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McMansion Zoning in Austin TX - Navigating the McMansion building codes

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New site development regulations for single-family, duplexes, and other non-multi-family residential development (the McMansion Ordinance and changes to the City’s duplex regulations) went into effect on October 1, 2006.

WHERE DO THE NEW REGULATIONS APPLY?
The McMansion Ordinance does not apply to every property within the City. It applies only within
specific boundaries (generally, greater central Austin). The Mueller Planned Unit Development is exempt from the regulations. Properties zoned SF-4A are also exempt unless they are adjacent to properties zoned SF-2 and SF-3.

However, the changes to the City’s duplex regulations apply throughout the entire city and are not limited to a specific area.

WHAT RESIDENTIAL STRUCTURES ARE SUBJECT TO THE McMANSION ORDINANCE?
• Single-family
• Small-lot single-family
• Single-family attached
• Duplex
• Two-family (a main residence and a secondary dwelling unit)
• Secondary apartment (neighborhood planning tool)
• Urban home (neighborhood planning tool)
• Cottage lot (neighborhood planning tool)
• Bed and breakfast (group 1) residential
• Bed and breakfast (group 2) residential

WHAT DOES THE McMANSION ORDINANCE DO?
The McMansion Ordinance

> Limits the size of new and remodeled structures to the greater of
• 2,300 square feet or
• 0.4 to 1 Floor-to-Area-Ratio (FAR) (the limit applies to the combined square footage of all residential units on a lot)

To figure out what an 0.4 FAR means for your property, simply multiply your total lot size by 0.4. For example, an 0.4 FAR applied to a 10,000 square foot lot would yield an allowable 4,000 square feet of gross floor area)

> Adds new provisions to the City’s definition of gross floor area that explain how square footage must be calculated for
• Second and third story covered porches (included in your square footage)
• Basements meeting certain criteria (excluded in your square footage)
• Garages and other parking areas (included after a certain amount)
• Areas with ceiling heights of greater than 15 feet (included by counting the square footage twice)
• Mezzanines and lofts (included)
• Habitable attic spaces meeting certain criteria (excluded)

Otherwise, 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. The term includes loading docks and excludes atria airspace, parking facilities, driveways, and enclosed loading berths and off-street maneuvering areas. [Land Development Code Section 25-1-21]

> Adds a building envelope requirement, created by side and rear setback planes, so that all structures on a site must fit within this envelope (there is an allowance for remodels; some building features are allowed to protrude through the setback planes)

> Adds a side wall articulation requirement, though the the side wall articulation requirement does not apply to new construction that is less than 2,000 square feet in gross floor area and less than 32 feet in height

> Changes how height is measured for uses subject to the McMansion ordinance so that it is measured from the lower of natural or finished grade

> Changes the maximum height
• From 35 feet to 32 feet for single-family, small-lot single-family, single-family attached, bed and breakfast (group 1 and group 2) residential structures
• From 30 feet to 32 feet for duplexes
• From 30 feet to 32 feet for two-family residential structures
• (The 35 foot height limit stays in effect for urban home and cottage lot special uses.)
• (The 30 foot height limit stays in effect for secondary apartment special uses.)

> Decreases the minimum rear yard setback from 10 feet to 5 feet for a secondary dwelling unit if the lot abuts an alley

> Establishes minimum front yard setbacks that are slightly different than the setbacks prescribed previously in the City’s Land Development Code

> Allows neighborhoods within the ‘McMansion boundary’ modify the McMansion Ordinance



Other changes approved with the McMansion Ordinance that also went into effect on October 1, 2006

> Require that the two units of a duplex share a common roof and a common wall for at least 50% of the maximum depth of the building, and prohibit the separation of the two units by a breezeway, carport, or other open building element; instead of a shared common wall, the two units can share a common floor and ceiling (applies citywide to all duplexes, not just those within the "McMansion boundary")

> Amend how noncomplying structures may be modified (applies citywide to all uses, not just residential uses)

> Amend when and how a damaged or destroyed noncomplying structure may be restored (applies citywide to all uses, not just residential uses).



** The above list is meant only to summarize the highlights of the October 1 regulations. ** PLEASE READ THE
APPROVED ORDINANCE FOR EXACT DETAILS.

There is also a new
Residential Design and Compatibility Commission (RDCC) made up of residential design professionals and other citizens appointed by the Council who have the ability to review projects and grant requested modifications to certain elements of the McMansion Ordinance.

 

 

OFFICE PHONE    512.350.0839              OUR EMAIL  contact@512deVeloping.com

 

 

 

 

We understand that there are a few options available to you when it comes to navigating the McMansion. That’s why we work hard to make sure that your experience with us leaves you with the satisfaction that you made the right choice.
 

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