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Austin multifamily open space: the ten-unit line in §25-2-780

Last verified August 14, 2026 against the Austin Land Development Code · Kimbrough Gray · KiliGray Homes
A multifamily use with 10 or more dwelling units, in a building constructed after the effective date of the ordinance, must comply with the open space requirements of Subchapter E Section 2.7 except as provided in Subsection (A)(1). A multifamily use with less than 10 dwelling units must instead provide private personal open space of at least five percent of gross site area, with a ground-level area of at least 100 square feet.
Applies to: A multifamily residential use. Section 25-2-780(A) reaches a multifamily use with 10 or more dwelling units in a building constructed after the effective date of the ordinance, and Section 25-2-780(B) a multifamily use with less than 10 dwelling units. Section 25-2-780(C) applies only to a multifamily use located in a transit-oriented development district or on a core transit corridor or future core transit corridor that complies with the requirements of Subsection (C)(3).

Ten units decides which rule you get

§25-2-780 splits multifamily in two at ten dwelling units, and the two halves are different in kind, not degree:

  • 10 or more units — comply with Subchapter E §2.7, private common open space and pedestrian amenities. Shared space, for the building.
  • Fewer than 10 units — provide private personal open space, with its own percentage and its own dimensional minimums. Space attached to dwellings.

The intuition most people bring is that the small building gets the lighter rule. That is not what this says. The small building gets a rule with hard numbers on this page; the large one gets sent to a different subchapter entirely.

Fewer than 10 units10 or more units
What is requiredPrivate personal open spacePrivate common open space and pedestrian amenities
Where the rule lives§25-2-780(B) — belowSubchapter E §2.7 — not on this page
Minimum total5% of gross site areaSet by Subchapter E §2.7
Ground-level area≥ 100 sq ft, ≥ 10 ft across each way—
Above ground level≥ 50 sq ft, ≥ 5 ft across each way—

The ten-unit line is a count of dwelling units, not buildings or lots.

Five percent, and it has to be a usable shape

Under ten units, the total is five percent of gross site area — but a percentage alone would let you satisfy it with a strip a foot wide, so each area also has to hold a shape:

  • At ground level: at least 100 sq ft, and not less than 10 feet across in each direction.
  • Above ground level: at least 50 sq ft, and not less than 5 feet across in each direction.

"In each direction" is doing the work. A balcony 12 feet long and 4 feet deep is 48 sq ft and fails twice over — under the 50 sq ft area, and under the 5-foot dimension on its short side. The upstairs allowance is half the ground-level one on both counts, which is a realistic concession to what a balcony can be.

Three districts out, and one deal about parks

Subsection (A)(1) releases a large building from the common open space requirement in four situations. Three are simply places — the University Neighborhood Overlay (where the applicant has elected into Division 9), the central business district, and downtown mixed use. Dense places where private open space is the wrong ask.

The fourth is a trade, and it is the interesting one. A development certified under a local, state or federal affordable housing program is released if it sits within a quarter mile of an existing and developed public park or multi-use trail. Public open space substitutes for private open space, but only for projects that are already delivering affordability.

The quarter mile is walking distance, not a radius. It is measured from the site boundary to the nearest public entrance of the park, and §25-2-780(A)(2) requires consideration of what makes the route walkable — physical or topographic barriers, traffic volumes, pedestrian crosswalks, and ADA-compliant accessible routes. A park 300 feet away across a highway with no crossing is not a quarter mile away in the sense this section means.

On a transit corridor, the site area minimum goes to zero

Subsection (C) is a separate bargain for multifamily in a transit-oriented development district, or on a core transit corridor or future core transit corridor. Two kinds of unit get their minimum site area cut to zero:

  • a dwelling unit of 500 square feet or less — and its parking must be leased separately from the unit;
  • a three-bedroom unit.

That pairing is deliberate. The smallest units and the largest ones are the two the market under-supplies, and a per-unit site area minimum penalises both — the studio because it is small, the family unit because it is expensive to build. Setting the minimum to zero removes the land cost per unit from both ends at once.

TenureShareIncome limitTerm
Owner-occupied10% of the qualifying units≤ 80% MFI99 years from first CO
Rental10% of the qualifying units≤ 50% MFI40 years from first CO

§25-2-780(C)(3). "Qualifying units" are those of 500 sq ft or less, or three-bedroom units. At least one unit must be affordable regardless.

Ninety-nine years, and a floor of one

The two affordability terms are not variations on a theme. Rental affordability runs 40 years; ownership affordability runs 99. That is the longest commitment period anywhere on this hub, and it reflects what the two tenures do — a rental restriction has to be re-imposed on each tenant, while an ownership restriction rides with the title through every future sale.

The income bands run the other way: ownership at 80 percent of median family income, rental at 50. Deeper affordability is asked of the shorter commitment.

And §25-2-780(C)(4) closes the arithmetic gap: notwithstanding the ten percent, at least one unit must be reserved as affordable. On a project with nine qualifying units, ten percent rounds to nothing — this stops that being the answer.

Common questions

How much open space does an Austin multifamily project need?
It depends on unit count. Ten or more dwelling units must meet the common open space requirements of Subchapter E §2.7. Fewer than ten must provide private personal open space of at least five percent of gross site area.
What are the minimum dimensions for private personal open space?
At ground level, at least 100 square feet and not less than 10 feet across in each direction. Above ground level, at least 50 square feet and not less than 5 feet across in each direction.
Does a small apartment building need open space in Austin?
Yes — under ten units the requirement is private personal open space, five percent of gross site area, unless the development meets one of the §25-2-780(A)(1) exceptions.
Is downtown exempt from multifamily open space rules?
The common open space requirement does not apply in the central business district (CBD) or the downtown mixed use (DMU) district, or in the University Neighborhood Overlay where the applicant elects to comply with Division 9.
Can being near a park replace open space requirements?
Only for a development certified under a local, state or federal affordable housing program, and only within a quarter mile safe pedestrian travel distance of an existing and developed public park or multi-use trail.
What is the minimum site area for a small unit on a transit corridor?
Zero, for a dwelling unit of 500 square feet or less or a three-bedroom unit, in a TOD district or on a core or future core transit corridor — if the affordability requirements of §25-2-780(C)(3) are met.
How long does the affordability last under §25-2-780?
Ninety-nine years for owner-occupied units at or below 80 percent MFI, and 40 years for rental units at or below 50 percent MFI, both from the first certificate of occupancy.

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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.

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We 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.

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