ZONING RESEARCH

PURPOSE:

Verification of zoning is required prior to issuance of a subdivision, site plan, site plan exemption, building permit or certificate of occupancy. Zoning establishes the types of land uses permitted on a parcel of land within the full or limited purpose jurisdiction of the City of Austin. Zoning also sets the development standards for a site, such as building height, setbacks, coverage, floor to area ratio, vehicle parking and loading space requirements, neighborhood compatibility, screening, landscaping, and impervious cover limitations.

AUTHORIZATION:

The Texas Local Government Code and the City Charter.

DEFINITIONS:

1. Zoning: is the division of a jurisdiction into zoning districts within which permissible uses are prescribed and restrictions on building height, bulk, layout, parking and other requirements are defined.
2. Permitted use: means a use defined by the Land Development Code, listed as a permitted use in the use regulations for a particular district, and authorized as a matter of right when conducted in accordance with the requirements of the Code.
3. Conditional use: means a use allowed within certain zoning districts under certain conditions. It is listed in the regulations for a particular district as a conditional use within that district, authorized solely on a discretionary and conditional basis by the Planning Commission, or the City Council on appeal.
4. Legal use: a use that is permitted by the Land Development Code.
5. Non-conforming use: the use of any land, building, or structure which does not conform with current applicable use regulations, but which complied with use regulations in effect at the time the use was established. However, no use of a building, structure or property which conformed with the zoning regulations in effect on March 1, 1984, is made non-conforming by the passage of Ordinance Number 840301-S.
6. Illegal use: a use that is not permitted by right or as a conditional use by the Land Development Code.
7. Non-complying : A building, structure or property which does not comply with applicable site development regulations for the zoning district in which it is located, but did comply with applicable regulations at the time of its construction. No building, structure, or property is made non-complying solely as a result of a change in the use, zoning or development of adjacent property. No building or structure which complied with zoning regulations in effect immediately prior to March 1, 1984, shall be deemed to have become or shall become non-complying due to passage of Ordinance No. 840301-S.
8. Legal, but not a non-conforming use: the use of land, building or structure, which does not comply with current applicable use regulations, but which complied with the zoning regulations in effect prior to March 1, 1984.
9. Legal, but not a non-complying structure: a building, structure or area, which does not comply with current applicable site development regulations for the district in which it is located, but which complied with the zoning regulations in effect prior to March 1, 1984.

HISTORIC ZONING

PURPOSE:

To encourage and monitor the protection, enhancement, preservation and use of historic landmarks as a public necessity and requirement in the interest of culture, prosperity, education and general welfare of the citizens.

AUTHORIZATION:

Chapter 25 of the Land Development Code, Sections 2-4-531 through 535, 25-2-171, 25-2-351, 25-2-352, 25-2-354, 25-2-355, 25-2-357, 25-2-358.

DEFINITIONS:

1. Historic zoning: is a supplemental designation to the base zoning district adding some additional requirements to safeguard a property or an area as a landmark.
2. National Historic Register District (NHRD): are areas of historical significance where the same definition applies as for historic zoning. Supplemental regulations apply to a defined area and not only to individual structures. Changes in the area must be based on the Historic District Preservation Plan, which must address zoning, building code requirements, sign regulations, parking, architectural regulations, transit and traffic issues as well as any public improvements.

The nine National Register Districts are as follows:

Clarksville, Hyde Park, Shadowlawn, Bremond, Congress Avenue, 6th Street, Rainey Street, Willow - Spence and Swedish Hill.

1. Landmarks: represent and reflect distinct, important elements of the City's and the State's architectural, archeological, cultural, social, economic, ethnic and political history which are to be maintained for posterity.
2. Historic Landmark Commission (HLC): is a representative board of the community, appointed by City Council for two or three year terms. The composition of the commission is clearly spelled out in the Land Development Code (LDC), as well as the duration of their terms ( see Sec 25-4-531 through 533). All activities regarding landmarks are their responsibilty. Their recommendation on all historic zoning cases is forwarded to the Planning Commission and to City Council prior to a final decision on the disposition of a case.

ISSUES REGARDING ADULT-ORIENTED BUSINESSES

PURPOSE:

There are three types defined as an adult-oriented bussiness : adult service business, adult entertainment business, and an adult lounge that fall under this regulation. (Refer to the Land Development Code, Section 25-2-801.)

AUTHORIZATION:

Refer to the Land Development Code, Section 25-5-2 that states that adult-oriented bussinesses require site plan approval.

DEFINITIONS:

1. Adult service business: is an adult encounter parlor, adult retreat, nude modeling studio or other commercial enterprise. It is primarily in the business of offering a service which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
2. Adult entertainment business: is an adult arcade, adult bookstore, adult theater, adult novelty shop or adult cabaret.
3. Adult lounge: is an adult cabaret which is a permited or licensed premise pursuant to the Texas Alcoholic Beverage Code where alcoholic beverages may be served or sold.

ALCOHOL / FOOD SALES

PURPOSE:

Special requirements are triggered when an establishment wishes to sell food or alcohol. In some cases these requirements will preclude the issuance of a site plan exemption. In other cases the exemption may be granted, but the applicant should be advised that other regulations must be met before the business can open.

AUTHORIZATION:

Refer to the Land Development Code, Section 25-5-146 (b), 25-02-808, 25-6-471.

DEFINITIONS:

1. Restaurant: an establishment engaged in the preparation and retail sale of food and beverages for on-premise consumption or in a ready-to-consume state. Restaurants are further classified as General, Limited, or Drive-In/Fast Food. Only a Restaurant-General may serve alcoholic beverages. At least 51% of the gross income must be derived from the sale of prepared food.
2. Cocktail lounge: a business engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises. Uses such as billiard parlors, dance halls, and live music venues may be included in this category if alcohol sales exceed 49% of the gross revenue.
3. Liquor sales: an establishment engaged in retail sale of alcoholic beverages for consumption off the premise.
4. Alcoholic beverage permit: a permit issued by the Texas Alcoholic Beverage Commission authorizing the sale of alcoholic beverages.
5. Late-hours permit: a permit issued by the Texas Alcoholic Beverage Commission authorizing a restaurant to serve alcohol between midnight and 2:00 a.m.