HomeMy WebLinkAboutNotes ZONING BOARD OF ADJUSTMENT
RULES AND PROCEDURES
The Zoning Board of Adjustment hears requests for variances and special exceptions,
appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain
and drainage ordinance variance requests, and PITY ordinance special exceptions. The
ZBA is a fact - finding body, and to grant variances it must determine the existence of
special conditions other than solely financial, which create an undue hardship for
applicants. Positive action requires an affirmative vote by at least four (4) of the five (5)
members. Recourse from ZBA decisions is to a Court of Law and appeals must be made
within ten (10) days of the decision, which become final at Thursday noon after the
meeting.
The ZBA shall develop and adopt rules in accordance with State law and City ordinance
to govern the ZBA and its meetings.
I. APPLICATION
❖ Any variance request, special exception, appeal of a decision of the
Zoning Official or floodplain ordinance variance request shall be preceded by the
applicant submitting to the Zoning Official a completed:
1). Application
2). Request Form
❖ Applications and request forms are available from the Planning Division
Office.
❖ The Zoning Official shall assist the applicant in determining the zoning of
the tract and in identifying the applicable ordinance section for the application.
❖ The applicant shall attach an additional sheet(s) if he cannot fully explain
his request in the space provided on the request form.
❖ Additional materials may be required of the applicant such as site plans,
elevation drawings, and floor plans. The Zoning Official shall inform the
applicant of any extra materials required.
❖ An applicant shall submit a non - refundable fee of $150.00, payable to the
City of College Station, to defray notification costs. The $150.00 will be taken
when the completed application and request form are submitted.
II. APPEAL OF ZONING OFFICIAL DECISION
❖ Appeals of Zoning Official decisions shall be filed within thirty (30) days
of the decision.
❖ The ZBA shall hear the appeal within sixty (60) days after the application
and request forms are received by the Zoning Official.
❖ The ZBA shall decide the appeal within a reasonable time. The ZBA may
reverse or affirm wholly or partly, or may modify the order, requirement, or
decision, of the Zoning Official by a concurring vote of at least four (4) of the five
(5) members.
❖ The completed application and request form must be received by the
the Planning Office by 10:00 AM on the designated deadline date, which is
indicated on the attached Deadline/Meeting Date Information schedule.
❖ When the application and request form are received the item will be
placed on the next available ZBA Meeting agenda. All required notices
will be published.
❖ The applicant has the responsibility to verify his item has been placed on a
ZBA meeting agenda.
III. NOTICE
❖ The Secretary to the Board shall notify the applicant of the ZBA meeting
by certified mail not less than one (1) week prior to the meeting.
❖ The Secretary to the Board shall notify property owners within 200 feet of
the property for which a request is pending of the ZBA meeting by certified mail
not less than (1) week prior to the meeting.
Such owners shall be determined by the Secretary to the Board.
When deciding which property is within 200 feet, measurements
shall be made in a straight line, without regard to intervening
structures of objects, from the nearest portion of the property for
which a request is pending to the nearest portion of other
properties.
Notice by certified mail to such owners shall correspond to the
owner's names and address as shown on certified tax roles even if
the tax rolls are incorrect or outdated.
❖ At the applicant's request, the Secretary to the Board shall notify any
interested person of the ZBA meeting by regular mail not less than one (1) week
before the meeting.
❖ The Secretary to the Board shall place a notice of the ZBA meeting in
THE EAGLE two (2) weeks prior to the meeting.
IV. MEETING
❖ Robert's Rule of Order, newly revised, shall be followed.
❖ Meetings shall be held the first Tuesday of each month at 6:00
PM.
❖ Packets for ZBA Members shall be mailed by the Secretary of the Board
the Friday before the meeting.
❖ Each item before the ZBA must be heard by at least four (4)
members.
❖ The ZBA may act on any request with or without the applicant's presence
at the meeting.
❖ When hearing requests, this procedural format shall be followed:
Staff Report
ZBA Members ask questions
Public Hearing
ZBA discussion and action
V. MINUTES
❖ The Secretary to the Board shall tape record all meetings. Tape recordings
of meetings shall be kept for three (3) years.
❖ Minutes of the meeting shall be typed by the Secretary to the Board in
paraphrased form to reflect pertinent points of discussion (in the Secretary's
judgement). No transcription will be made.
❖ Minutes shall be signed by the Chairman after they are approved
by the ZBA.
VI. PUBLIC HEARING
❖ Witnesses shall be placed under oath by the Chairman using this
statement: "Do you swear or affirm to tell the truth in this proceeding
under penalties of perjury?"
❖ Witnesses include the applicant and interested persons.
VII. MOTIONS
❖ Motions shall be made on the Motion Format Form and be positive or
negative.
❖ Negative motions (motions to deny a request) should be made when the
ZBA finds no special conditions, no undue hardship, or that the spirit of the
ordinance will not be preserved.
❖ Negative motions which fail do not imply the request is granted.
❖ Requests are only granted when a positive motion is passed by at least
four (4) ZBA Members. Requests are denied when a negative motion is passed
by a majority of members present.
VIII. REHEARING
❖ Applicants must have the ZBA's approval to present the same or a similar
request regarding the same property after denial of such request by the ZBA.
❖ When a request is denied, within ten days of the denial, the applicant may
request that the ZBA rehear the request at a future date. To make this request, the
applicant must submit to the Administrator new information that was previously
not available to the Board.
❖ Within the ten days, the Administrator will put the request to rehear on the
next available ZBA meeting agenda.
❖ To decide to rehear a request, the ZBA must determine the information
provided by the applicant is new and relevant to their decision point of a
hardship(s) as a result of a property's special condition(s). ZBA approval to
rehear a request requires a motion to rehear, a second to that motion, and passage
by a majority of members present.
❖ The determination that information previously not available is relevant to
a request's hardship and special condition does not necessarily indicate the
eventual approval of a request.
❖ If the ZBA approves a request to rehear, the applicant must pay a new fee
by an established deadline to be scheduled for a future meeting.
IX. APPEAL DECISION
❖ If an applicant wishes to appeal a ZBA decision, he must file a petition
with a court of record within ten (10) days after the date the decision is filed in the
Planning Division Office.
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Article 7. General Development Standards
Section Se Signs
6. All signs shall be setback as shown in Section 7.4.F, Sign Standards above
except in areas where a Private Improvement in Public Right -of -way
permit has been issued.
H. Apartment /Condominium /Manufactured Home Park Identification Signs
1. An Apartment /Condominium /Manufactured Home Park Identification Sign
may be either an attached sign or a freestanding monument sign. It shall
be placed upon the private property of a particular multi - family project in
the appropriate zone as established in Section 7.4.C, Summary of
Permitted Signs subject to the requirements set forth in Section 7.4.F,
Sign Standards above;
2. The Apartment /Condominium /Manufactured Home Park Identification Sign
shall list the name and may list the facilities available and have leasing or
sales information incorporated as a part of the sign;
3. An apartment or condominium project must have a minimum of 24
dwelling units to qualify for an identification sign;
4. Indirect lighting is permissible, but no optical effects, moving parts, or
alternating, erratic, or flashing lights or devices shall be permitted; and
5. Any manufactured home parks existing at the time of this UDO that are
non - conforming may still utilize an identification sign meeting the
provisions of this Section and Section 7.4.F, Sign Standards above.
I. Attached Signs
1. Attached Signs are commercial signs under this Section.
2. Attached Signs on any commercial building or tenant lease space shall not
exceed a total of two square feet per linear foot of the main or entry
• facade with a maximum of 500 square feet of attached signage allowed
for any one tenant. Multi -story businesses will be allowed 100 square feet
of additional attached signage.
Per Ordinance No. 2664 dated September 9, 2003.
3. The division of allowable building signage amongst building tenants shall
be the sole responsibility of the owner or property manager, and not the
City of College Station.
4. Signs attached to features such as gasoline pumps, automatic teller
machines, mail /package drop boxes, or similar on -site features, if seen
from the right -of -way, shall count as part of the allowable sign area of the
attached signs for the site. Information contained on such features
pertaining to federal and state requirements, and operation /safety
instructions are not counted. All other signage on such features shall
count towards the allowable attached sign area.
5. Banners shall be treated as signs when used on commercial or industrial
properties.
6. An attached sign:
a. Shall advertise only the name of, uses of, or goods or services
available within the building to which the sign is attached;
b. Shall be parallel to the face of the building;
c. Shall not be cantilevered away from the structure;
d. Shall not extend more than one foot from any exterior building face,
mansard, awning, or canopy;
7 -27
Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 7. General Development Standards
Section 7.4. Signs
e. Shall not obstruct any window, door, stairway, or other opening
intended for ingress or for needed ventilation or light; and
f. Shall not be attached to any tree or public utility pole.
3. Development Sign
1. A Development Sign may be placed only on private property subject to
the requirements in Section 7.4.F, Sign Standards above.
2. A Development Sign for a building project shall be removed if the project
has not received a Building Permit at the end of twelve months. The
Administrator may renew the sign permit for one additional twelve -month
period upon request. Once a Building Permit for the project is received,
the sign may stay in place until 75 percent of the project is leased or a
permanent sign is installed, whichever comes first. 1
3. A Development Sign for a proposed subdivision shall be removed if a
Preliminary or Final Plat has not been approved by the end of twelve
months. The Administrator may renew the Sign Permit for one additional
twelve -month period upon request. Once a plat has been approved, the
Sign Permit is valid as long as a Preliminary Plat is in effect, or in the
absence of a valid Preliminary Plat, for 24 months from the date of
approval of a Final Plat.
K. Directional Traffic Control Sign 1
1. Directional Traffic Control Signs may be utilized as traffic control devices
in off- street parking areas subject to the requirements set forth in Section
7.4.F, Sign Standards above.
2. For multiple Tots sharing an access easement to public right -of -way, there
shall be only one directional sign located at the curb cut.
3. Logo or copy shall be Tess than 50% of the sign area.
4. No Directional Traffic Control Sign shall be permitted within or upon the
right -of -way of any public street unless its construction, design, and
location have been approved by the City Traffic Engineer.
L. Flags
1. One freestanding corporate flag per premise, not to exceed 35 feet in 1
height or 100 square feet in area, is allowed in multi - family, commercial,
and industrial districts.
2. Flags used solely for decoration and not containing any copy or logo and 1
located only in multi - family, commercial, and industrial districts or
developments are allowed without a permit. In multi - family
developments, such flags will be restricted to 16 square feet in area. In
all permitted zoning districts such flags will be restricted to 30 feet in
height, and the number shall be restricted to no more than 6 flags per
building plot.
3. Flags containing commercial copy or logo, excluding the flags of any
country, state, city, school, or church are prohibited in residential zones
and on any residentially developed property (except when flags are used
as Subdivision Signs).
1
7 -28
Article 7. General Development Standards
Section 7.4. Signs
F. Sign Standards
The following table summarizes the sign standards for the City of College
Station:
Setback
Maximum Maximum Height from
Sign Type Area (s.f.) ** (ft.) ROW (ft.) Number Allowed
Apartment /Condominium /Manufactured 100 10 10 1/building 1
Home Park Identification Signs / g plot
Area Identification Signs 16 4 10 1/10-50 acre
subdivision or phase
Not to exceed 1 Any number allowed
foot from top of if within the total
Attached Signs Varies, see wall, marquee, --
g 7.4.I below or parapet to allowed square
which it is footage of attached
attached signs
Development Signs
Residential / Collector Street 35
Arterial Street 65 15 10 1 /premises
Freeway 200
(As designated on Thoroughfare Plan)
Directional Traffic Control Signs 3 4 4 1 /curb cut
1 /building plot
Freestanding Signs Varies, see 7.4.M below where lot exceeds
75 feet of frontage
Home Occupation Signs Not to exceed
111 2 top of wall to
which it is - -- 1 /dwelling unit
attached
III Low Profile Signs (In lieu of permitted 60 4 10 1/150 feet of
Freestanding Sign)
Non - Commercial Signs - -- - -- frontage 10 - --
Real Estate, Finance, and Construction 1 /frontage
Mg Signs 16 8 10 (Real Estate)
10 1 /property (Finance)
Up to 150 -foot frontage 32 8
Greater than 150 -foot frontage 3 /property
(Construction)
III Determined
by frontage. 10 feet above 1 /building plot in
Roof Signs Same as - -- place of a
freestanding structural roof
III 9 freestanding sign
Max. 100 s.f.
1 /primary
Subdivision Signs 150 15 10 subdivision
IIII entrance. Not to
exceed 2 signs.
* Except as provided for in Section 7.4.M.10, Freestanding Commercial Signs.
** The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical
and horizontal lines that fully contains all extremities (as shown in the illustration
below), exclusive of supports.
Per Ordinance No. 2681 dated November 25, 2003.
7 -25
Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 7. General Development Standards
Section 7.4. Signs
6. All signs shall be setback as shown in Section 7.4.F, Sign Standards above
except in areas where a Private Improvement in Public Right -of -way
permit has been issued.
H. Apartment /Condominium /Manufactured Home Park Identification Signs
1. An Apartment /Condominium /Manufactured Home Park Identification Sign
may be either an attached sign or a freestanding monument sign. It shall
be placed upon the private property of a particular multi - family project in
the appropriate zone as established in Section 7.4.C, Summary of
Permitted Signs subject to the requirements set forth in Section 7.4.F,
Sign Standards above;
2. The Apartment /Condominium /Manufactured Home Park Identification Sign
shall list the name and may list the facilities available and have leasing or
sales information incorporated as a part of the sign;
3. An apartment or condominium project must have a minimum of 24
dwelling units to qualify for an identification sign;
4. Indirect lighting is permissible, but no optical effects, moving parts, or
alternating, erratic, or flashing lights or devices shall be permitted; and
5. Any manufactured home parks existing at the time of this UDO that are
non - conforming may still utilize an identification sign meeting the
provisions of this Section and Section 7.4.F, Sign Standards above.
I. Attached Signs
1. Attached Signs are commercial signs under this Section.
2. Attached Signs on any commercial building or tenant lease space shall not
exceed a total of two square feet per linear foot of the main or entry
facade with a maximum of 500 square feet of attached signage allowed
for any one tenant. Multi -story businesses will be allowed 100 square feet
of additional attached signage.
Per Ordinance No. 2664 dated September 9, 2003.
3. The division of allowable building signage amongst building tenants shall
be the sole responsibility of the owner or property manager, and not the
City of College Station.
4. Signs attached to features such as gasoline pumps, automatic teller
machines, mail /package drop boxes, or similar on -site features, if seen
from the right -of -way, shall count as part of the allowable sign area of the
attached signs for the site. Information contained on such features
pertaining to federal and state requirements, and operation /safety
instructions are not counted. All other signage on such features shall
count towards the allowable attached sign area.
5. Banners shall be treated as signs when used on commercial or industrial
properties.
6. An attached sign:
a. Shall advertise only the name of, uses of, or goods or services
available within the building to which the sign is attached;
b. Shall be parallel to the face of the building;
U c. Shall not be cantilevered away from the structure;
d. Shall not extend more than one foot from any exterior building face,
mansard, awning, or canopy;
U 7 -27
Unified Development Ordinance 6/13/03 Citv of Colleae Station. Teyaq
all
ea Article 7. General Development Standards
Section 7.4. Signs
1 III
F. Sign Standards
The following table summarizes the sign standards for the City of College
1 an
Station:
• Setback
III Maximum Maximum Height from
Sign Type Area (s.f.) ** (ft.) ROW (ft.) Number Allowed
Apartment /Condominium /Manufactured 100 10 10 1 /building plot
Home Park Identification Signs
III Area Identification Signs 16 4 10 1/10 -50 acre
subdivision or phase
Not to exceed 1 Any number allowed
IIII foot from top of - -- if within the total
Attached Sins Varies, see wall, marquee,
g 7.4.I below or parapet to allowed square
which it is footage of attached
III attached signs
Development Signs
Residential / Collector Street 35
Arterial Street 65 15 10 1 /premises
II. Freeway 200
(As designated on Thoroughfare Plan)
Directional Traffic Control Signs 3 4 4 1 /curb cut
1 /building plot
Freestanding Signs Varies, see 7.4.M below where lot exceeds
75 feet of frontage
Home Occupation Signs Not to exceed
2 top of wall to
which it is ___ 1 /dwelling unit
attached
IIII Low Profile Signs (In lieu of permitted --- --- 1/150 feet of
Freestanding Sign) 60 4 10 frontage
Non - Commercial Signs 10 - --
Real Estate, Finance, and Construction - 1 /frontage
Signs 16 8 10 (Real Estate)
10 1 /property (Finance)
Up to 150 -foot frontage 32 8
Greater than 150 -foot frontage 3 /property
(Construction)
Determined
by frontage. 1 /building plot in
Roof Signs Same as 10 feet above ___ place of a
freestanding structural roof
9 freestanding sign
Max. 100 s.f.
1 /primary
Subdivision Signs 150 15 10 subdivision
II entrance. Not to
exceed 2 signs.
* Except as provided for in Section 7.4.M.10, Freestanding Commercial Signs.
III ** The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical
and horizontal lines that fully contains all extremities (as shown in the illustration
below), exclusive of supports.
Per Ordinance No. 2681 dated November 25, 2003.
1
• 7 -25