HomeMy WebLinkAboutMisc. (3) Any bookstore, movie theater, or video store, unless that business is an adult
bookstore, adult movie theater, or adult video store under Section 17A(9).
(Ordinance No. 2032 of September 9, 1993).
C. PERMIT REQUIRED
(1) Any enterprise, as defined herein, that owns or operates within the City of College
Station corporate limits shall first obtain a valid permit under the provisions of these
regulations.
(2) Permit shall only be issued for enterprises as defined herein that are located within
Commercial District C -I zones as defined herein.
(Ordinance No. 1554 of September 27, 1984)
(3) No permit shall be issued for an enterprise located within a one thousand foot radius
of any church, school, or licensed day care center.
(Ordinance No. 2032 of September 9, 1993)
(4) For the purposes of this subsection, measurements shall be made in a straight line
without regard to intervening structures or objects from the nearest portion of the
building or structure used by the enterprise to the nearest portion of the building
structure or facility as set forth in subsection 3.
(Ordinance No. 1554 of September 27, 1984)
(5) A business is not exempt from regulation under this ordinance because it holds a
license or permit under the Alcoholic Beverage Code authorizing the sale or service
or alcoholic beverages or because it contains one or more coin - operated machines
that are subject to regulation or taxation, or both under State law.
(6) It shall be unlawful for the owner or operator of any enterprise as herein defined and
regulated, or any other person to erect, construct or maintain any sign for the
enterprise other than one attached sign as defined by the City of College Station
Zoning Ordinance No. 1638 Section 12. SIGN REGULATIONS.
In addition, this one attached sign shall not contain any flashing lights or moving
parts, shall be rectangular in shape and shall not exceed fifty (50) square feet in
area. It shall contain no photographs, silhouettes, drawings or pictorial
representations of any manner, and shall not advertise either graphically or verbally,
either by explicit or literal expression, connotation or implied reference, any specified
sexual activities or specified anatomical areas.
The sign may contain only the name of the enterprise and /or one or more of the
following phrases: Adult bookstore, Adult movie theater, Adult lounge, parlor or
cabaret, Adult novelties, Adult entertainment, Adult modeling studio, Adult video.
(Ordinance No. 2032 of September 9, 1993)
D. DISPLAY OF PERMIT
A permit issued under these regulations shall be displayed at all times in an open and con-
spicuous place on the premises of the enterprise for which it was issued.
E. APPLICATION FOR A PERMIT
Any person desiring a permit shall file a sworn written application with the Chief of Police, or
his designate. The application shall set forth the following:
(1) The name of the applicant and whether the applicant is an individual, general part-
nership, limited partnership, corporation or other entity.
4 -76
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(3) Any bookstore, movie theater, or video store, unless that business is an adult
bookstore, adult movie theater, or adult video store under Section 17A(9).
(Ordinance No. 2032 of September 9, 1993).
C. PERMIT REQUIRED
(1) Any enterprise, as defined herein, that owns or operates within the City of College
Station corporate limits shall first obtain a valid permit under the provisions of these
regulations.
(2) Permit shall only be issued for enterprises as defined herein that are located within
Commercial District C -I zones as defined herein.
(Ordinance No. 1554 of September 27, 1984)
(3) No permit shall be issued for an enterprise located within a one thousand foot radius
of any church, school, or licensed day care center.
(Ordinance No. 2032 of September 9, 1993)
(4) For the purposes of this subsection, measurements shall be made in a straight line
without regard to intervening structures or objects from the nearest portion of the
building or structure used by the enterprise to the nearest portion of the building
structure or facility as set forth in subsection 3.
(Ordinance No. 1554 of September 27, 1984)
(5) A business is not exempt from regulation under this ordinance because it holds a
license or permit under the Alcoholic Beverage Code authorizing the sale or service
or alcoholic beverages or because it contains one or more coin - operated machines
that are subject to regulation or taxation, or both under State law.
(6) It shall be unlawful for the owner or operator of any enterprise as herein defined and
regulated, or any other person to erect, construct or maintain any sign for the
enterprise other than one attached sign as defined by the City of College Station
Zoning Ordinance No. 1638 Section 12. SIGN REGULATIONS.
In addition, this one attached sign shall not contain any flashing lights or moving
parts, shall be rectangular in shape and shall not exceed fifty (50) square feet in
area. It shall contain no photographs, silhouettes, drawings or pictorial
representations of any manner, and shall not advertise either graphically or verbally,
either by explicit or literal expression, connotation or implied reference, any specified
sexual activities or specified anatomical areas.
The sign may contain only the name of the enterprise and /or one or more of the
following phrases: Adult bookstore, Adult movie theater, Adult lounge, parlor or
cabaret, Adult novelties, Adult entertainment, Adult modeling studio, Adult video.
(Ordinance No. 2032 of September 9, 1993)
D. DISPLAY OF PERMIT
A permit issued under these regulations shall be displayed at all times in an open and con-
spicuous place on the premises of the enterprise for which it was issued.
E. APPLICATION FOR A PERMIT
Any person desiring a permit shall file a sworn written application with the Chief of Police, or
his designate. The application shall set forth the following:
(1) The name of the applicant and whether the applicant is an individual, general part-
nership, limited partnership, corporation or other entity.
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(2) The name under which the enterprise is to be operated and a general description of
the service to be provided.
(3) The address and legal description of the parcel of land on which the restricted es-
tablishment is to be located.
(4) The name, resident address and telephone number of the manager or other individ-
ual to be principally in charge of the operation of the enterprise.
(5) A written declaration that the information contained in the application is true and
correct.
(6) If the applicant is an individual, the application shall be signed and verified by the
applicant. If the applicant is a partnership, the application shall be signed and ver-
ified by all of the partners thereof. If the applicant is a corporation or other entity, the
application shall be signed and verified by the President and the Treasurer of such
corporation or entity.
The application shall be accompanied by the following:
(1) Payment of the permit fee.
(2) A certified copy of the Assumed Name Certificate filed in compliance with the
Assumed Business or Professional Name Act (Texas Revised Civil Statutes, Anno-
tated Business and Commerce Code, Chapter 36), if the applicant is to operate the
restricted establishment under the assumed name.
(3) If the applicant is a Texas Corporation, a certified copy of the Articles of Incorpora-
tion, together with all amendments thereto, shall be filed.
(4) If the applicant is a foreign corporation, a certified copy of the Certificate of Authority
to Transact Business in the State, together with all amendments thereto, shall be
filed.
(5) A certified copy of the Certificate of Limited Partnership, together with all amend-
ments thereto, filed in the Office of the Secretary of State under the Texas Limited
Partnership Act, (Article 6132a of Texas Revised Civil Statutes), if the applicant is a
limited partnership formed under the laws of the State of Texas.
(6) A certified copy of the Certificate of Limited Partnership and the qualification doc-
uments, together with all amendments thereto, filed in the Office of the Secretary of
State under the Texas Limited Partnership Act, if the applicant is a foreign or limited
partnership.
(7) A complete list of persons employed by the enterprise, including their age, date and
place of birth, social security number, driver's license number and salary or wage
rate. The list shall be updated monthly by a verified report to the Chief of Police, or
his designate, listing all of the above information for any employees hired during the
previous month.
F. INVESTIGATION, ISSUANCE OR DENIAL OF PERMIT
Upon receiving an application for a permit, the Chief of Police, or his designate, shall conduct
an investigation for the purpose of determining whether or not such enterprise complies with
the location requirements as set forth in these regulations. He shall thereafter notify each
applicant of their eligibility for a permit within twenty (20) days of receipt of the application. If
the applicant complies with the provisions of these regulations, then the Chief of Police, or his
designate, shall issue a permit. In the event that he finds that an applicant fails to comply
with these regulations, then the applicant shall be so notified and be entitled to a hearing held
pursuant to Paragraph I of this Section.
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G. PERMIT FEE
To defray the cost of processing the permit application, the permit fee shall be One Hundred
and No /100 Dollars ($100.00). No portion of any fee collected under this section shall be
returned after a permit has been issued or refused. A permit is not transferable, assignable,
or divisible, and shall be valid only for the location for which it is issued. Each permit shall be
effective when issued and shall be renewable annually upon filing an application as provided
for herein. All permits are renewable December 1 of each year succeeding the year in which
they are first issued.
In the event that the Chief of Police, or his designate, determines that the applicant's building
may be within one thousand feet (1,000') of a church, school or other enterprise, as defined
herein, then he shall notify the applicant of such a determination. The applicant shall have the
option of requesting a survey to establish the exact distance. The applicant shall be required
to pay a fee of Two Hundred and No /100 Dollars ($200.00) for the survey.
H. ENFORCEMENT
The Chief of Police, or his designate, shall have the power to administer and enforce the
provisions of these regulations upon presentation of proper identification to the owner, agent,
or tenant in charge of any premises where an enterprise is located.
The Chief of Police, or his designate, may enter for the purposes of inspection or investiga-
tion to insure compliance with the terms of these regulations, any building, structure or other
premises where the enterprise is located. However, when the Chief of Police, or his
designate, is denied permission to inspect any premises, inspection shall be made only under
the authority of a warrant issued by a Magistrate authorizing the inspection for violations of
these regulations. In applying for such a warrant, the Chief of Police, or his designate, shall
submit an affidavit to a Magistrate setting forth his belief that a violation of these regulations
exists with respect to the premises sought to be inspected and the reasons for such belief.
The affidavit shall designate the location of such premises and the name of the person be-
lieved to be the owner, operator, or occupant thereof. If the Magistrate finds that probable
cause exists for a search of the premises, such warrant describing the premises with suffi-
cient certainty to identify the same. Any warrant so issued shall constitute authority for the
Chief of Police, or his designate, to enter upon or inspect the premises described therein.
REVOCATION OF PERMIT, NOTICE, HEARING, and APPEAL
The Chief of Police, or his designate, is hereby granted and shall have the power to revoke
any and all permits authorized by these regulations for violation of such regulations provided,
however, that the Chief of Police, or his designate, shall conduct a hearing prior to the
revocation or denial of any permit authorized under these regulations. The person whose
permit is under consideration shall be given at least ten (10) calendar days written notice of
the date of the hearing and shall be permitted to present relevant facts and legal argument
regarding the pending revocation. Following such hearing, the Chief of Police, or his
designate, shall consider the merits of the case and shall present a written opinion prior to
any action. Any person wishing to appeal the decision of the Chief of Police, or his
designate, regarding the revocation of a permit may, within ten (10) days after the date of the
written opinion filed by the Chief of Police, or his designate, appeal such decision to the City
Council of the City of College Station by written notice to the City Secretary, setting out the
basis of such appeal. The City Council shall hold a hearing on the permit revocation within
ten (10) days of the receipt of written notice of appeal provided, however, that the appealing
party shall be required to comply with the decision of the Chief of Police, or his designate,
during the pendency of the appeal.
J. AMORTIZATION OF NONCONFORMING USES
Any use and conflict with the purposes or terms of this ordinance shall be entirely discon-
tinued and shall thereafter cease operation within five (5) years from the date any such use
4 -78
Rev. 5/00
! becomes nonconforming under this ordinance. If such nonconforming use is discontinued,
interrupted or changed, any future use of such land shall be in conformity with the provisions
of this ordinance.
All existing enterprises, even nonconforming uses under this ordinance, are required to be
licensed and shall apply for a permit sixty (60) calendar days of the date of passage of this
Section. All existing enterprises must be in compliance with the provisions of these reg-
ulations and secure a permit within ninety (90) calendar days of the passage of this ordi-
nance.
The issuance of a yearly permit hereunder shall not affect the amortization of nonconforming
uses as provided herein.
K. UNLAWFUL ACTS
(1) False or fraudulent statements - It shall be unlawful for any person to knowingly make
any false, fraudulent or untruthful statement, either written or oral, or in any way
knowingly to conceal any material fact or to give or use any assumed name or
fictitious name other than the one duly filed for record in compliance with the
Assumed Business or Professional Name Act (Texas Business and Commerce Code
Annotated, Chapter 36).
(2) Use of another's permit unlawful - It shall be unlawful for any individual, partnership,
corporation or other entity to use a permit which has been issued to another
individual, partnership, corporation or other entity.
(3) Unlawful to deface, alter, etc. a permit - It shall be unlawful for any person to
counterfeit, forge, change, deface or alter a permit.
(Ordinance No. 1554 of September 27, 1984)
(4) Violation Deemed a Misdemeanor
Where authorized by law, the violation of any provision of these regulations will be
considered a misdemeanor and upon conviction thereof shall be punishable by a fine
pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of
Ordinances.
(Ordinance No. 2030 of September 9, 1993)
(5) Authority to file suit - The City Attorney is hereby authorized to file suit in District
Court to enjoin the violation of any provision of these regulations.
L. NOT TO LEGALIZE ANYTHING PROHIBITED BY STATE LAW OR CITY
ORDINANCE
These regulations do not legalize anything prohibited under the penal code or any other state
law or city ordinance. Further, any violation of the Penal Code or other state law or city
ordinance shall be deemed grounds for revocation of the permit issued.
(Ordinance No. 1554 of September 27, 1984)
4 -79
Rev. 5/00
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Article 6. Zoning Districts
1 Section 6.3, Specific Use Standards - - Deleted: 6.3
Inserted: 6.3
Deleted: 6.36.36.5
Inserted: 6.36.3
C -1 General Commercial C -2 Commercial /Industrial
Minor STORAGE Maior
_ - Formatted: Bullets and Numbering
1. Storage is allowed in C -1 if the square feet of storage is less than 50% of the
total physical space, exclusive of office areas.
2. Sales are allowed in C -2 if the square feet of sales is less than 50% of the
total physical space, exclusive of office area.
3. Each sales use in a shopping center must meet the storage square -foot
criteria above to be permitted in that zoning district.
O. Salvage Yard
1. Salvage or junkyards shall be visually screened on front, rear, and all
sides by means of a solid eight -foot high wooden privacy fence.
2. Material that is not salvageable shall not be permitted to accumulate. In
no case shall material that is not salvageable be buried or used as fill.
3. In any open storage area, it shall be prohibited to keep any ice box,
refrigerator, deep- freeze locker, clothes washer, clothes dryer, or similar
air -tight unit having an interior storage capacity of one and one -half cubic
feet or more, from which the door has not been removed.
P. Sexually- Oriented Business . - - - { Formatted: Bullets and Numbering
1. General
These requirements apply to all sexually- oriented businesses as defined in
this UDO.
A business is not exempt from regulation under this UDO because it holds
a license or permit under the Alcoholic Beverage Code authorizing the sale
or service of alcoholic beverages or because it contains one or more coin -
operated machines that are subject to regulation or taxation, or both
under State law.
Regulations contained within this UDO pertaining to sexually- oriented
businesses are based on evidence concerning the adverse secondary
effects of adult uses on the communities presented in findings
incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41
(1986) and in studies set out below:
Detroit, Michigan
Amarillo, Texas
Los Angeles, California
Indianapolis, Indiana
Phoenix, Arizona
St. Paul, Minnesota
6 -8
Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 6. Zoning Districts
Section 6.3, Specific Use Standards `- Deleted: 6.3
Inserted: 6.3
Beaumont, Texas
Seattle, Washington Deleted: 6.36.36.5
Austin, Texas ( Inserted: 6.36.3
2. Permitted Locations - - - { Formatted: Bullets and Numbering
In order to provide reasonable alternative avenues of communication and
available sites for sexually- oriented businesses, ten (10) potential sites
have been identified throughout the City of College Station. A sexually -
oriented business is a permitted use in the following ten locations only and
subiect to the specific standards located in this Section and are also
subiect to other applicable regulations of this UDO.
a. Map of Ten Potential Locations:
t - - {Formatted: Bullets and Numbering
6 -9
Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 6. Zoning Districts
Section 6..1 Specific Use Standards - Deleted: 6.3
Deleted: 6.36.36.5
(1) Area 1: Wellborn Roffid Industrial Area Inserted: 6.3
A part of Tract 29. a parcel of land Tying and being situated in the
Robert Stevenson League, Abstract No. 54. a 100.0 acre tract Inserted: 6.36.3
conveyed to B. O. Ellington by deed recorded in Volume 328, Page 340 Formatted: Font: Not Bold
and a 100.0 acre tract conveyed to B. O. Ellington by deed recorded in
Volume 327, Page 533 all in the Deed Records of Brazos County.
Texas. The portion of Tract 29 totaling approximately 101 acres that
is located no less than 800' from the external property boundaries of
the original 200 acre tract.
(2) Area 2: State Highway 6 Commercial Area . - Formatted: Bullets and Numbering j
All that certain tract or parcel of land lying and being situated in the R. • - - - Formatted: Indent: Left: 1.5"
Stevenson Survey. Abstract No. 54, Tract 61, being all of that 2.116
acre tract conveyed to the Blue Dolphin Club, Inc. by deed recorded in
volume 2079. page 133 in the Official Records of Brazos County.
Texas.
3) Area 3: Highway 6 Business Center Tract
• - - - Formatted: Bullets and Numbering
A part of Tract 14.11. a parcel of land Tying and being situated in the
S. W. Robertson Survey, convened to Pebble Creek Development
Company. The portion of Tract 14.11 totaling approximately 29 acres
is more specifically described by metes and bounds below save and
except the area no less than 500' from all property boundaries
referenced below:
Beginning at the northeast right -of -way line of State Highway 6 at the
most southerly corner of the College Station Business Centre
subdivision as recorded in the Official Records of Brazos County, Texas
by plat in volume 3490 page 267.
Thence N 49° 48' 48" E - 2616.35 feet along the southerly property
line of the College Station Business Centre to the easterly most corner
of said subdivision for a corner. That corner being further described
in the plat recorded in volume 3764 page 130.
Thence S 39° 6' 7" W - approx. 2573.55 across a tract owned by
Pebble Creek Development Company called by the Brazos County
Appraisal District as A020201 S W Robertson (ICL) Tract 14.11
(289.57 AC) to a property corner. Said corner being the
southeasterly most corner of Tract 14.11.
Thence S 86 31'08 "W - 1095.55 feet to a point along the southerly
most property line of that tract owned by Pebble Creek Development
Company called by the Brazos County Appraisal District as A020201 S
W Robertson (ICL) Tract 14.11 (289.57 AC).
Thence S 86 30' 08" W - 2106.85 feet continuing along the
southerly most property line of that same tract owned by Pebble Creek
Development Company to a point for a corner, said point also being on
the northeast right -of -way line of State Highwav 6.
Thence N 40° 10' 24" W - 659.47 feet along the northeast line of the
State Highway 6 right -of -way to the point of beginning and containing
approximately 29 acres.
(4) Area 4: • - - - { Formatted: Bullets and Numbering
(5) Area 5:
(6) Area 6:
6 -10
Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 6. Zoning Districts
I Section 6 Specific Use Standards ,- - Deleted: 6.3
(7) Area 7: . Deleted: 6.36.36.5
(8) Area 8: \‘‘ Inserted: 6.3
(9) Area 9: Inserted: 6.36.3
(10) Area 10:
3. Single Adult Use Per Location Formatted: Bullets and Numbering
There shall only be one sexually- oriented business permitted per area, , - Deleted: on a single premise.
4. Measurement * - - - Formatted: Bullets and Numbering
a. Stock in Trade
Stock in trade shall be the number of items in stock in the sales and
display area at the time of a site inspection. The number of sexually -
oriented items shall be calculated as a percentage of total items.
b. Sales and Display Area
(1) The sales and display area shall be the entire interior floor space
of a business establishment devoted to sales and display,
including aisles, measured in square feet at the time of a site
inspection. The floor space devoted to sales and display of
sexually- oriented materials shall be calculated as a percentage of
total sales and display area.
(2) Where sexually- oriented materials are physically separated from
other materials by an eight -foot wall, the separate sales and
display area (including any aisles) shall be compared to the total
sales and display floor area.
(3) Where floor area includes a mixture of sexually- oriented material
with any other material, it shall be counted as sexually oriented.
Any such area shall include one -half of the area of any aisles
adjacent to the display or sales of sexually- oriented materials.
5. Specific Standards • - - - { Formatted: Bullets and Numbering
a. Adult Cabaret or Adult Retail Store
Any performance area shall be elevated at least 24 inches above the
level of the patron seating areas and shall be separated by a distance
of at least six feet from all areas of the premises to which patrons
have access. A continuous railing at least three feet in height,
securely attached to the floor, and located at least six feet from all
points of the live performance area shall separate performance areas
and patron areas.
b. Adult Arcade, Adult Movie Theater
(1) All aisles shall have theater runway and aisle lighting which
illuminates the entire floor surface of the aisle at a level of not
less than 0.2 foot - candles.
(2) All theater viewing areas, projection rooms, and viewing booths
or rooms shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination so that any patron may be
observed from a manager's or employee's station.
(3) The interior of an adult arcade, and /or adult viewing booth or
room, shall be configured in such a way that there is an
unobstructed view from a manager's or employee's station of
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Unified Development Ordinance 6/13/03 City of College Station, Texas
6. Prohibited Locations
No sexually- oriented business may be located on any lot with frontage
upon Texas Avenue (State Highway 6- Business), Earl Rudder Freeway
(State Highway 6), Raymond Stotzer Parkway (FM 60), University Drive
(FM 60) or Harvey Road (State Highway 30). Furthermore, no sexually -
oriented business may be located upon any lot located within 500 feet of
the rights -of -way of the thoroughfares named above.
7. Separation Requirements
a. Measurement
The following separation requirements shall be measured from the lot
line of a sexually- oriented business to the lot line of any protected use
listed below or other sexually- oriented business in a straight line
without regard to intervening structures or objects. Where a multi -
tenant facility such as a shopping center is involved, measurement
shall occur from the boundary of the leasehold interest instead of the
property line.
b. Protected Uses
For the purpose of measuring separation from sexually- oriented
businesses, "protected uses" shall include the following:
(1) Public or private elementary or secondary schools;
(2) Public parks and playgrounds;
(3) Public or private community centers;
(4) Public or private colleges or universities;
(5) Indoor or outdoor stadiums;
(6) Religious institutions;
(7) Hospitals;
(8) Public Libraries;
(9) Chartered museums; and
(10) Cultural entertainment facilities.
c. Distance Requirements
The following distance separation requirements shall be observed.
Any Any Other Type Other
Sexually Oriented Protected Residential 1 Adult Type 2 Adult
Business Use District Use Use
Type 1: Limited Adult
Retail Store, Escort N/A N/A N/A N/A
As enc
Type 2: All other 1,000
Sexually- Oriented feet 500 feet N/A 1,000 feet
Businesses
d. Specific Nonconforming Use Provisions
A sexually- oriented business lawfully operating in conformance with
this UDO shall not be rendered a nonconforming use by the location,
subsequent to its lawful establishment, of a protected use listed in
paragraph b above in violation of the distance requirements in
paragraph c, above.
Article 6. Zoning Districts
1 Section E, Specific Use Standards - Deleted: 6.36.36.5
Inserted: 6.36.3
Beaumont, Texas
Seattle, Washington
Austin, Texas
2. Permitted Locations - - Formatted: Bullets and Numbering
In addition to Section 6.2.C, Use Table, sexually- oriented business are
also permitted uses in the following locations subject to the specific
standards located in this Section and are also subject to other applicable
regulations of this UDO. Sexually- oriented businesses located in the
following special areas are exempt from the distance requirements
outlined in Section 6.3.P.8(c) for protected uses and residential zoning
districts.
a. Special Area 1: Wellborn Road Industrial Area • - - { Formatted: Bullets and Numbering
A part of Tract 29, a parcel of land Iving and being situated in the
Robert Stevenson League, Abstract No. 54, a 100.0 acre tract
conveyed to B. 0. Ellington by deed recorded in Volume 328, Page 340
and a 100.0 acre tract convened to B. 0. Ellington by deed recorded in
Volume 327, Page 533 all in the Deed Records of Brazos County,
Texas. The portion of Tract 29 totaling approximately 101 acres that
is located no less than 400' from the external property boundaries of
the original 200 acre tract.
b. Special Area 2: State Highway 6 Commercial Area • f Formatted: Bullets and Numbering
(1) Lots 1 and 2 of the Cooper's Subdivision totaling 5.0 acres and
recorded in volume 4708, page 230 of the Brazos County Official
Records.
(2) Lots 1 and 2 of the Harley Subdivision totaling 6.32 acres and
recorded in volume 3961, page 236 of the Brazos County Official
Records.
(3) All that certain tract or parcel of land Iving and being situated in
the R. Stevenson Survey, Abstract No. 54, Tract 61.12, being all
of that 0.86 acre tract conveyed to Stephen W. Vaughan
referenced in a deed recorded in volume 3815, page 34 in the
Official Records of Brazos County, Texas.
(4) All that certain tract or parcel of land Iving and being situated in
the R. Stevenson Survey, Abstract No. 54, Tract 61, being all of
that 2.116 acre tract convened to the Blue Dolphin Club, Inc. by
deed recorded in volume 2079, page 133 in the Official Records
of Brazos County, Texas.
(5) A part of Tract 43.1, a parcel of land lying and being situated in
the R. Stevenson Survey, Abstract No. 54, an 80.58 acre tract
conveyed to M. D. Wheeler, Ltd. by deed recorded in volume
3007, page 341 in the Official Records of Brazos County, Texas.
The southernmost portion of Tract 43.1 totaling approximately
8.4 acres that is located between the Harley Subdivision and
Cooper's Subdivision referenced above and the floodolain /stream
designation on the City's Comprehensive Plan.
c. Special Area 3: Highway 6 Business Center Tract
A part of Tract 14.11, a parcel of land Iving and being situated in the
S. W. Robertson Survey, conveyed to Pebble Creek Development
Company. The portion of Tract 14.11 totaling approximately 29 acres
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Unified Development Ordinance 6/13/03 City of College Station, Texas
Article 6. Zoning Districts
1 Section Sze Soecific Use Standards { Deleted: 6.36.36.5
Inserted: 6.36.3
is more specifically described by metes and bounds below save and
except the area no less than 400' from all property boundaries
referenced below:
Beginning at the northeast right -of -way line of State Highway 6 at the
most southerly corner of the College Station Business Centre
subdivision as recorded in the Official Records of Brazos County, Texas
by plat in volume 3490 page 267.
Thence N 49 48' 48" E - 2616.35 feet along the southerly property
line of the College Station Business Centre to the easterly most corner
of said subdivision for a corner. That corner being further described
in the plat recorded in volume 3764 page 130.
Thence S 39° 6' 7" W - approx. 2573.55 across a tract owned by
Pebble Creek Development Company called by the Brazos County
Appraisal District as A020201 S W Robertson (ICL) Tract 14.11
(289.57 AC) to a property corner. Said corner being the southeastern
most corner of Tract 14.11.
Thence S 86 31'08 "W - 1095.55 feet to a point along the southerly
most property line of that tract owned by Pebble Creek Development
Company called by the Brazos County Appraisal District as A020201 S
W Robertson (ICL) Tract 14.11 (289.57 AC).
Thence S 86° 30' 08" W - 2106.85 feet continuing along the
southerly most property line of that same tract owned by Pebble Creek
Development Company to a point for a corner, said point also being on
the northeast right -of -way line of State Highway 6.
Thence N 40° 10' 24" W - 659.47 feet along the northeast line of the
State Highway 6 right -of -way to the point of beginning and containing
approximately 29 acres.
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3. Single Adult Use Per Location {Formatted: Bullets and Numbering
There shall only be one sexually - oriented business permitted on a single
premise.
4. Measurement - - -( Formatted: Bullets and Numbering
a. Stock in Trade
Stock in trade shall be the number of items in stock in the sales and
display area at the time of a site inspection. The number of sexually -
oriented items shall be calculated as a percentage of total items.
b. Sales and Display Area
(1) The sales and display area shall be the entire interior floor space
of a business establishment devoted to sales and display,
including aisles, measured in square feet at the time of a site
inspection. The floor space devoted to sales and display of
sexually- oriented materials shall be calculated as a percentage of
total sales and display area.
(2) Where sexually- oriented materials are physically separated from
other materials by an eight -foot wall, the separate sales and
display area (including any aisles) shall be compared to the total
sales and display floor area.
(3) Where floor area includes a mixture of sexually- oriented material
with any other material, it shall be counted as sexually oriented.
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Unified Development Ordinance 6/13/03 City of College Station, Texas
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