Zoning Information

• What is zoning and where does it apply?
• Board and Commission links
• Zoning Petition
• Adult-Oriented Businesses
• Alcohol/ Food Sales
• Certificate of Appropriateness
• Frequently Asked Questions
• Fees New
• Historic Review Criteria
• Historic Zoning
• National Register Districts
• Notification
• Parking Requirements Download
• Processing Time
• Signs in Historic Districts
• Zoning Use Districts
  • Zoning Districts: Categories & Development Standards
  • Zoning Site Development Standards
  • Zoning Use Districts Tables
  • Transit-Oriented Development (TOD) Zoning Regulations
  • North Burnet/Gateway (NBG) Zoning regulations
• Zoning Research
• Compatibility Height Setbacks
  

What is zoning and where does it apply?

Zoning districts are established to promote compatible patterns of land use within the city limits. Zoning districts also establish site development regulations and performance standards appropriate to the purposes and the uses allowed in each district. Distinct zoning districts exist for residential, office, retail and industrial uses. Furthermore, specific use restrictions, site development regulations or performance standards may apply to zoning districts combined with special overlay or combining districts.

As part of the zoning process, appropriate land uses for an area are identified based on such factors as the intensity, density, height of a proposed project, surrounding land uses, traffic impacts and access to a site, environmental concerns and overall compatibility.

Zoning changes may be required for a change of land use or alteration of a building or site within the city limits. To determine whether a zoning change is required please contact the Development Assessment Center.

Zoning Districts

The City of Austin has 16 residential zoning districts and 13 commercial zoning districts, 4 industrial, and 5 special purpose base districts. In addition up to 13 combining districts may also relate to a particular zoning cases; these combining districts act as overlays to provide site or use specific conditions for an identified area or project. The zoning section also reviews demolition/relocation permits for historic buildings and districts for consideration by the Historic Landmark Commission, sign permits and alcoholic and beverage permits.

• Cases involving historic structures or national register districts have specific requirements in addition to the zoning process.
  

Zoning Districts: Categories and Development Standards

Combining Districts-The following are special districts that when combined with a base zoning district, may alter permitted site development characteristics and uses permitted on a site. Combining and overlay districts are designed to achieve special goals such as downtown design, economic redevelopment, and parkland protection.

Conditional Overlay-Modifies and restricts the use and site development regulations authorized in the base districts. All requirements are in addition to and supplement land development code requirements. Examples include prohibiting permitted uses authorized in a base district, increasing minimum lot sizes, decreasing FAR etc.

Neighborhood Conservation Combining District-Preserves and protects older neighborhoods by allowing modifications to applicable development regulations in accordance with a neighborhood plan, which for NCCDs is intended to protect neighborhoods that were substantially built out over 30 years ago.

Capitol View Corridor Combining District-Are applied in combination with the various base districts to limit the height of structures within selected corridors which represent the remaining significant, publicly accessible views of the State Capitol Building of Texas, so that those views may be preserved and protected.

Planned Development Area Combining District-Is intended for combination with selected commercial and industrial base districts, in order to modify base district provisions as necessary to allow for appropriate industrial and commercial uses or to reflect the terms of the PDA agreement following annexation of properties subject to the agreement.

Waterfront Overlay Combining District-Reflects the goals and policies set forth in the Town Lake Corridor Study adopted by the City Council on October 24, 1985. The District is designed and intended to provide a more harmonious interaction and transition between urban development and the park land and shoreline of Town Lake and the Colorado River. There are 15 different subdistricts within the Waterfront.

Mixed Use Combining District-Is intended to combine with selected base districts, to permit any combination of office, retail, commercial, and residential uses within a single development. The MU combining district is intended for use in combination with the NO base district only when its use will further the purposes and intent of the NO base district. Other acceptable districts are Limited Office (LO), General Office (GO), Limited Retail (LR), Community Commercial (GR), General Commercial Services (CS), Commercial Liquor Sales (CS-1).

CURE-Is a zoning district for the downtown area and several commercial corridors east of IH 35. The purpose of this recently added zoning district is to provide flexibility and incentives for development within the designated boundaries, including changes to site development standards and waivers from development fees with one application.

Downtown Overlay Combining District-Are intended for combination with the CBD and DMU base districts in order to protect and enhance identified unique features of downtown Austin and peripheral areas.

Capitol Dominance Combining District-Is intended for combination with selected base districts in order to protect the visual and symbolic significance of the State Capitol by keeping buildings in close proximity of the Capitol from dominating the structure. This district includes all land within a one-fourth mile radius of the State Capitol dome.

Congress Avenue Combining District-Is intended for combination with the CBD and DMU base districts in order to protect the historic character and symbolic significance of Congress Avenue and to enhance the pedestrian environment along this unique downtown corridor.

Sixth/Pecan Street Combining District-Is intended for combination with the CBD and DMU base districts in order to protect the historic character of East Sixth/Pecan Street and to enhance the pedestrian orientation of this unique urban area.

Downtown Parks Combining District-Is intended for combination with the CBD and DMU base districts, in order to enhance the pedestrian use and vitality of downtown parks and to establish a unique urban design identity associated with these public open spaces. The DP combining district includes all land within 60 feet of the public right-of-way surrounding Brush Square.

Downtown Creeks Combining District-Is intended for combination with the CBD and DMU base districts in order to promote public accessibility and pedestrian use along downtown creeks, and to protect and enhance the scenic character of these creek corridors.

Convention Center Combining District-Is intended to protect and enhance the health, safety, and welfare of the public, to promote pedestrian activity and vitality in the Convention Center area, and to protect the existing character of the area.

Historic Zoning

Historic zoning enables the City Council to designate a building, structure, site, district, area, or land of architectural, historical or cultural importance. This process can provide tax incentives while encouraging or requiring certain safeguards and review procedures for any proposed exterior changes.

Applications for historic zoning are reviewed by the Historic Landmark Commission approximately five weeks after the deadline at their regular monthly meeting, which occurs the 4th Monday of each month. These cases are heard by the Planning Commission approximately two weeks after the Historic Landmark Commission hearing on the second Tuesday of the month, and by the City Council approximately six weeks later on the 4th Tuesday of the month.

What criteria is considered by the Council for historic review?

New Landmark Criteria

For additional information contact the historic zoning section of Neighborhood Planning and Zoning Department.

Certificate of Appropriateness

No person shall construct, reconstruct, alter, change, restore, remove, or demolish any exterior architectural feature of a designated historic landmark unless a certificate of appropriateness is issued by the Landmark Commission. The Landmark commission may approve or disapprove requests for certificates of appropriateness. The need for this approval is usually triggered by proposed alterations to the exterior of historically zoned structures. Detailed information is recommended to facilitate the ability of the Landmark Commission to review an application.

For changes or additions requiring a building permit, plans should be submitted to the Watershed Protection and Development Review Department and the Historic Preservation Office three weeks prior to the Landmark Commission hearing. The Watershed Protection and Development Review Department will review your plans for compliance with zoning ordinances. The Historic Preservation Office will review your plans for compatibility with the historic character of the landmark.

The Landmark Commission meets on the fourth Monday of every month, All information required for the consideration of certificates of appropriateness must be submitted to Neighborhood Planning and Zoning Department at 505 Barton Springs Road, PO box 1088, 78767. For further information please call 974-3530.

National Register Districts

All alterations, new construction, demolition, awning installations, etc. in a National Register District requiring a permit should be reviewed by the Landmark Commission.The Watershed Protection and Development Review Department will review your plans for compliance with zoning ordinances. The Historic Preservation Office will review your plans for compatibility with the historic district. These plans should be submitted to the Department of Watershed Protection and Development Review Department and the Neighborhood Planning and Zoning Department three weeks prior to the Landmark Commission meeting.

Signs within a National Register District

All signs within a National Register District require Historic Landmark Commission approval. These include new, relettered, and/or changes to existing signs.

It is recommended that the sign's size and proportions be related to window size and the detailing of the building. All sign ordinance requirements relating to permitted type, size, maximum height, minimum setback and the number of allowable signs must also be met.

The commission by ordinance shall not approve the following types of signs rotating, off premise, roof signs, portable signs or signs which flash or blink at intervals.

Sign District Guidelines

Number

The commission would prefer that signs be limited to one per building, unless the building is at an intersection, then one sign per street frontage may be allowed. Owners and tenants of multi use buildings are encouraged to use directory signs.

Lettering

Light colored letters on dark background are preferred. No more than two typefaces are allowed.

Lighting

In an effort to maintain the historic character of National Register Districts, the commission strongly urges that no back lighted signs be requested. Shielded incandescent lights attached to the top of a sign are encouraged. Other types of lighting which the commission will consider are low level fluorescent, spot and neon lighting.

Neon

Although the commission generally disapproves neon signs for buildings on late 19th and early 20th century buildings, neon signs for buildings after 1920 may be considered.

Frequently Asked Questions?

What are the requirements to be considered a home occupation?

Home occupations accessory to residential uses are subject to the following limitations:

1. The home occupation must be conducted entirely within a dwelling unit which is the bona fide residence of the practitioners, or entirely within only one accessory garage building (not to include a carport).
2. No person other than a family member who resides in the dwelling unit should participate in the home occupation on the premises.
3. The residential character of the lot and the dwelling unit must be maintained. Neither the interior nor the exterior of the dwelling should be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation.
4. The home occupation should not generate customer related vehicular traffic in excess of three vehicles per 24 hour day in the residential neighborhood.
5. No direct selling of merchandise is allowed to occur on the premises.
6. No equipment or materials associated with the home occupation can be displayed or stored where visible from anywhere off in the premises.
7. The occupation must not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling unit or in the property surrounding the dwelling unit.
8. No vehicle used in connection with the home occupation is allowed to be parked on the premises or on any street adjacent to the residentially zoned property.
9. The home occupation is not permitted to be advertised by any signs on the premises, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio or newspapers.
10. No animal hospitals, animal breeding, clinics, hospitals, contractors' yards, dancing schools, junk yards, lodginghouse residential uses, massage parlors, restaurants, rental outlets or vehicle repair shops are permitted as home occupations.

What is a nonconforming use?

A nonconforming use is the use of any land, building or structure does not conform with current applicable use regulations but complied or was not under requirements to comply with regulations at the time the use was established.

Specific requirements govern the discontinuance of nonconforming uses. Also, specific code requirements address damages and the ability to make major substantial changes to structures designated as nonconforming uses.

What are petition rights?

The protest provisions contained in S25-2-284 are commonly referred to as "petition rights." This provision generally provides that when the Planning Commission has recommended approval of a request for rezoning to a planned unit development (PUD) district, or when a written protest against a proposed rezoning, signed by 20% or more of either the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such rezoning shall not become effective except by the favorable vote of three-fourths of all members of the Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation.

What is a Planned Unit Development (PUD)?

A Planned Unit Development (PUD) is intended for large or complex developments under unified control planned as a single continuous project, to allow single or multi-use projects within its boundaries and provide greater design flexibility for development proposed within the PUD. Use of a PUD district should result in development superior to that which would occur using conventional zoning regulations. PUD zoning is appropriate if the PUD enhances preservation of the natural environment; encourages high quality and innovative design and ensures adequate public facilities and services for development within the PUD. The minimum size generally considered appropriate for a PUD is ten acres. Absent unique or special topographic constraints or other exceptional circumstances affecting the property, creation of a PUD is not justified for development of tracts of less than ten acres since conventional zoning regulations should provide for adequate development. (See 25-2-411)

What is a Transportation Impact Analysis (TIA)?

A Traffic Impact Analysis (TIA) provides information on the projected traffic expected from a proposed development. A TIA also evaluates the impact of proposed development on the roadways in the immediate proximity of the proposed development. The TIA should identify any potential traffic operational problems or concerns and recommend appropriate actions to address such problems or concerns.

A traffic impact analysis shall be consistent with the code requirements and the Transportation Criteria Manual. The geographic area to be considered in the TIA shall be established by the Director. The TIA should consider and account for the potential traffic to be generated by other undeveloped sites within the established study boundaries.

A neighborhood traffic analysis is a simplified TIA that assesses the impact of a proposed project on residential streets. A neighborhood TIA is limited to an evaluation of existing and projected operating levels of residential streets and an identification of mitigation measures needed to minimize traffic impacts.

TIA requirements apply to each individual lot when an application is made to zone or rezone the lot or for site plan approval to develop the lot.

Thresholds

Local or collector street means any roadway not designated as an arterial street. For the purposes of this section, a residential local or collector street is one along which 50% or more of the frontage within 1,500 feet of the proposed project's property lines (or the nearest arterial, whichever distance is less) is zoned SF-5 or more restrictive uses.

• A TIA is required if the expected number of trips generated by the project exceeds 2,000 vehicle trips per day.

• A neighborhood traffic analysis is required if the project has access only to a residential local or collector street and the expected number of vehicle trips generated by the project exceeds 300 vehicle trips per day over the existing uses.

Generally modifications to an application may include but are not limited to:

1) A reduction in the number of projected vehicle trips per day.

2) Dedication of additional right-of-way.

3) Reroutings of traffic and of proposed access and egress points serving the proposed project;

4) Participation in the funding of traffic signal and /or intersection improvements.

Notification

All property owners, renters and utility customers within 500', registered neighborhood associations, community groups and environmental interest groups at the time of application are notified within 14 days of an application. In addition, these entities are again notified prior to public hearings. Signs are placed on all properties under zoning review.

Processing Time

A written report from staff will be available to the applicant and the public several days before the item is scheduled for review by the Land Use Commission.

Zoning requests are typically heard by the assigned Land Use Commission on the fourth or fifth Tuesday of the month following the date of submittal (approximately 6 to 7 weeks), and by the City Council on the fourth Thursday following the Commission’s recommendation.