The East Austin overlay: which uses become conditional or prohibited
The main rule is a test, not a list
Most overlays name the uses they restrict. This one defines a comparison:
A use in a community commercial (GR), general commercial services (CS), commercial - liquor sales (CS-1), or limited industrial service (LI) base district is a conditional use if, under Section 25-2-491 …, the use is: (1) permitted in the district; and (2) not permitted in a neighborhood commercial (LR) base district.
In other words the overlay borrows LR's use list as a filter. If a use would be allowed in the small, neighborhood-scale commercial district, it stays permitted here. If it is only allowed in the heavier districts, the overlay pulls it back into conditional territory.
That is an elegant piece of drafting: rather than enumerate dozens of uses, it pegs the overlay's tolerance to whatever the code already considers neighborhood-compatible.
Four uses the section names directly
Alongside the general test, §25-2-645 deals with specific uses by name:
| Use | Treatment | Where |
|---|---|---|
| Medical office (not exceeding 5,000 sq ft gross floor area) | Conditional | GR, CS, CS-1, LI |
| Service station | Conditional | GR, CS, CS-1, LI |
| Guidance services | Conditional | All base districts |
| Communication service facilities | Conditional | All base districts |
| Pawn shop services | Prohibited | GR, CS, CS-1, LI |
From §25-2-645(C)–(F). Note that guidance services and communication service facilities reach ALL base districts inside the overlay, not just the four commercial and industrial ones — a wider sweep than the rest of the section.
The medical office cap cuts the opposite way from usual
Worth reading carefully, because the size qualifier is easy to invert. It is the smaller medical office — not exceeding 5,000 square feet — that §25-2-645(C) names as conditional.
The section does not say what happens to a larger one; that falls back to the general test in (B) and to the §25-2-491 tables. So a bigger medical office is not automatically easier, and it is not automatically harder either — it is simply governed by a different route, which we cannot trace without the use tables.
Common questions
Send us an address and we will tell you what we find
We do this research ourselves on every project we take on — zoning, floodplain, watershed, trees, whether it is a legal lot. Send us an address and we will run it and tell you what we find. It works the same whether you own a vacant lot, a house you are thinking of adding a unit to, or a house you are thinking of replacing. No charge and no strings, and if it is a bad lot we will say so.
Send us an addressWe are homebuilders, not the City of Austin. This page explains how we read the code in practice — it is not legal advice and it is not an official determination. Always confirm with Austin Development Services before you rely on it for a project. The authoritative text is the Austin Land Development Code; permitting questions go to Austin Development Services Department.