c) (d) for a lot with an area of 4,000 square feet or less, may increase the maximum impervious coverage to 65 percent; [and] a lot that is aggregated with other property to form a site may not be disaggregated to satisfy this subsection; and[.] may apply the requirements of Section 25-2-1602 (Front Porch Setback), Section 25-2-1603 (Impervious Cover and Parking Placement Requirements), or Section 25-2-1604 (Garage Placement) to the district or a designated portion of the district; may restrict front yard parking by including all or a portion of the district in the restricted parking area map described in Section 12-5-29 (Front or Side Yard Parking); [and] may apply the requirements of Section 25-2-812(N) (Mobile Food Establishments) to the district or a designated portion of the district;[.] may modify the following requirements of Subchapter F (Residential Design And Compatibility Standards) for the district or a designated portion of the district: 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 8 of 11 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (a) the maximum floor-to-area ratio and maximum square footage of gross floor area prescribed by Subchapter F (Residential Design And Compatibility Standards); (b) the maximum linear feet of gables or dormers protruding from the setback plane; (c) the height of the side and rear setback planes; and (d) the minimum front yard setback requirement; and[.] (10) may apply the requirements of Section 25-2-1407 (Affordable Housing) to the district or a designated portion of the district. PART 7. Section 25-4-177 (Flag Lots) of City Code is repealed and replaced to read: § 25-4-177 FLAG LOTS. (A) In this section, SINGLE-FAMILY RESIDENTIAL means: (1) single-family attached residential use; (2) single-family residential use; and (3) small lot single-family residential use. (B) A flag lot may only be approved in accordance with the requirements of this subsection. (1) Except as provided in Subdivision (2), flag lot designs are permitted if the director determines that the subdivision conforms to the fire code, utility design criteria, plumbing code and requirements for access. (2) In single-family, duplex, two-unit, or three-unit residential subdivisions on previously unplatted land, (a) flag lot designs may be used where no more than two dwelling units utilize a shared driveway; and 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 9 of 11 COA Law Department 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (b) residential flag lot designs with more than two units sharing a driveway may be utilized if the lots conform to the fire code, utility design criteria, plumbing code, and requirements for access. (B) Minimum Width of a Flag Lot. (1) Except as provided in Subdivision (2), the minimum width of a flag lot is: (i) two or more contiguous lots share a common driveway and sufficient area is available outside the drive on each lot for utility installation; (ii) the applicant can demonstrate access through an alternative route; or (iii) a driveway is not proposed. (2) The minimum width of a flag lot with up to three dwelling units is: (a) 20 feet; or (b) 15 feet if: (1) 15 feet; or (2) 10 feet if: (a) two or more contiguous lots share a common driveway and sufficient area is available outside the drive on each lot for utility installation; or (b) the applicant can demonstrate access through an alternative route; or (c) a driveway is not proposed. (C) For residential subdivisions utilizing a flag lot design, all driveways within the subdivision must be located and designed in a manner that: (1) provides adequate space for required utilities; 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 10 of 11 COA Law Department WORKING DRAFT – SUBJECT TO CHANGE JOINT PUBLIC HEARING – VERSION 1 MARCH 29, 2024 (2) complies with the Utilities Criteria Manual; (3) complies with the Drainage Criteria Manual; (4) complies with the Fire Code; (5) complies with the Plumbing Code; and (6) complies with applicable tree preservation requirements detailed in the Environmental Criteria Manual. (D) All addresses for residential lots utilizing a flag lot design must be displayed at their closest point of access to a public street for emergency responders. PART 8. Section 25-4-232 (Small Lot Subdivisions) of City Code is amended to amend Subsection (A) to read: § 25-4-232 SMALL LOT SUBDIVISIONS. (A) This section applies to a subdivision with small lots and zoned SF-4A or less restrictive. PART 9. This ordinance takes effect on _______________, 2024. PASSED AND APPROVED , 2024 § § § _______________________________ Kirk Watson Mayor APPROVED: _____________________ ATTEST: _______________________ Anne L. Morgan City Attorney Myrna Rios City Clerk 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 3/29/2024 11:47 AM HOME 2: 1 Unit Regulations & Flag Lots Page 11 of 11 COA Law Department