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HomeMy WebLinkAbout2004-2753 - Ordinance - 09/23/2004ORDINANCE NO. 2753 AN ORDINANCE REPEALING AND REPLACING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,", REPEALING SECTION 17, "SEXUALLY-ORIENTED COMMERCIAL ACTIVITIES" OF CHAPTER 4 "BUSINESS REGULATIONS", AND ARTICLE K, "DRIVEWAY ACCESS LOCATION AND DESIGN POLICY" OF SECTION 3, "DEVELOPMENT OF STREETS" OF CHAPTER 3 "BUILDING REGULATIONS" ALL OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION. TEXAS, AS SET OUT BELOW, PROVIDING A SEVERABILITY CLAUSE, DECLARING A PENALTY. AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS PART I: That Chapter 12. "Umfied Development Ordinance," of the Code of Ordinances of the City of College Station, Texas, be repealed and Chapter 12, "LImfied Development Ordinance" ~s hereby adopted as scl out in Exhibit "A". attached hereto and made a part of this ordinance for all purposes. PART 2: That Sect~ou 17, "Sexually Oriented Commercial Activities", of Chapter 4. "Business Regulations" of the Code of Ordinances of the C~ty of College Statmn, Texas ~s hereby repealed PART 3 That Article K. "Driveway Access Locauon and Design Policy" of Section 3, "Development of Streets" of Chapter 3, "Building Regulations" of the Code of Ordinances of the C~ty of College Station, Texas Is hereby repealed PART 4 That if any provisions of any seclion of this ordinance shall be held to be void or unconstmfllonal, such holding shall m Ilo way effect the vahdity of the remaining prowsmns or sections of this ordinance, which shall remain in full force and effect PART 5 That any person, finn. or corporauon wolating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conv,ctlon thereof shall be pumshable by a fine of not less than Twenty-five Dollars ¢$25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be penn~tted to continue. shall be deemed a separate offense Said Ordinance, being a penal ordinance, becomes effective ten 1101 days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station PASSED, ADOPTED and APPROVED this 23rd day of September, 2004 A'ITEST. Conme Hooks, City Secretary APPROVED: APPROVED City Atlonley 0 group legal ordtnance amen, lm~ntform do.. ORDINANCE NO.2753 Page 2 Exhibit"A" Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of College Station, Texas. is repealed and replaced with the following "Unified Development Ordinance" containing Articles I -I l, atlached hereto and made a part of this ordinance for all purposes ~ ~u Iordman, e 20041atta, I~ $ - urlo ordinance 2753 do, 92904 \ '~ "'\\ \ \ \ \ PERMITTED LOCATIONS FOR SOE Special Area "3" Legend Speml ~a"3' 400' Exclusmn BuYer Article 1. General Prows~ons Secbon I I Short T~tle Article 1. General Provisions 1.1 1.2 1,3 1.4 Short Title Th.s Ordinance shall be offioally known and oted as the Umfied Development Ordinance (UDO) of the Oty of College Stabon, Texas. References to "th~s Ordinance" or ~th~s UDO" shall be interpreted as references to th~s Umfled Development Ordinance. Authority Th~s UDO ~s adopted under authority of the const~tubon and laws of the State of Texas, ~nclud~ng parbcularly Chapters 211 and 212, Texas Local Government Code, and pursuant to the provisions of the Charter and ordinances of the Oty of College Station, Texas. Scope and Purpose Th~s UDO ~s adopted for the purpose of promobng the pubhc health, safety, and general welfare of the c~bzens of the Oty of College Station. More specifically, th~s UDO prowdes for the dw~s~on of land Into d~fferent d~stncts, regulations pertmmng to such d~strlcts, regulabons for the subd~ws~on of land and drmnage regulations pertmnlng thereto. These regulations are designed ~n accordance with a comprehensive plan. The Oty of College Stabon's Comprehensive Plan ts the fundamental guide to all decisions made under th~s UDO. In order to ~mplement the bread goals of the plan, th~s UDO regulates land use and the d~wslon of land ~n order to achieve objecbves of the plan that ~nclude, but are not hm~ted to, the following: A. Promote the beneficial, economic, and appropriate development of all land and the most desirable use of land In accordance w~th a well-considered plan; B. Protect the character and the estabhshed pattern of des~reble development ~n each area; C. Prevent or m~mm~ze land-use Incompat~bd~t~es and confhcts among dtfferent land uses; D. Estabhsh a process that effectively and fmrly apphes the regulabons and standards of th~s UDO and respects the rights of property owners and the ~nterests of obzens; and E. Implements the Comprehenswe Plan through comphance w~th ~ts ~nd~wdual elements. Jurisdiction A. Land Within the City Limits Th~s UDO shall apply to all land w~thm the Oty L~m~ts of the Oty of College Stabon. All structures and land uses constructed or commenced after the effective date of th~s UDO, and all enlargements of, add.boris to, changes m, and relocatmns of ex~stmg structures and uses occumng after the effective date of th~s UDO shall be subject to this UDO. 1-1 Umfied Development Ordinance 06/13/03 Oty of College Stabon, Texas Article 1, General Provisions Section 1 5 Appllcablhty Land Within the Extraterritorial 3urlsdlctlon of College Station The Oty of College Station and Brazos County are, .lolntly, the primary platbng authority ~n the CRy's extraterritorial .lunsd~ct~on (ET3) m Brezos County. Burleson County ~s the primary platting authority ~n that porbon of the Oty's ET.1 which hes ~n Burleson County. The following Sectsons of th~s UDO shall apply to all pmperbes outside the Oty hm~ts of College Station, but lying w~th~n the Oty's ET3 as estabhshed by the IVtunlc~pal Annexation Act: 1. Apphcable porbons of Secbon 7.4, S~gns (ref. Chapter 1, Secbon 30, Oty of College Stabon Code of Ordinances); 2. Arbcle 8, Subd~ws~on Design and Improvements; 3. Arbcles 10, Enforcement; and 4. Apphcable defimbons w~thm Arbcle 11, Defln~bons. 1.5 Applicability A. In thmr interpretation and apphcabon, the prows~ons of th~s UDO shall be held to be minimum requirements 0nclud~ng cases where minimum requirements are stated as a maximum standard) adopted for the promotion of publ,c health, safety, and general welfare. B. Whenever the requirements of th~s UDO are at variance w~th the reqmrements of any other lawfully adopted rules, regulations, or ordinances, the reqmrement that ~s most restrictive or that ~mposes h~gher standards as determined by the Admlmstretor shall govern. C. The ~ssuance of any permit, certificate, or approval ~n accordance w~th the standards and reqmrements of th~s UDO shall not reheve the recipient of such permit, cerbficate, or approval from the respons~bd~ty of complying w~th all other apphcable reeqmrements of any other c~ty, state, or federal agency hawng ,lunsd~ctmn over the structures or land uses for which the permit, certificate, or approval was issued. 1.6 Relationship to the Comprehensive Plan A. It ~s Intended that th~s UDO ~mplement the Oty's planmng pohoes as adopted as part of the C~ty's Comprehensive Plan, as amended and periodically updated. a. The Oty's Comprehensive Plan, and any associated plans or studies adopted by the City Councd, shall be reqmred to be amended prior to, or concurrent w~th, perm~tbng development which would confhct w~th such plan. C. The ahgnments of proposed thoroughfares and b~keways on the "College Stabon Thoroughfare Plan map" and the "College Station B~keway and Pedestrian Plan map" are generahzed Iocabons that are subject to modifications to fit local conditions, budget constrmnts, and right-of-way avmlab~hty that warrant further refinement as development occurs. Ahgnments w~th~n 1,000 feet of the ahgnment shown on the aforemenboned maps wdl not reqmre a thoroughfare plan amendment. 1.7 Effective Date Th~s UDO shall become effecbve and be ~n full force and effect 90 days from ~ts passage and approval by the City Counol, as duly attested by the Mayor and Secretary. 1-2 Unified Development Ordinance 06/13/03 Oty of College Stabon, Texas Article ! General Provisions Secbon 1.8. Annual Review 1.8 Annual Review The CRy Councd shall rewew annually the Comprehensive Plan and th~s UDO. The rewew, or any delay ~n the rewew by the C~ty Councd, shall not affect the legahty of the Comprehensive Plan or th~s UDO. 1.9 Severablllty Should any secbon or provision of th~s UDO be declared by the courts to be unconstttut~onal or ~nvahd, such decision shall not affect the vahd~ty of the ordinance as a whole or any part thereof, other than the part so declared to be unconsbtubonal or ~nvahd. 1.10 Transitional Provisions A, Pending Construction 1. Building Permits As provided by Chapter 245 of the Texas Local Government Code, nothing ~n this UDO shall reqmre any change ~n plans, construction, s~ze or destgnated use of any budding, structure or part thereof that has been granted a building permit prior to the effecbve date of th~s UDO, or any amendment to this UDO, prowded construction shall beg~n consistent w~th the terms and cond~bons of the building permit and proceed to completion In a t~mely manner. 2. Approved Site Plans Nothing ~n th~s UDO shall require a change ~n a site plan approved prior to the effecbve date of th~s UDO, prowded a building permit ~s ~ssued prior to expiration of the sRe plan, and construction begins consistent w~th the terms and cond~bons of the building permit and proceeds to complebon in a bmely manner. Zoning Districts 1. Retained Districts The following zomng d~strlcts and district names in effect prior to the effecbve date of th~s UDO and represented on the official zomng map of the C~ty of College Station shall remain in effect. Those d~stncts are shown on the following table: A-O Agricultural-Open A-OR Rural Res~denbal Subdivision A-P Administrative Professional R-lB $~ngle-Famlly Residential R-1 $~ngle-Famdy Residential R-2 Duplex Residential R-3 Townhouse R-7 Manufactured Home Park C-1 General Commercial C-2 Commercial-Industrial M-2 Heavy Industrial WPC Wolf Pen Creek Dev. Corridor R&D Research & Development 1-3 Unified Development Ordinance 06/13/03 C~ty of College Station, Texas Arbcle 1 General Provisions Secbon ! ~.0 Transitional Provisions NG-1 H~storlc Northgate NG-2 Commercial Northgate NG-3 Res~denbal Northgate C-U College and Umvers~ty PDD Planned Development OV Corridor Overlay 2. Renamed Districts The following district, M-l, known as Planned Zndustmal prior to the adopbon of th~s UDO, shall henceforth be renamed M-:[, Light Zndustrlal. l Light Zndustr~al I The following dmtnct, R-6, known as Apartment High Density pmor to the adopbon of this UDO, shall hence forth be designated R-6, High Density Multi-Family. Combined Districts The districts listed below are hereby combined into the single zoning d~stnct hereafter designated as R-4, Multi-Family. R-4 Ri5 Density The districts hsted below are hereby combined into the s~ngle zomng district hereafter designated as C-2, General Commercial. ClB C-1 Bus~ness Commercial General Commercial The districts listed below are hereby combined ~nto the s~ngle zoning district hereafter designated as C-3, Light Commercial. C/N hborhood Business 1-4 Umfled Development Ordinance 06/J. 3/03 C~ty of College Station, Texas Arbcle 1, General Provisions Secbon 1,10 Transitional Provisions New Districts The following districts are hereby created and added to those in effect at the bme of adoption of this UDO. RDD P-MUD Redevelopment D~stnct Planned Mixed Use Develo 5. Redesignated District Henceforth all areas designated Ex~sbng Rural Residential (A-OX) shall be redes~gnated A-O Agricultural-Open. A-O rlcultureI-O Henceforth all areas designated Planned Umt Development (PUD) shall be redes~gnated Planned Development D~stricts (PDD). The ~nd~wdual ordinances that created the PUDs shall remmn ~n effect, along with all prowsions and conditions hsted thereIn. Any modification of a former PUD shall follow the prows~ons for PDDs listed herren. Planned Unit Develc )ment PDD Planned Development Districts Henceforth all areas designated R-lA shall be redes~gnated R-l, Single- Famdy Res~denbal. R-! , ResldenUal 1-5 Unified Development Ordinance 06/13/03 City of College Station, Texas Article ~.. General Provisions Section 1,10. Trans~bonal Prows~ons 6. Deleted Dlstrlctm The following d~strlcts not ex~st~ng on the off~oal zoning map on the effective date of th~s UDO are hereby deleted: C-PUD C-NG 1-6 Unified Development Ordinance 06/13/03 City of College Stat)on, Texas Article 2 Development Rewew Bodies Secbon 2 I Oty Council Article 2. Development Review Bodies 2.1 City Council General The Oty Counol wdl be responsible for final acbon regarding the text of th~s UDO and the Off~oal Zomng Map. Powers and Duties As prowded and estabhshed w~th~n the Oty of College Station Charter, the Oty Councd has the following powers and duties regarding th~s UDO: 1. Appointments The Oty Counol shall have the respons~bd~ty of appointing and remowng any member of the Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), and Design Review Board (DRB). Final Action The Oty Councd shall hear and take final acbon on the following: a. Oevelopment agreements and oversize part~opabon agreements for Oty part~opat~on m cost-sharing of infrastructure Improvements; b. Conditional use permits; c. Zomng map amendments (rezonmg); d. Text amendments; e. Comprehenswe Plan amendments; and f. Impact fee land use decisions and Capital Improvement Plan (C[P) pnonbes. 2.2 Planning and Zoning Commission Creation The Oty Counol shall prowde for the appointment of a Planmng and Zomng Commission and the regulations and restrictions adopted shall be pursuant to the prows~ons of apphcable statutory requirements of the State of Texas. Hembershlp and Terms 1. Number, Appointment A Planning and Zoning Commission is hereby created to consist of seven members. An ad hoc member shall be appointed to rewew ~mpact fee land use assumpbons m accordance with § 395.058 of the Texas Local Government Code. Members shall be residents of the Oty and ehg~ble voters. 2. Terms Terms of members of the Planmng and Zomng Commission shall be for two years or unbl thmr successors are appmnted. Four members shall be appmnted ~n even-numbered years and three members shall be appointed In odd-numbered years. 2-1 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 2. Development Rewew Bodies Section 2 2 Planmng and Zoning Commission 3. Term Limits Terms of office shall be hmlted to three (3) consecutive two-year terms or seven (7} consecutive years. 4. Vacancies Vacancies shall be filled by the C~ty Councd for the unexpired term of any member whose pos~bon becomes vacant. Officers, Meetings, quorum 1. Officers A Chmrperson shall be appointed annually by the City Council. The Planmng and Zomng Commission shall select a V~ce-Chmr from among ~ts members as needed. 2. Meetings Members of the Planmng and Zomng Commission shall meet regularly and the Chmrperson shall designate the t~me and place of such meetings. All meetings of the Commission where a quorum ~s present shall be open to the public. 3. Quorum Four (4) members shall constitute a quorum for the transaction of any bus~ness. Any recommendation advanced to the C~ty Council w~thout a majority of positive votes from those members present shall be deemed a negabve report. 4. Rules of Proceeding The Planmng and Zoning Commission shall adopt ~ts own rules of procedure. 5. Minutes The Planning and Zoning Commission shall keep minutes of ~ts proceedings, showing the vote of each member upon each quesbon, or, ~f absent or fmhng to vote, ~nd~cabng that fact and shall keep records of ~ts exam~nabons and other official actions, all of which shall be ~mmed~ately filed ~n the office of the Adm~mstrator and shall be a public record. Powers and Duties The Planning and Zomng Comm~sslon shall have the following powers and duties: ~.. Comprehensive Plan The Planning and Zomng Commission shall make recommendabons for the effecbve coord~nabon of the various C~ty departments, committees, and boards, ~n ~mplemenbng the Comprehensive Plan. 2. Recommendations The Planmng and Zomng Commission shall rewew and make recommendations to the City Council subject to the terms and conditions set forth for such uses ~n th~s UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezonlng); c. Text amendments; 2-2 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Article 2 Development Review Bodms Secbon 2 3, Zomng Board of AdJustment d. Comprehensive Plan amendments; e. Impact fee land use decisions; and f. Cap~tal Improvement Plan (CIP) priorities. Final Action The Planmng and Zomng Commission shall hear and take final acbon on the following: a. Applicable appeals of decisions of the Design Rewew Board; b. Prehm~nary and final plats (and ~n some cases, minor and amending plats); c. Wmvers of the standards ~n Article 8, Subdw~sion Design and Improvements; d. Requests for alternative arch~tecturel materials from those reqmred ~n Secbon 7.9, Non-Res~denbal Arch~tecturel Standards; e. Appeal of the Adm~mstrator's determmat~on that a proposed General Development Plan ~s not ~n comphance w~th the C~ty's adopted Comprehenswe Plan; f. Appeal of the Administrator's demal of a final m~nor or amending plat; and g. Appeal of the Adm~mstrator's demal of an alternative parking plan. Per Ordinance No. 2753 dated September 23, 2004 h. Appeal of the Administrator's mterpretat~on of the provisions of Chapter 9, Subdivision Regulabons, of the C~ty of College Stabon Code of Ordinances. Per Ordinance No. 2753 dated September 23, 2004 Staff The Adm~mstretor shall provide staff, as needed, to the Planmng and Zomng Commission, 2.3 Zoning Board of Adjustment Creation The C~ty Councd shall prowde for the appomtment of a Zoning Board of Ad.lustment (ZBA) and the regulations and restrictions adopted shall be pursuant to the prows~ons of apphcable statutory reqmrements of the State of Texas. Membership and Terms 1. Number, Appointment The Zomng Board of Adjustment shall consist of five members who are residents of the C~ty and ehg~ble voters. Appointment of members shall be made by the C~ty Council. The C~ty Councd may prowde for the appointment of four alternate members of the Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so. 2. Terms Each member of the Zoning Board of Adjustment shall be appmnted for a term of two years, except that two members appointed m~tlally shall have 2-3 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 2. Development Review Bodies Secbon 2.3. Zomng Board of Ad]ustment terms of only one year. After the ~nitlal appointments, two members shall be appmnted in odd-numbered years to mmntmn a membership of five members. Any alternate members appmnted shall serve for the same period as the regular members and any vacanoes shall be filled ~n the same manner as the regular members. Vacancies Vacanoes shall be filled by the Oty Counol for the unexpired term of any member whose term becomes vacant. CB Officers, Meetings, quorum 1. Officers A Chmrperson shall be appointed annually by the Oty Counol. The ZBA shall select a V~ce-Chmr from among Rs members as needed. 2. Meetings Meebngs of the Zomng Board of Adjustment shall be held at the call of the Chmrperson and at such other t~mes as the Board may determine. Such Chmrperson, or In h~s absence the acting Chmrperson, may adm~mster oaths and compel the attendance of witnesses. All meetings of the Board where a quorum is present shall be open to the pubhc. 3. Quorum All cases heard by the Zoning Board of Adjustment will always be heard by a m~mmum number of four members. Four members shall consbtute a quorum for transaction of bus~ness and no variance or appeal shall be granted w~thout a concurring vote of four members. 4. Rules of Proceeding The Zomng Board of Ad3ustment shall adopt ~ts own rules of procedure. S. Minutes The Zoning Board of Ad,lustment shall keep m~nutes of ~ts proceedings, indlcabng the vote of each member on each quesbon or the fact that a member ~s absent or falls to vote, and shall keep records of ~ts exammabons and other offioal acbons. The minutes and records shall be filed ~n the office of the Adm~mstrator and shall be a pubhc record. DB Powers and Duties The Zomng Board of Adjustment shall have the following powers and duties: 1. Variances a. To hear and decide requests for variance from the setback, parking number or d~mens~ons, parking ~sland number or dimensions, s~gn (excluding s~gn regulabons ~n the ETJ), maximum height, or lot s~ze or d~mens~on requirements of th~s UDO. Also, to hear and deode drainage variances (excluding landscaping provisions) when strict apphcat~on of the prowsmns of the ordinance would result m unnecessary hardship. b. Specifically excluded from the variance process are requests for rehef from a s~te plan requirement ~mposed by the Administrator when the requirement was necessary to gain comphance w~th the criteria for approval of a s~te plan m Section 3.5.E, S~te Plan Rewew Criteria. Such requests wdl be heard and dec~ded by the Design Review Board. 24 Umf~ed Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 2 Development Rewew Bodies Section 2.4. Design Review Board Also excluded are roadway and Infrastructure construction cntena and other subdivision regulabons contmned w~th Article 8, Subdivision Design and Improvements. Such requests shall require waivers granted by the Planmng and Zomng Commission. Administrative Appeals To hear and dec~de appeals where ~t ~s alleged there ~s error ~n any order, requirement, decision, ~nterpretabon, or determmabon made by the Adm~mstrator or h~s designee m the enforcement of th~s UDO. Official Zoning Map To interpret the :ntent of the Official Zoning Map where uncertmnty ex:sts because the phys:cal features on the ground vary from those on the Offic:al Zomng Map. Staff The Adm~mstrator shall prowde staff, as needed, to the Zomng Board of Adjustment. 2.4 Design Review Board Creation A Design Rewew Board is hereby estabhshed by the C~ty of College Station for the purpose of enhancing the C~ty's ab~hty to rewew s~gn, budding, and site design ~ssues, Including architectural ~ssues as specified In this UDO, by bringing experbse from the community to bear on these ~ssues ~n designated design d~stncts. Per Ordinance No. 2753 dated September 23, 2004 Membership and Terms 1. The Design Rewew Board shall consist of seven regular members and two alternate members. Slx of the regular members and the two alternate members shall be appointed by the C~ty Councd. City Council shall appoint the following to the Design Rewew Board: a. Registered architect b. Bus~ness person c. Landscape architect d. Developer or land owner ~n a design d~strlct e, Person knowledgeable ~n aesthetic Judgment f. C~t~zen-at-large Of the members hsted above, at least two shall be owners of property or a business w~th~n a design district, a resident w~th~n a design district, or an ~nd~wdual employed within a design d~stnct. The seventh regular member shall be the Chmrman of the Planning and Zoning Commission or his designee. Per Ordinance No. 2647, dated Suly lO, 2003. Members shall be appointed for two-year terms. 2-5 Umfied Development Ordinance 6/~.3/03 C~ty of College Station, Texas Article 2 Development Review Bodies Section 2 4 Design Rewew Board 3. The Design Rewew Board ~s a governmental body and shall comply w~th the Open Meebngs Act. Officers, Meetings, Quorum 1. Officers A Chmrperson shall be appointed annually by the C~ty Councd. The Board shall select a Wce-Chmr from among ~ts members as needed. 2. Meetings Members of the Design Rewew Board shall meet regularly and the Chmrperson shall designate the t~me and place of such meebngs. All meetings of the Board where a quorum ~s present shall be open to the pubhc. 3. Quorum Four members shall constitute a quorum for the transacbon of any bus~ness. Any recommendabon or decision which does not receive a majority of positive votes from those members present shall be deemed a negabve report. 4. Rules of Proceeding The Design Review Board shall adopt ~ts own rules of procedure. 5. Minutes The Design Rewew Board shall keep minutes of ~ts proceedings, showing the vote, ~nd~cat~ng such fact, and shall keep records of ~ts examinations and other official actions, all of which shall be ~mmedlately filed ~n the office of the Adm[mstrator and shall be a pubhc record. Powers and Duties The Design Rewew Board has the following powers and dubes: 1. Site and Concept Plans The Design Review Board shall hear and take final action on design d~stnct s~te plans and concept plans for Planned Development D~stncts (PDD) and Planned M~xed-Use D~stncts (P-MUD). 2. Design District and Overlay District Review The Design Rewew Board shall approve or deny budding and s~gn materials and colors ~n any designated design d~stnct, and shall approve or deny all alternate budding or fence materials and fence height ~n the Krenek Overlay D~stnct, as specified w~th~n th~s UDO. Per Ordinance No. 2716, dated April, 2004. 3. Northgate and Wolf Pen Creek Parking Appeals The Design Rewew Board shall hear and dec~de variance requests to the amount of required parking ~n the Wolf Pen Creek (WPC) and Northgate (NG) d~stncts. 4. Driveway Appeals The Design Rewew Board shall hear appeals to decisions of the Development Engineer regarding driveway appeals. 2-6 Umf~ed Development Ordinance 6/13/03 C~ty of College Station, Texas Article 2. Development Review Bodies Secbon 2 5 Administrator 5. Appeal of Requirement Based on Site Plan Review Criteria The Design Rewew Board shall hear and dec~de appeals of the Administrator's apphcat~on of s~te plan requirements to assure comphance w~th Section 3.5.E, S~te Plan Rewew Criteria. 6, Buffer Appeals The Design Rewew Board shall hear appeals of buffer requirements hsted in Section 7.6, Buffer Requirements. Staff The Adm~mstrator shall provide staff, as needed, to the Design Rewew Board. 3.. Where such authority has been delegated by the Planmng and Zomng Commission, the C~ty staff shall approve m~nor changes to s~te plans prewously approved by the Planmng and Zomng Commission. 2. Where such authority has been delegated by the Design Rewew Board, the C~ty staff shall approve m~nor changes to building and s~gn materials and colors prewously approved by the Design Rewew Board. 2,$ Administrator Designation The C~ty Manager shall designate the Adm~mstrator for the C~ty of College Stabon. Where th~s UDO assigns a respons~bd~ty, power, or duty to the Adm~mstrator, the Adm~mstrator may delegate that respons~bd~ty, power, or duty to any other agent or employee of the C~ty whom the Adm~mstrator may reasonably determine. Powers and Duties The Adm~mstrator shall have the following powers and dubes: 3., Administration and Enforcement The Adm~mstrator shall admimster and enforce the prows~ons of th~s UDO. 2, Interpretation The Adm~mstrator ~s responsible for ~nterpretmg the prows~ons of th~s UDO and the prows~ons of Chapter 9 of the CRy of College Station Code of Ordinances (Subd~ws~on Regulabons). The Administrator shall make written ~nterpretabons of th~s UDO and Subd~ws~on Regulations, when requested, setting forth the reasons and explanat;on therefore. Per Ordinance No. 2753 dated September 23, 2004 :3. Building Permits The Administrator shall rewew and certify that the proposed construcbon, mowng, alteration, or use of the land e~ther does or does not comply w~th the provisions of th~s UDO prior to issuance of a Building Permit by the Budding Official. 4. Final Action The Administrator shall rewew and take final action on the following: a. $~gn permits; b. S~te plans (not Design D~stnct s~te plans); ¢. Admm~stratwe adjustments; 2-7 Umfied Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Article 2 Development Review Bodies Secbon 2 6 BuddLng Official d. M~nor and amending plats; u. Determ~nabon of budding plot (Secbon 7.1, General Prows~ons); f. M~nor design d~stnct projects; g. Alternabve parking plans for s~te-planned facd~t~es (Secbon 7.2, Off- Street Parking Standards); and h. Alternabve parking plans (Section 7.2, Off-Street Parking). Per Ordinance No. 2753 dated September 23, 2004 2.6 2.7 Other Duties The Adm~mstrator shall perform other dubes imposed under the prows~ons of the College Stabon C~ty Code of Ordinances, as amended from bme-to- time. Building Official A. Designation The Administrator shall designate the Building Official for the C~ty of College Station. The Budding Official may delegate that respons~bd~ty, power, or duty to any other agent or employee of the City whom the Budding Official may reasonably determine. Powers and Duties The Budding Official shall have the following powers and dubes: Building Inspections The Building Official shall have the power to conduct ~nspect~ons of buddings and premises to carry out h~s duties here~n and to determine comphance w~th the prows~ons of th~s UDO. 2. Building Permite The Budding Official shall ~ssue Budding Permits. 3. Certmcete of Occupancy The Budding Official shall ~ssue Cerbficates of Occupancy. 4, Certlflcetes of Completion The Budding Official shall ~ssue CeKc~flcates of Complebon. Development Engineer A, Designation The Administrator shall designate the Development Engineer for the C~ty of College Station. a. Responsibility The Development Engineer, or h~s designee, shall implement, adm~mster, and oversee the prows~ons, terms, and cond~bons of all eng~neenng and flood hazard protecbon requirements w~th~n th~s UDO. The Development Engineer may delegate that respons~bd~ty, power, or duty to any other agent or employee of the C~ty whom the Development Engineer may reasonably determine. 2-8 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Arbcle 2 Development Rewew Bodies Section 2.7 Development Engineer Powers and Duties The Development Engineer has the following powers and duties ~n regard to eng~neenng reqmrements and flood hazard protecbon: 1. Rewew and approve, approve w~th cond~bons, or deny driveway apphcabons; 2. Maintain and hold open for pubhc ~nspect~on all records pertmmng to the prows~ons of the flood hazard protecbon regulabons; 3. Rewew and approve, approve w~th cond~bons, or deny all apphcabons for development permits; 4. Assure that adequate inspection of construction permitted under the terms and prows~ons of th~s UDO are carned out ~n accordance w~th the permitted plan; 5. Mmntmn, update, and prowde to ~nterested part~es at a reasonable cost the effecbve C~ty Drmnage Pohcy and Design Standards/Eng~neenng Standards Manual; 6. Assure that adequate mmntenance of drmnage pathways, ~nclud~ng altered or relocated waterways, ~s prowded such that capaoty for carrying stormwater flows ~s mmntmned; 7. Prowde ~nterpretat~on, where reqmred, of boundaries of Areas of Special Flood Hazard, location of floodway, and water surface elevabons, when d~sputes arise dunng rewew; 8. Prowde ~nformat~on to the Zomng Board of AdJustment, Mumopal Court, or City Councd, as apphcable on all variance requests, adm~n~strabve appeals, enforcement acbons, and proposed amendments to the Drmnage Pohcy and Design Standards as required; 9. Rewew and ubhze any acceptable new flood study data ~n accordance w~th the Drmnage Pohcy and Design Standards; 10. Nobly adjacent commumbes and the Texas Commission on Enwronmental Quahty (TCEQ), formerly TNRCC, prior to any alterabon or relocation of a watercourse, and submit ewdence of notification to the Federal Insurance Adm~mstrat~on; 11. Rewew and make recommendations to the Oty Councd concermng Development Agreements; 12. Tnterpret the terms and prows~ons of Section 7.8, Drmnage and Stormwater Management, as required, as they apply to each project, ~n accordance w~th the stated purpose of that Secbon; 13. Rewew permits for proposed development to ensure that all necessary permits have been obtained from those Federal, State, or local governmental agencies (~nclud~ng Secbon 404 of the Federal Water Pollubon Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval ~s required; and 14. Rewew and approve or deny alternative materials or standards for s~te construction. 2-9 Umned Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 2 Development Review Bodies Secbon 2 7 Development Engineer 2.8 Summary of Review Authority The following table summarizes the authority of the various rewew bodies and staff. CITY COUNCIL Oversize Parbc~pat~on D R Development A~reement D RR R Cond,bonal Use permit D R RR Zomng Map Amendment D R RR Text Amendment D R RR Comp Plan Amendment D R RR Impact Fee/CIP PnonUes D R PLANNING & ZONING COHH~SS~ON Prehm~nary Plat D RR R A Anal Plat D RR R A Wmver of Subd,ws,on D RR R A Standard Alternative Arch. Material D R ZONING BOARD OF AD.1USTMENT Variance D RR RR RR A Administrative Appeal D R A Zomng Map Interpmtabon D R A DESIGN REVIEW BOARD Design D~stnct S~te Plan A D R PDD/P-MUD Concept Plan A D R Design D~stnct Bulld~ng/S~gn A D R Review NG & WPC Parkm9 Appeal A D R ADMINISTRATOR [nterpretabon A" A D S~gn Permit A D S~te Plan A A' D Adm~mstrabve Adlustment A D Design D~stnct Budding Or A D S~gn, Minor M~nor or Amendm9 Plat A D R PD Concept Plan M~nor A D Amend Alternabve Parkln~l Plans A D R BUiLDiNG OFF[CLRL Budding Permit D Cerbficate of Occupancy R D Cerbflcate of Complebon R D R DEVELOPMENT ENGINEER Development Permit D Driveway Apphcabon A D Altematwe Const Material A D 'Section 3.5 E, S~te Plan Rewew Criteria and 3.6.E, Design D~strlct General S~te Plan Review Criteria Only '*Subdivision Regulations Only KEY: D--Final Action/Decision &--Appeal R=Recommend RR=Rewew/Report Per Ordinance No. 2753 dated September 23, 2004 2-).0 Umhed Development Ordinance 6/.!.3/03 C~W of College Station, Texas Article 3. Development Review Procedures Se~bon 3 i General Approval Procedures Article 3. Development Review Procedures General Approval Procedures A. Conformity with Unified Development Ordinance (UDO) and the Comprehensive Plan The prows~ons of th~s UDO and the Comprehensive Plan shall apply to and be b~ndmg on any and all persons, firms, or corporations who s~ngly or lo~ntly seek to develop, redevelop, or otherwise change ex~sbng land w~th~n the corporate hm~ts of the City of College Stabon and, where applicable, ~ts extratemtor~al jurisdiction (ET.]). Comphance w~th the UDO and the Comprehensive Plan ~ncludes the dedlcabon and construcbon of ~dentlfled Infrastructure, r~ght-of- way or ~mprovement of specified facdlt~es ~nclud~ng but not hm~ted to s~dewalks, bikeways, thoroughfares, etc. B. Preapplication Conference Prior to the submission of an apphcat~on reqmred by th~s UDO, a preapplicatlon conference with the Development Staff may be required. Preapphcabon Conferences w~th Development Staff are to discuss, ~n general, procedures, standards, or regulabons relabng to development. The Preapphcabon Conference ~s not considered a "permit" and does not vest a proposal. Per Ordinance No. 2753 dated September 23, 2004 Mandatory Conference A mandatory Preapphcabon Conference with the Development Staff shall be required for: a. Development permits w~th areas of special flood hazard; b. Design d~strlct s~te plans; c. Development plats; d. Master Plans; e. Cond~bonal use permits; f. Zomng map amendments (rezomngs); and g. Concept plans (PDD and P-MUD zoned properties). Upon consideration of the proposal, the Adm~mstrator may waive the requirement for a mandatory Preapphcabon Conference. Per Ordinance No. 27S3 dated September 23, 2004 2. Optional Conference A Preapphcabon Conference ~s opbonal for all other apphcat~ons. Apphcants are encouraged to schedule and attend an opbonal Preapphcabon Conference with the Development Staff prior to subm~tbng any apphcabon. 3. Submittal Requirements The Adm~mstrator may require the apphcant to submit ~nformabon prior to the Preapphcat~on Conference to allow staff time to review the proposal. C. Application Forma and Fees The following regulations shall apply to all apphcatlons: 3-~ Umt'~ed Development Ordinance 6/:!.3/03 City of College Station, Texas Article 3 Development Rewew Procedures Approval Procedures Secbon 3 I General 1. Forme Apphcat~ons required under th~s UDO shall be submitted on forms, w~th any requested ~nformabon and attachments, and ~n such numbers, as required by the C~ty, including any checklists for submittals. The Administrator shall have the authority to request any other perbnent Information required to ensure comphance w~th th~s UDO. Electronic Submission Required All plats and s~te plans shall be prepared and submitted upon request In an electromc form acceptable to the Adm~mstrator and compabble w~th the C~ty's Geographic Information System (GIS). Fees a. RUng fees shall be estabhshed from bme-to-bme by resolubon of the C~ty Councd for the purpose of defraying the actual cost of processing the apphcatlon. b. All required fees shall be made payable to "The C~ty of College Station." c. An apphcant who has prod the appropnata fee pursuant to submission of an apphcabon, but who chooses to w~thdraw such apphcabon prior to any not~ficabon, rewew, or action taken, shall be entitled to a refund of 50 percent of the total amount prod upon written request to the CRy. The filing fee required for text or map amendments shall not be refundable. d. The Adm~mstrator may waive or reduce development-related fees on a case-by-case bas~s. The following criteria may be used by the Adm~mstrator to evaluate such requests: (1) The apphcant ~s not financially able to pay the fees. (2) The C~ty ~s requesbng a change to the approved plat. Application Deadline All apphcabons shall be completed and submitted to the Adm~mstrator ~n accordance w~th a schedule estabhshed annually by the City. An apphcat~on shall not be considered officially submitted until ~t has been determined to be complete ~n accordance with the following paragraph. Application Completeness An apphcation shall be considered submitted only after the Adm~mstrator has determined ~t ~s complete, ~f ~t ~s prowded ~n the required form, ~ncludes all mandatory mformabon 0ncludmg all exhibits), and Is accompamed by the apphcable fee. A determination of apphcat~on completeness shall be made by the official responsible for accepbng the apphcat~on within five working days of turmng ~n an apphcat~on. If an apphcat~on ~s determined to be incomplete, the official responsible for accepting the application shall prowde written nobce to the apphcant along w~th an explanabon of the apphcabon's deficiencies. No further processing of the apphcabon shall occur until the deficiencies are corrected. If the deficiencies are not corrected by the apphcant w~th~n 30 days, the apphcabon shall be null and void and the apphcat~on fee forfeited. Per Ordinance No, 2753 dated September 23, 2004 3-2 Unified Development Ordinance 6/13/03 C~L-y of College StaUon, Texas Article 3 Development Review Procedures Section 3 I General Approval Procedures Fw Required Public Notice 1. Summary of Notice Required Nobce shall be required for development rewew as shown In the following table. Comprehensive Plan Amendment X X Zomng Map Amend (Rezonmg) X X X UDO Text Amendment X X Condlbonal Use Permit X X X Subd~ws~on - Replats* x* x* X Design D~stnct - S~te Plan/Bldg X Variances X X X Appeals - S~te Plan & Driveway X Waiver - Subd~ws~on Design X Wmver - Buffer Requirements X Adm~mstrabve Appeals X X Only when required per the Local Government Code. 2. Specific Notice Requirements a. Published Notice A Public Hearing Notice shell be placed by the Administrator at least once ~n the offloal newspaper of the Oty not less than 15 calendar days prior to the meebng for the purpose of notifying the pubhc of the bme and place of such pubhc heanng and the substance of the pubhc heanng agenda ~tems that may be considered or reviewed. b. Mailed Notice A notme of pubhc heanng shall be sent to owners of record of real property, as ~nd~cated by the most recently approved mumopal tax roll, w~thm 200 feet of the parcel under conslderetlon. The notice may be served by Its deposit ~n the mun~opahty, properly addressed w~th postage prod, ~n U.S. mini at least ten (10) days prior to the date set for the pubhc heanng. c. Content of Notice A published or mailed not~ce shall prowde at least the following specific information: (1) The general location of land that is the subject of the apphcabon; (2) The substance of the apphcat~on, ~nclud~ng the magnitude of proposed development and the current zomng d~stnct; (3) The t~me, date, and Iocatmn of the pubhc heanng; and (4) A phone number to contact the Oty. 3. Public Hearing Signs For the purpose of nobfy~ng the public, the Adm~nlstretor may require the ~nstallabon of a s~gn on the property prior to the public hearing. The specifications Including size, location, and content of public heanng s~gns shall be estabhshed by the Administrator. 3-3 Umfied Development Ordinance 6/13/03 Oty of College Station, Texas Article 3 Development Review Procedures Section 3 I General Approval Procedures Required Public Hearinge The following table illustrates the types of rewew requ~nng a public hearing and the rewew body responsible for conducting the heanng. Comprehensive Plan Amendment X X Zoning Hap Amendment (Rezomng) X X UDO Text Amendment X X Conditional Use Permit X X Subdlwslon' X Variances x Admm~strabve Appeals X * Only when required per the Local Government Code G. Simultaneous Processing of Applications Whenever two or more forms of review and approval are required under this UDO, the apphcat~ons for those development approvals may, at the option of the Adm~mstrator, be processed s~multaneously, so long as the approval procedures for each ~nd~wdual apphcat~on can be completed pursuant to the requirements of th~s UDO. Such processing shall occur at the apphcant's own risk. H, Appeale An appeal of any final decision shall be filed with the appropriate entity within 30 days of the decision by the Administrator or the applicant. If no appeal ~s filed w~th~n 30 days, the decision shall be final. 34 Umfiod Development Ordinance 6/13/03 City of College Station, Texas Arbcle 3. Development Review Procedures Sectmn 3 2 Zomng Map Amendment (Rezomng) 3.2 Zoning Map Amendment (Rezoning) A. Purpose To estabhsh and maintain sound, stable, and desirable development w~thm the terntonal hm~ts of the CRy, the Offictal Zomng Map may be amended based upon changed or changing cond~bons In a particular area or ~n the City generally, or to rezone an area or extend the boundary of an ex~stmg zomng d~stnct. All amendments shall be ~n accordance w~th the Comprehensive Plan, which may be amended according to the procedure ~n Secbon 3.:Z9, Comprehensive Plan Amendment. B. Znitiation of Amendments An amendment to the Off~oal Zomng Nap may be ~mbated by: 1. Oty Councd on ~ts own mobon; 2. The Planing and Zomng Commission; 3. The Adm~mstrator; or 4. The property owner(s). C. Amendment Application Zomng Commission A complete apphcatlon for a zomng map amendment shall be submitted to the Admm~strator as set forth ~n Secbon 3.1.C, Apphcabon Forms and Fees. Apphcabon requests for a Planned Development D~stnct (PDD) shall prowde the followmg add~bonal ~nformabon: 1. A written statement of the purpose and ~ntent of the proposed development; and 2. A hst and explanabon of the potenbal land uses permitted. Approval Process 1. Preapplication Conference Pnor to the submission of an apphcabon for a Zomng Nap Amendment, all potenbal apphcants shall request a Preapphcabon Conference w~th the Admm~strator. The purpose of the conference ~s to respond to any quesbons that the apphcant may have regardmg any apphcabon procedures, standards, or regulabons required by this UDO. [f the Admm~strator determines that the map amendment request ~s not ~n conformity w~th the Comprehensive Plan, he shall not accept the application for the map amendment, and no further processing shall occur unbl the map amendment ~s ~n conformity or a request for an amendment to the Comprehensive Plan ehm~nabng the lack of conformity has been submitted by the apphcant. 2. Review and Report by Administrator Once the apphcatlon Is complete, the Administrator shall rewew the proposed amendment to the Official Zomng Map ~n hght of the Comprehensive Plan, subject to the criteria enumerated ~n Arbcle 4, Zomng D~stncts, and give a report to the Planing and Zomng Commission on the date of the scheduled pubhc heanng. 3-5 Unified Development Ordlnan~ 6/13/03 City of College Station, Texas Article 3. Development Review Procedures Section 3.2. Zomng Hap Amendment (Rezomng) Referral To Planning and Zoning Commission The Adm~mstretor, upon receipt of pebbon to amend the Official Zomng Hap, shall refer the same to the Commission for study, hearing, and report. The C~ty Councd may not enact the proposed amendment unbl the Planning and Zomng Commission makes ~ts report to the C~ty Council. Recommendation by Planning and Zoning Commisaion The Planmng and Zomng Commission shall pubhsh, post, and ma~l pubhc not~ce ~n accordance w~th Section 3.1.F, Required Pubhc Nobce. The Commission shall hold a pubhc heanng and recommend to the C~ty Councd such action as the Commission deems proper. City Council Action a. Notice The City Council shall publish, post, and mall public nobce in accordance with Section 3.1.F, Required Public Notice, and hold a public hearing before taking final action on a petition to amend the Official Zoning Map. b. Public Hearing The C~ty Councd shall hold a pubhc hearing and approve, approve with modtflcattons, or dtsapprove the appllcatton to amend the Offictal Zomng Map. c. Effect of Proteet to Proposed Amendment If a proposed change to this UDO or rezonlng is pretested In accordance with Chapter 211 of the Texas Local Government Code, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the C~ty Counc~h The protest must be written and signed by the owners of at least 20 percent of either the area of lots covered by the proposed change, or of the area of the lots or land immediately ad.lolnlng the area covered by the proposed change and extending 200 feet from that area. d. Review Criteria In determining whether to approve, approve with modifications, or d~sapprove the proposed Official Zomng Map amendment, the C~ty Council shall consider the following matters regarding the proposed amendment: (1) Consistency w~th the Comprehensive Plan; (2) Compatlblhty w~th the present zomng and conforming uses of nearby property and w~th the character of the neighborhood; (3) Su~tabd~ty of the property affected by the amendment for uses permitted by the d~str~ct that would be made apphcable by the proposed amendment; (4) Smtablllty of the property affected by the amendment for uses permitted by the d~str~ct applicable to the property at the bme of the proposed amendment; (B) Marketabd~ty of the property affected by the amendment for uses permitted by the dlstr~ct apphcable to the property at the time of the proposed amendment; and (6) Avmlabd~ty of water, wastewater, stormwater, and transportation facd~bes generally suitable and adequate for the proposed use. 3-6 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 3. Development Review Procedures Section 3 2. Zomng Hap Amendment (Rezomng) Em Limitation on Reappllcatlon [fa petition for rezomng ~s demed by the City Council, another pebbon for reclassificabon of the same property or any port,on thereof shall not be considered w~thm a period of 180 days from the date of denial, unless the Planning and Zomng Comm~ssmn finds that one of the following factors are apphcable: 1. There is a substanbal change m circumstances relevant to the ~ssues and/or facts considered during rewew of the apphcabon that m~ght reasonably affect the decision-making body's apphcabon of the relevant rewew standards to the development proposed m the apphcatlon; 2. New or add~bonal mformat~on rs avmlable that was not avmlable at the bme of the rewew that m~ght reasonably affect the deos~on-making body's apphcabon of the relevant rewew standards to the development proposed; 3. A new apphcabon is proposed to be submitted that ~s materially d~fferent from the prior apphcatmn (e.g., proposes new uses or a substanbal decrease in proposed dens~bes and Intensities); or 4. The final deosmn on the apphcatlon was based on a material m~stake of fact. 3-7 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Arbcle 3. Development Rewew Procedures Section 3 3 Subd~wsmn Plat Review 3.3 Subdivision Plat Review A. Applicability 1. Subdivision approval shall be required (except as exempted under the Texas Local Government Code) before any of the following activities occur within the City hm~ts or the limits of the City's extraterritorial Jurisdiction: a. The division of land (for any purpose) into two or more parcels; b. Development of a platted property where right-of- way for an ~denbfied future or additional right-of- way for an exlsbng thoroughfare has been ~denbfied by the Comprehensive Plan; c. Development on a parcel not prewously legally platted; or d. Development that ~nvolves the construction of any pubhc ~mprovements that are to be dedicated to the Oty or to a county within the Oty's extraterritorial Jurisdiction. 2. A plat shall not be reqmred where Oty, county or State acbon such as expansion of street right-of-way OCCU rs. 3. Any person who proposes the development of a tract of land w~th~n the Oty hm~ts or the extraterntonal jurisdiction of the City of College Station must have a Development Plat of the tract prepared ~n accordance w~th this Section. New development may not beg~n on the property until the Development Plat ~s filed w~th and approved by the City. When an apphcant ~s reqmred to file a Prehmlnary or Final Subd~ws~on Plat by other reqmrements of this Section, a Development Plat ~s not reqmred ~n addition to the Subd~ws~on Plat. Per Ordinance No. 2753 dated September 23, 2004 B. Unlawful to Record Plat Without Approval [t shall be unlawful to offer and cause to be recorded any Plan, Plat, or Replat of land w~thln the Oty hm~ts or extraterritorial junsd~ctmn of College Stabon at the Off~ce of the County Clerk unless the same bears the endorsement and approval of the Planning and Zoning Commission or the Administrator as provided for ~n th~s UDO. C. Filing of Plat and Application For the purposes of th~s section, the date of formal filing shall be determined as the date m which the applicant submits a Plat that meets all of the terms and conditions of th~s UDO or has filed a vananca request to those secbons. Once a Plat has been formally filed with the Oty ~t w~ll be scheduled for rewew by the Administrator and/or the Planning and Zoning Commission. D. Platting in Planned Development Districts (PDD and P-HUD) If the subject property ~s zoned as a Planned Development D~stnct (PDD) or Planned Mixed-Use D~stnct (P-MUD), the Design Rewew Board may approve a 3-8 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 3 Development Review Procedures Section 3 3 Subdivision Plat Review Concept Plan that prowdes for general mod~ficabons to the site development standards. The general modifications shall be ~nd~cated on the approved Concept Plan. The Administrator shall determine the specific standards that comply w~th the general mod~flcabons of the subd~ws~on standards at the bme a plat ~s approved. The applicant or the Adm~mstrator may have the Design Rewew Board determine the speofic standards that comply w~th the approved Concept Plan. Platting in the Extraterritorial Jurisdiction (Brazos County) The Oty of College Stabon and Brazos County have an ~nterlocal agreement prowd~ng for joint regulation of subd~ws~on platting ~n the Oty's extraterritorial ]unsd~ct. on ~n Brazos County. The Oty shall prowde the County with cop~es of proposed subd~ws~ons, shall ~nclude the County ~n the plat rewew process, and ~n any s~te ~nspectlons as needed. Any plat for a subd~ws~on ~n the ETJ shall first require the approval of the Adm~mstrator or the Planmng and Zoning Commission (as appropriate), followed by approval by the Brezos County Commissioners Court. Per Ordinance No, 2753 dated September 23, 2004 F, Application 1. A complete apphcabon for subdivision rewew shall be submitted to the Adm~mstrator as set forth m Secbon 3.1.C, Apphcation Forms and Fees. The s~gnatures of all owners of land w~thm the boundary of the Development Plat, Master Development Plan, or Preliminary or Final Plat, shall be required on the apphcatmn. 2. An apphcat~on fee shall be submitted w~th the Plat or Replat as reqmred by Secbon 3.1.C, Apphcatlon Forms and Fees. 3. All Plats shall be submitted upon request ~n an electromc form acceptable to the Adm~mstretor and compatible w~th the Oty's Geographic [nformabon System (G[S). 4. If the Admm~stretor determines that the Subdivision Plat ~s not m conformity w~th the Comprehenswe Plan or the Master Development Plan, he shall not accept the apphcabon for the Subdwlslon Plat and no further processing shall occur unbl the Subd~ws~on Plat ~s m conformity or a request for an amendment to the Comprehenswe Plan eliminating the lack of conformity has been submitted by the apphcant. The determination that the Subd~wsmn Plat ~s not m compliance w~th the Comprehensive Plan may be appealed to the Planmng and Zoning Comm~ssmn. G. Development Plat Review 1. Applicability The Oty of College Statmn chooses to be covered by Subchapter B, ~Regulabon of Property Development," Chapter 212 of the Texas Local Government Code. 2. Review and Report by Administrator Once the apphcatmn ~s complete, the Administrator shall rewew the proposed Plat m hght of the Comprehenswe Plan and give a report to the Planmng and Zoning Commission. 3. Review and Recommendation by Parks and Recreation Board The Parks and Recreabon Board shall rewew the Development Plat for comphance w~th the parkland ded~cabon requirements m Arbcle 8, 3-9 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Article 3. Development Review Procedures Section 3 3 Subd~ws~on Plat Review Subdivision Design and Improvements, and recommend approval, approval w~th conditions, or d~sapproval of the same. 4. Review and Action by Planning and Zoning Commission The Planmng and Zomng Commission shall approve a Development Plat ff the Plat conforms to: a. The C~ty's Comprehensive Plan; b. The City's current and future streets, s~dewalks, alleys, parks (land ded~cabon and development fees), playgrounds, and pubhc utlhty facd~t~es; and c. The extension of the C~ty or the extension, ~mprovement, or w~denlng of ~ts roads, taking ~nto account access to and extension of sewer and water mmns and the ~nstrumentahbes of pubhc ubht~es. H. Minor Subdivision Plat Review Procedure A M~nor or Amending Subdivision Plat shall be approved prowded that It conforms to all requirements of these regulations. 2, Review and Action by Administrator a. When submitted, the M~nor Plat shall also be accompanied by certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subd~ws~on. Per Ordinance No. 2755 dated September 23, 2004 b. W~th~n 15 days after a M~nor or Amending Plat ~s formally filed, the Development Engineer shall recommend approval, approval w~th cond~bons, or demal of such Plat to the Adm~mstretor. c. The Admlmstrator shall approve, approve w~th condR~ons, or forward the plat to the Planning and Zomng Commission. Conditional approval must entml correcbons or changes that are m~msterlal and exphc~tly spelled out. d. If forwarded to the Planmng and Zoning Commission, the Commission shall approve, d~sapprove, or cond~bonally approve the Plat w~th~n 30 days of the Administrator's decision. Cond~bonal approval must entml corrections or changes that are m~mstenal and exphc~tly spelled out. 3. Recordation If favorable acbon has been taken by the Adm~mstrator or the Planmng and Zoning Commission, the Minor or Amending Plat becomes the instrument to be recorded at the Office of the County Clerk when all reqmrements and conditions have been met. T. Major Subdivision Plat Review ~.. Master Plan Review a. Applicability A Master Plan that comphes w~th the C~ty's Comprehensive Plan ~s required for all subd~ws~ons to be developed in more than one phase and containing more than 50 acres of land or more than 100 residential lots. 3-[0 Umfled Development Ordinance 6/].3/03 C~ty of College Stabon, Texas Article 3. Development Review Procedures Secbon 3.3. Subd~ws~on Plat Rewew Review and Recommendation by Administrator The Adm~mstrator shall rewew the Master Plan application and recommend approval, approval w~th cond~bons, or d~sapproval of the same. Conditional approval must entml correcbons or changes that are m~mstenal and exphcitly spelled out. Review and Recommendation by Parks and Recreation Board The Parks and Recreation Board shall rewew the Master Plan for comphance with the parkland ded~cabon requirements In Arbcle 8, Subdlws~on Design and Improvements, and recommend approval, approval w~th conditions, or d~sapproval of the same. Cond~bonal approval must entml correcbons or changes that are ministerial and exphc~tly spelled out. Review and Action by Planning and Zoning Commission (~.) The applicant wdl be advised of the date set for Planmng and Zomng Commission cons~derabon. (2) W~th~n 30 days after the Master Plan ~s formally filed w~th the City, the Planmng and Zomng Commission shall approve, d~sapprove, or conditionally approve the plan w~th modifications. Conditional approval must entml correcbons or changes that are m~mstenal and exphc~tly spelled. (3) Approval or conditional approval of a Master Plan shall be effecbve for 24 months from the date of such acbon, unless reviewed by the Planning and Zomng Commission ~n hght of new or s~gmficant Informatton which would necessitate a rews~on, ~n which case the Commission shall ~nform the subdivider an wnbng. The Commission may modify or revoke the approved Plan after a pubhc heanng In hght of new or s~gmflcant ~nformat~on. (4) If a Prehmlnary Plat ~s not filed w~thln 24 months of the effecbve date of approval, the Planmng and Zomng Commission may, upon written apphcabon of the subdlwder, extend the approval ~n ~ncrements of 12-month bme periods upon demonstrabon of substantial progress and the lack of changed or changing cond~bons In the area. Per Ordinance No. 2753 dated September 23, 2004 ($) Approval of a Master Plan shall not consbtute approval of the Preliminary Plat. Apphcatlon for approval of the Preliminary Plat wdl be considered only after the requirements for Plan approval as specified hereto have been fulfilled and after all other specified cond~bons have been met. (6) Upon approval of the Plan by the Planning and Zomng Commission, the subd~wder may proceed to comply w~th the other requirements of these regulations and the preparabon of the Prehmmary Plat. 2. Preliminary Plat Review Applicability A major subd~ws~on final plat may be submitted w~thout submitting a prehm~nary plat ~f ali the requirements of prehm~nary and final plat are 3-11 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 3. Development Review Procedures Secbon 3 3. Subdivision Plat Review comphed w~th on the final plat. All plats must be ~n comphance w~th the approved Master Plan and the C~ty's Comprehensive Plan. Per Ordinance No. 2753 dated September 23, 2004 b. Oversize Participation At the bme of Prehm~nary Plat, an apphcant may request oversize parbc~pation on any ~nfrastructure, as prowded In Arbde 8, Subd~ws~on Design and Improvements. In order to do so, ~mpact studies covering the particular infrastructure must be submitted justifying the request for oversize. These studies shall red.cate what s~ze ~nfrastructure ~s necessary to serve the proposed development as shown on an approved Master Plan or Prehmtnary Plat. If the C~ty's Comprehensive Plan calls for ~nfrastructure ~n excess of that required for the proposed development, the apphcant may request parbc~patlon for th~s add~bonal size. The C~ty Councd shall consider and approve, cond~bonally approve, or d~sapprove ovemlze parbc~pabon requests. c, Review and Recommendation by Administrator The Adm~mstrator shall rewew the Prehm~nary Plat apphcabon and recommend approval or d~sapproval of the same. d. Review and Recommendation by Parks and Recreation Board The Parks and Recreabon Board shall rewew the Prehm~nary Plat apphcabon for comphance w~th the parkland ded~cabon requirements of Arbcle 8, Subd~ws~on Design and Tmprovements, and recommend approval, approval w~th cond~bons, or d~sapproval of the same. Once the Board has determined comphance, subsequent plats may proceed directly to the Planmng and Zomng Commission. e. Review and Action by Planning and Zoning Commission (~.) The apphcant w~ll be advised of the date set for Planmng and Zoning Commission consideration. (2) W~thln 30 days after the Prehm~nary Plat ~s formally flied w~th the C~ty, the Planmng and Zomng Commission shall approve, d~sapprove, or cond~bonally approve the Plat w~th modifications. Cond~bonal approval must entml correcbons or changes that are m~mstenal and exphc~tly spelled out. (3) Approval or conditional approval of a Prehm~nary Plat shall be effecbve for 24 months from the date of such action. (4) If a Rnal Plat ~s not filed w~th~n 24 months of the effecbve date of approval, the Planning and Zomng Commission may, upon written apphcat~on of the subd~wder, extend the approval for a one-time additional 12-month period. Per Ordinance No. 2753 dated September 23, 2004 (5) Each F~nal Plat of a phase on an approved Prehm~nary Plat shall extend the exp~rabon date of the Preliminary Plat an add~bonal one year from the date the F~nal Plat was approved by the C~ty. (6) Approval of a Prehm~nary Plat shall not constitute approval of the F~nal Plat. Apphcat~on for approval of the F~nal Plat wdl be considered only after the requirements for Prehm~nary Plat approval as specified herein have been fulfilled and after all other specified cond~bons have been met. Umfled Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Arbcle 3 Development Rewew Procedures Secbon 3 3 Subchws.on Plat Rewew (7) Upon approval of the Prehm~nary Plat by the Planmng and Zomng Commission, the subd~wder may proceed to comply w~th the other reqmrements of these regulabons and the preparation of the F~nal Plat. 3. Final Plat and Replat Review The Rnal Plat shall conform to the Prehm~nary Plat as approved by the Planmng and Zoning Commission, prowded ~t ~ncorporetes all changes, mod~flcabons, corrections, and cond~bons ~mposed by the Planmng and Zomng Commission; and prowded further, that ~t conforms to all requirements of these regulabons and the C~ty's Comprehensive Plan. a. Procedure The Final Plat w~ll not be considered unless a Prehm~nary Plat has been filed and approved, except ~n the case of ded~cabon of land for the sole purpose of a street, park, drmnage easements, or, the Plat Is exempt under Section 3.3.H.2.a, Prehm~nary Plat Review - Apphcabd~ty. b. Review and Recommendation The Administrator shall rewew the Final Plat apphcatlon and recommend approval or d~sapproval of the same. c. Review and Action by Planning and Zoning Commission (~.) When submitted, the Rnal Plat shall also be accompamed by certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subd~ws~on. Per Ordinance No. 2753 dated September 23, 2004 (2) When the Rnal Plat, together w~th the accompanying data and construcbon documents, and the apphcabon for approval ~s recewed by the Administrator, ~t wdl be processed ~n the same manner as the Prehmmary Plat. (3) W~th~n 30 days after the Rnal Plat ~s formally filed, the Planning and Zomng Commission shall approve, d~sapprove, or condR~onally approve such Plat. Conditional approval must entad correcbons or changes that are ministerial and exphc~tly spelled out. d. Recordation If favorable action has been taken by the Planmng and Zoning Commission, the Rnal Plat becomes the ~nstrument to be recorded In the Office of the County Clerk when all reqmrements end conditions have been met. The construction documents when duly s~gned by the Development Engineer are authority to proceed wRh the construcbon of streets and ubllt~es. Nothing m the procedure authorizes construction on private property. Waivers The Planmng and Zoning Commission may approve, approve w~th conditions, or d~sapprove waivers of the standards ~n Article 8, Subd~ws~on Design and [mprovements, prior to or concurrent w~th the platbng process. 3-13 Umfled Development Ordinance 6/:!.3/03 C~ty of College Stabon, Texas Article 3. Development Review Procedures Section 3.4. Concept Plan Review (PDD and P-MUD D~stncts) 3.4 Concept Plan Review (PDD and P-MUD Districts) A. Applicability A Concept Plan shall be required prior to any development of property zoned Planned Development D~stnct (PDD) or Planned M~xed-Use District (P-MUD). B, Application Requirements A complete applicabon for a Concept Plan shall be submitted to the Adm~mstretor as set forth ~n Secbon 3.1.C, Apphcat~on Forms and Fees, unless otherwise specified ~n th~s Section. C. Concept Plan Approval Process 1. Preappllcation Conference Prior to submitting a Concept Plan, an apphcant shall attend a preapphcabon conference m order to avml h~mself of the advice and assistance of the C~ty staff. 2. Review and Report by the Parks end Recreation Board [f the proposed area ~nvolves any required or voluntary parkland dedication, the Concept Plan must be rewewed by the Parks and Recreabon Board. Parks and Recreation Board recommendations shall be forwarded to the Design Rewew Board. 3. Review and Report by the Greenways Program Manager If the proposed area ~ncludes a greenway as shown on the Greenways Master Plan, or ff the apphcant Is proposing voluntary greenway dedication or sale, the concept plan must be rewewed by the Greenways Program Manager. The Greenways Program Manager's recommendabon shall be forwarded to the Design Review Board. 4. Review and Recommendation by the Administrator The Adm~mstrator shall review the Concept Plan and recommend approval, approval w~th cond~bons, or d~sapproval of the same. S. Design Review Board Final Action The Design Rewew Board shall rewew the Concept Plan and approve, approve w~th cond~bons, or d~sapprove. Concept Plan Requirements 1., A Concept Plan shall not be considered or rewewed as a complete site plan apphcabon. The Concept Plan for the proposed development shall ~nclude the following: a. A general plan showing the Iocabon and relabonsh~p of the various land uses permitted ~n the development; b. A range of future building heights; c. A written statement addressing the drainage development of the s~te; d. The general location of detent~on/retenbon ponds and other ma.lor drmnage structures; 3-14 Umfled Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Arbcle 3 Development Review Procedures Section 3 4. Concept Plan Review (PDD and P-MUD Districts) e. A hst of general bulk or d~mens~onal vanattons sought; f. [f general bulk or d~mens~onal vanabons are sought, prowde a hst of commumty benefits and/or ~nnovabve design concepts to justify the request; g. The general Iocabon of parking areas; h. Open spaces, parkland, conservabon areas, greenways, parks, trmls and other special features of the development; and I. Buffer areas or a statement ~nd~cat~ng buffering proposed. E, Review Criteria The Adm~mstretor shall recommend approval and the Design Rewew Board shall approve a Concept Plan ff ~t finds that the Plan meets the following criteria: 2. The proposal w~ll consbtute an enwronment of sustmned stablhty and wdl be tn harmony with the character of the surrounding area; 2. The proposal Is ~n conformity w~th the pohc~es, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and wdl be consistent with the ~ntent and purpose of th~s Section; 3. The proposal ts compatible w~th existing or permitted uses on abutting s~tes and wdl not adversely affect ad3acent development; 4. Every dwelhng umt need not front on a public street but shall have access to a pubhc street d~rectly or wa a court, walkway, pubhc area, or area owned by a homeowners assoc~abon; S. The development ~ncludes prowslon of adequate pubhc ~mprovements, including, but not hmlted to, parks, schools, and other pubhc facd~bes; 6. The development wtll not be detrimental to the pubhc health, safety, welfare, or materially Injurious to properties or ~mprovements ~n the vlc~mty; and 7. The development wdl not adversely affect the safety and convenience of vehicular, b~cycle, or pedestrian c~rculabon ~n the wc~mty, Including traffic reasonably expected to be generated by the proposed use and other uses reasonably anbc~pated ~n the area consldenng ex~stlng zomng and land uses ~n the area. F. Minimum Requirements Unless otherwise ~nd~cated ~n the approved concept plan, the m~mmum reqmrements for each development shall be those stated ~n th~s UDO for subd~ws~ons end the reqmrements of the most restrictive standard zomng district m which designated uses are permitted. Mod~flcabon of these standards may be considered during the approval process of the Concept Plan. Zf modification of these standards ~s granted w~th the Concept Plan, the Adm~mstrator wdl determine the specific m~mmum requirements. Compliance with Other Regulations The approval of a Concept Plan shall not reheve the developer from responslb~hty for complying w~th all other apphcable sections of th~s UDO and other codes and ordinances of the C~ty of College Station unless such rebel ~s granted ~n the approved concept plan. 3-15 Unified Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 3. Development Review Procedures Secbon 3 4. Concept Plan Review (PDD and P-HUD D~stncts) H. Owners Association Required An owners assooabon will be required ~f other satisfactory arrangements have not been made for providing, operetmg, and maintaining common faoht~es Including streets, drives, service and parking areas, common open spaces, buffer areas, and common recreabonal areas at the time the development plan ~s submitted. If an owners assoc~abon ~s required, documentation must be submitted to the Oty at the bme of platting to assure comphance w~th the prews~ons of this UDO. T. Iqodlfications Any dewabons from the approved Concept Plan, shall require Design Rewew Board approval except as prowded for below. 1. Hinor Amendment to Concept Plan M~nor additions and modifications to the approved Concept Plan meebng the criteria below may be approved by the Adm~mstrator: 1. Minor add~bons to structures as determined by the Admimstrator; 2. Phnor new accessory structures ~f the Iocabon does not ~nterfere with ex~st~ng s~te layout (e.g., clrculabon, parking, loading, storm water management faollt~es, open space, landscaping, buffenng); 3.Minor add~bons to parking lots; 4. An ~ncrease of 25 percent of the total number of dwelhng units for resldenbal developments as long as the maximum allowable density shown on the Land Use Plan ~s not exceeded; 5. Cleanng or grading of areas not depicted on the concept plan as a conservation area, greenway, or park; and 6. F~nal determination of the speofic meritorious modlficabons such as setbacks, lot s~ze, d~mens~onal standards, etc., granted generally as part of the Concept Plan. K. Expiration of Approval The Concept Plan shall expire w~th~n 24 months of the date approved by the Design Review Board. A final, one-time extension of twelve months may be granted by the Adm~mstrator upon demonstration of substanbal progress and the lack of changed or changing cond~bons m the area. 3-16 Unified Development Ordinance 6/13/03 Oty of College Stabon, Texas Arbcle 3 Development Rewew Procedures Secbon 3 S Site Plan Rewew 3.5 Site Plan Review aB Conference Applicability 1. Prior to development of any use or structure other than stngle-famdy (excludtng Manufactured Home Parks), duplex, or townhouse resldenbal development, a s~te plan shall be approved by the Subm.ttal Oty ~n accordance w~th th~s Secbon. 2. No development described In paragraph I above shall be lawful or permitted to proceed without final sRe plan approval. A s~te plan approved as part of a cond~bonal use permit shall be considered a s~te plan approval. 3. If the subject property ~s zoned as a Planned Development District (PDD) or Planned M~xed-Use D~stnct (P-MUD), the Design Rewew Board may approve a Concept Plan that prowdes for general modff~cabons to the site development standards. The general modifications shall be ~nd~cated on the approved Concept Plan. The Administrator shall determine the speofic standards that comply with the general mod~ficabons of the site development reqmrements at the bme a s~te plan ~s approved. The apphcant or the Administrator may have the Design Rewew Board determine the speofic standards that comply w~th the approved Concept Plan. General Requirements All ~mprovements reflected on approved s~te plans must be constructed at the bme of development. All terms and conditions of s~te plan approval must be met at the t~me of development. Application Requirements A complete apphcatlon for s~te plan approval shall be submitted to the Adm~mstrator as set forth ~n Secbon 3.1.C, Apphcatlon Forms and Fees. The apphcat~on shall Include a landscape plan dlustrat~ng comphance w~th the requirements of Sectton 7.5, Landscaping and Tree Protection. Site Plan Approval Process Site plan review applications shall be processed ~n accordance w~th the following requirements: 1. Preapplicatlon Conference Prior to the submission of an apphcabon for s~te plan approval, all potential apphcants may request a preapphcation conference w~th the Administrator. The purpose of the conference ~s to respond to any quesbons that the apphcant may have regarding any apphcatlon procedures, standards, or regulabons required by th~s UDO; however, they do not fulfill the reqmrements for formal rewew or submittal as set forth m th~s UDO. 3-17 Umhed Development Ordinance 6/13/03 Oty of College Stetson, Texas Arbcle 3 Development Review Procedures Section 3 5 Site Plan Review 2. Final Action by the Administrator Zf the proposed site plan ~s determined to be consistent w~th all apphcable prows~ons of th~s UDO, the Administrator shall approve or conditionally approve the s~te plan. A determmabon that all such reqmrements and prows~ons have not been sabsfied shall result m d~sapproval of the s~te plan and not~ce of such d~sapproval shall be g~ven to the apphcant In wnbng. Cond~bonal approval must entml corrections or changes that are ministerial and exphc~tly spelled out. E, Site Plan Review Criteria The Administrator may request changes to the site plan to accomphsh the following requirements. In order to be approved, a s~te plan must prowde for: 1. Safe and convement traffic control, handhng, and vehicle queuing; 2. Assured pedestrian safety which may ~nclude the prowsmn of sidewalks along the perimeter of the property; 3.Eff~oent and economic pubhc ubht~es; 4.Pubhc road or street access; 5.Safe and efficient internal access including pubhc, private, or emergency; 6.Adequate parking and maneuvering areas; 7. Nmse and emlssmn control or dispersion that complies with Chapter 7, Health and Samtabon, of the Oty's Code of Ordinances; 8.Runoff, drainage, and flood control; 9. V~sual screening of areas offensive to the pubhc or adjacent developments such as detention areas, retaining walls, ubht~es and sohd waste faoht~es; 10. Comphance w~th standards, gmdehnes, and pohcles of the Oty's adopted Streetscape Plan referenced m Article 8, Subd~ws~on Design and Zmprovements; 11. Clear indication of what constitutes the budding plot for purposes of s~gnage; and 12. Locatmn and density of buddings or dwellings where topography or characteristics of the s~te compel a lower density than would otherwise be allowed, or require location consistent with accepted engineering practices and pnnc~ples. F. Appeal Appeals of s~te plans den~ed by the Administrator where the demal was based upon the sRe plan rewew criteria m Section 3.5.E, S~te Plan Rewew Criteria, or appeal of a s~te plan condition ~mposed to assure comphance with the criteria m 3.5.E, S~te Plan Rewew Criteria, may be submitted to the Design Rewew Board w~th~n 30 days of the deos~on. The Design Review Board shall have the same authority as the Administrator ~n rewew~ng the s~te plan and taking final acbon. The Board may ~mpose reasonable cond~bons to m~bgate the ~mpacts of the development; however, they shall not ~mpose architectural changes unless otherwise prowded for ~n th~s UDO. If no appeal ~s flied w~th~n 30 days, the deos~on shall be final. 3-18 Umfied Development Ordinance 6/13/03 Oty of College Station, Texas Article 3 Development Review Procedures Section 3 5 Site Plan Rewew Expiration of Approval An approved site plan, Including those approved pnor to the effecbve date of this UDO, shall expire tweive months from the date of approval unless the proposed development ~s pursued as set forth below: 1. A budding permit has been ~ssued and remains vahd. 2. Tn a phased development where more than one building ~s to be budt, the apphcant may submit a series of building permit apphcabons. The first apphcabon must be submitted within 12 months from the date the s~te plan approval ~s granted. Each subsequent apphcabon must be submitted w~th~n 12 months from the date of ~ssuance of a certtficate of occupancy for the prevtous budding. The lapse of more than 12 months shall cause the exp~rabon of s~te plan approval. A final, one-bme extenston of 180 days may be granted by the Adm~mstrator upon demonstrabon of substanbal progress and the lack of changed or changing cond~bons tn the area. 3-19 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Ar~cle 3 Development Review Procedures Section 3 6 Design D~stnct S~te Plan Review 3.6 Design District Site Plan Review A. Applicability 1. Design Districts I Preappllcatlon Prior to any development in any Northgate district Conference (NG-:t, NG-2, NG-3) or Wolf Pen Creek d~strlct ~ (WPC) excluding minor add~bons such as storage buddings, fenong and the hke, an applicant must obtain design d~stnct s~te plan approval under th~s Section. Per Ordinance No. 27S3 dated September 23, 2004 Completeness a. All requests for a change of sohd waste d~sposal must obtmn approval under this Section. New sohd waste contmners shall meet the reqmrements of th~s UDO. b. tn reviewing a project, the Destgn Rewew Board may require traffic and parking ~mpact studies, a rewew of ex.sting occupancy, and other reasonable data to determine the Impact of the project. 2. Design District Site Plan Review Required No private development shall be lawful or permitted to proceed w~thout final design d~stnct s~te plan approval. Minor addR~ons such as storage buddings, fencing, change of sohd waste d~sposal, landscaping, and the hke, may be approved by the Adm~mstrator. Design d~stnct s~te plan approval shall be required for all site plans as part of a conditional use permit. 3. General Requirements a. All ~mprovements reflected on approved site plans must be constructed at the t~me of development. b. All assooated rehabd~tatlon, fac;ade work, and other construcbon must be conducted subsequent to and ~n comphance w~th approved elevabons, colors, and materials. Such rewew may take place concurrent w~th the s~te plan rewew, or may take place separately, as prowded In Section 3.8, Development Permit. c. All terms and conditions of s~te plan approval must be met at the bme of development. B. Application Requirements A complete apphcatlon for s~te plan approval shall be submitted to the Adm~mstrator as set forth ~n Section 3.1.C, Apphcat~on Forms and Fees. The apphcabon shall ~nclude a landscape plan Illustrating comphance with the requirements of Secbon 7.5, Landscaping and Tree Protecbon. (except in NG-1, NG-2 and NG-3 as referenced ~n Arbcle 5.6.B, Northgate D~strlcts). C, Design District Minor Additions Approval Process Design district s~te plan review applications shall be processed in accordance with the following requirements: 3-20 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Article 3. Development Review Procedures Section 3 6 Design D~stnct Slta Plan Review Ew 1. Preappllcatlon Conference Prior to the submission of an apphcat~on for design d~stnct s~te plan approval, all potential apphcants shall request a preapphcabon conference w~th the Administrator as required m Secbon 3.:t.B, Preappllcat~on Conference. 2. Review and Report by the Administrator If the proposed design d~stnct site plan ~s determined to be consistent w~th all apphcable prows~ons of this UDO, the C~ty's Comprehensive Plan, and the Northgate Rewtahzabon Plan or the Wolf Pen Creek Master Plan, or ff the plan Is recommended for demal or cond~bonal approval, the Adm~mstretor shall report such consistency, inconsistency, or proposed conditions to the Design Revfew Board. 3. Review by the Design Review Board The Design Rewew Board shall rewew the design d~stnct s~te plan ~n a pubhc meebng and may approve, approve w~th cond~bons or deny the apphcabon. Nobce shall be prowded by pubhcabon of the agenda of the meebng. 4, Final Action by the Design Review Board If the proposed site plan ~s determined to be consistent w~th all apphcable prows~ons of th~s UDO, ~nclud~ng the apphcable d~stnct prowsions of Secbon 5.6, Design Dfstncts, and the rewew criteria below, the Design Rewew Board shall approve the design d~stnct s~te plan. A determination that all such requirements and prows~ons have not been sabsfied shall result ~n d~sapproval of the s~te plan. Design District Minor Additions Approval Process M~nor add~bons to a s~te ~nclude storage buddings, fencing, change of solid waste disposal, painting, landscaping, porches, awmngs, non-load bearing canopies, and the hke. All s~te plan rewew apphcabons for minor additions shall be processed In accordance w~th the following requirements: ~.. Review by the Administrator The Adm~mstrator shall review the design d~stnct s~te plan for a minor add~bon and may approve, approve w~th cond~Uons, or deny the s~te plan. The Adm~mstrator may also forward the s~te plan to the Design Rewew Board for any reason. 2. Final Action by the Administrator If the proposed site plan ~s determined to be consistent w~th all applicable prows~ons of th~s UDO, the C~ty's Comprehensive Plan, and the Northgate Rewtahzabon Plan or the Wolf Pen Creek Master Plan, ~ncludmg the apphcable d~stnct prows~ons of Secbon 5.6, Design Districts, Use Standards, and the rewew criteria below, the Administrator shall approve the design d~stnct s~te plan. A determmabon that all such requirements and prows~ons have not been sabsfied shall result m d~sapproval of the s~te plan. General Site Plan Review Criteria In order to be approved, a s~te plan must prowde for: 1. Safe and convement traffic control, handhng, and vehmle quemng; 2. Assured pedestrian safety which may include the prowslon of s~dewalks along the perimeter of the property meeting the spec~flcabons for same as 3-21 Umfled Development Ordinance 6/~.3/03 City or College Station, Texas Article 3 Development Review Procedures Secbon 3 6, Design D~stnct Site Plan Review outhned ~n Arbcle 8, Subdtvlsion Destgn and Improvements, relabve to wtdth and placement; 3. Effictent and economic pubhc ubhty and saturation access; 4. Pubhc road or street access; S. Sattsfactory tnternal access tncludtng pubhc, private, and emergency; 6. Adequate parking and maneuvenng areas; 7. Norse and emtsston control or dtsperston that comphes wtth Chapter 7, Health and Samtabon, of the Oty's Code of Ordtnances; 8. Vtsual screemng of trash receptacles or other areas offenstve to the pubhc or exlsttng ad.lacent development; Runoff, drmnage, and flood control; 10. Vtsual screemng from the right-of-way of parktng lots; 11. Comphance wtth standards, gutdehnes, and pohoes of the Ctty's adopted Streetscape Plan; and 12. Determtnabon and clear Indtcabon of what consbtutes the buddtng plot for purposes of this UDO. Additional Review Criteria for WPC Districts The following standards, which affect the appearance of a development, shall govern the evaluation of a design submission In WPC d~stncts: 1. Conformance to the C~ty's Comprehenswe Plan; 2. Exterior space ubhzat~on; 3. Material selection; 4. Compabb~hty with existing development In the design d~stnct; 5. Vehicular, pedestrian, and bicycle clrculabon; 6. Building Iocabon and onentabon; and 7. Specific standards listed ~n Secbons 5.6.A, Wolf Pen Creek Corridor. Additional Review Criteria for Northgate Districts 1. Conformance to the Oty's Comprehenswe Plan and such Northgate Redevelopment Plan as adopted by City Council; 2. Vehicular, pedestrian, and b~cycle orculatlon; 3. SpecJfic standards hsted m Section 5.6.B, Northgate Districts. Expiration of Approval An approved design d~stnct s~te plan, Including those approved prior to the effective date of th~s UDO, shall expire 12 months from the date of approval unless the proposed development is pursued as set forth below: 1. Work that does not require a building permit (such as a parking lot) has commenced. 2. A butldtng permtt has been Issued and remmns valid. 3-22 Umfled Development Ordinance 6/13/03 Dry of College Stabon, Texas Arbcle 3 Development Review Procedures Secbon 3.6. Design District Site Plan Review In a phased development where more than one building ~s to be built, the apphcant may submit a series of building permit apphcations. The first apphcabon must be submitted w~th~n 12 months from the date the site plan ~s approved. Each subsequent apphcation must be submitted within 12 months from the date of ~ssuance of a cerbficate of occupancy for the prewous budding. The lapse of more than 12 months shall cause the explrabon of s~te plan approval. A final, one-time extension of 180 days may be granted by the AdmJn~strator upon demonstration of substantial progress and the lack of changed or changing conditions ~n the area. 3-23 Un~fled Development Ordinance 6/13/03 C~ty of College Station, Texas Arbcle 3 Development Review Procedures Section 3 7 Design D~strlct Budding and Ssgn Review 3.7 Design District Building and Sign Review A. Applicability 1. In the design d~stncts (.ncludlng the WPC, NG~i, NG-2 and NG-3 d~stncts), all substanbal mmntenance (Including but not limited to rehabd~tabon, fa(;ade work, and, change of exterior materials or other construcbon, ,nclud~ng the replacement or alternation of s~gns) shall be subject to the design d~stnct building and s~gn review process. 2. Hmor maintenance or alterabons such as storage buddings, porches, awmngs, non-load beanng canopies, and the hke shall be rewewed by the Adm~mstrator. B. Application A complete apphcat~on for budding or s~gn review ~n a design d~stnct shall be submitted to the Adm~mstrator as set forth m Section 3.1.C, Apphcabon Forms and Fees. C, Final Action by Dealgn Review Board 1. Public Meeting The Design Rewew Board shall conduct design d~stnct review ~n a pubhc meebng. Nobce shall be prowded by pubhcabon of the agenda of the meebng. 2. Design Review The Board shall apply the standards for the apphcable d~strlct as set forth ~n Section 5.6, Design D~stncts, and approve, cond~bonally approve, or d~sapprove the building and s~gn materials and colors as specifically reqmred ~n Section 5.6.A, Wolf Pen Creek Development Corridor and Secbon S.6.B, Northgate D~stncts. In cons~der.ng such matters, the Design Rewew Board may rely on special area plans or studies adopted by the C~ty Councd. 3. Written Decision If approval Is granted, the decision shall be commumcated ~n writing to the apphcant. D. Expiration and Lapse of Approval An approved design district budding or s~gn plan, ~nclud~ng those approved prior to the effective date of th~s UDO, shall expire 12 months from the date of approval unless the proposed development ~s pursued as set forth below: 1. A budding permit has been Issued and remains vahd. 2. In a phased development where more than one budding ~s to be budt, the apphcant may submit a series of building permit apphcabons. The first applicabon must be submitted w~thln 12 months from the date the s~te plan ~s approved. Each subsequent apphcabon must be submitted w~th~n 12 months from the date of Issuance of a certificate of occupancy for the prewous budding. The lapse of more than 12 months shall cause the exp~rabon of s~te plan approval. A final, one-time extension of 180 days may be granted by the Adm~mstrator upon demonstrabon of substanbal progress and the lack of changed or changing cond~bons ~n the area. 3-24 Unff~ed Development Ordinance 6/:[3/03 C~ty of' College Station, Texas A~c~cle 3 Development Review Procedures Section 3 8 Development Permit 3.8 Development Permit A. Applicability A development permit shall be required prior to any development, as defined ~n Article 11, Deflmt~ons, to ensure conformance to the prows~ons and requirements of th~s UDO. The following uses shall be exempt from the perm~tbng reqmrements of th~s Secbon, but shall otherwise meet all of the reqmrements of th~s UDO and the C~ty's Drmnage Pohcy and Design Standards: Customary and ~ncldental grounds mmntenance, landscaping, and gardemng. 2. Drainage-related ~mprovements or modifications by a homeowner on property used as their pnnc~pal residence where that property hes outside of the designated Area of Special Flood Hazard. 3. Uses by a landowner of their property for bona fide agricultural purposes. B. Approval Process Preapphcabon Conference Prior to the ~ssuance of a development permit, the following requirements shall be met: Preapplication Conference A preapphcabon conference shall be held w~th the Development Engineer, or h~s designated representative, ff the property contmns areas of special flood hazard as set forth ~n Section 3.1.B, Preappllcabon Conference. 2. Application A complete apphcabon for a development permit shall be submitted to the Development Engineer as set forth m Secbon 3.]..C, Apphcation Forms and Fees. 3. Review and Action by the Development Engineer The Development Engineer shall rewew the required ~nformabon and apphcabon form and shall take one of the following actions: a. Approve the development permit; b. Disapprove the development permit; ¢. Approve the development permit with cond~bons; or d. Require add~bonal ~nformabon or an englneenng conference w~th the apphcant or h~s engineer. Review Criteria Approval or demal of a development permit by the Development Engineer shall be based on the following relevant factors: a. The danger to life or property due to flooding or erosion damage; b. The suscepbb~hty of the proposed facility and Its contents to flood damage and the effect of such damage on the ~nd~wdual owner; c. The danger that materials may be swept onto other lands to the m~lury of others; 3-25 Umfied Development Ordinance 6/3.3/03 City of College Station, Texas Article 3. Development Review Procedures Section 3 8 Development Permit d. The compatlblhty of the proposed use w~th existing and anbc~pated development; e. The mmntenance and operabonal costs of providing governmental services dunng and after flood conditions, Including mmntenance and repair of streets and bridges, and public utd~t~es and facd~bes such as sewer, gas, electrical, and water systems; f. The expected heights, velocRy, durabon, rate of rise, and sediment transport of the flood waters, and the effects of wave acbon, If apphcable, expected at the s~te; g. The necessity to the facd~L-y of a waterfront Iocabon, where apphcable; h. The avmlabd~ty of alternabve Iocabons, not subject to flooding or erosion damage, for the proposed use; i. The barricading of ex~st~ng trees to remmn on the property and count as protected trees under Secbon 7.5, Landscaping and Tree Protection; and j. Compliance w~th th~s UDO. 5. Notification of Decision a. The apphcant shall be notified ~n wnbng of the action prescribed above. Zf the development permit has been d~sapproved, the specific reasons for d~sapproval shall be ~nd~cated ~n the notification. If add~bonal ~nformabon ~s required of the apphcant, the specific requirements shall be ~nd~cated ~n the notification. A final determ~nabon of the approval or d~sapproval of the development permit, consldenng the additional Informabon, shall be made and written nobficabon to the apphcant g~ven w~th~n ten working days after acceptance of the complete apphcabon. b. Any proposal which Includes areas of special flood hazard within the following special drmnage areas shall receive written nobce of approval or d~sapproval of the development permit from the Development Engineer w~thm 60 working days after receipt of the proposal: (1) The entirety of Carter's Creek; (2) The main channel of L~ck Creek; (3) Wolf Pen Creek from the Earl Rudder Freeway to the confluence w~th Carter's Creek; and (4) The Brazos R~ver. Expiration of Approval A development permit w~th~n an area of special flood hazard ~ssued by the Development Engineer shall become Invahd unless the work authorized by ~t shall have been completed within 12 months after ~ts ~ssuance. The Development Engineer may authorize an extension of a development permit upon demonstration of substantial progress and the lack of changed or changing cond~bons ~n the area. 3-26 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 3 Development Review Procedures Secbon 3 9 Budding Peri'nit 3.9 Building Permit A. Building Permit Required AppllCabOn Submittal No budding or other structure shall hereafter be erected, moved, added to, or structurally altered w~thout a permit sta~ ~ssued by the Budding Official except ~n conformity w~th the Aerie, prowslons of th~s section, unless d~rected by the Zomng Board of AdJustment or the Construcbon Board of Appeals as Completeness prowded by th~s UDO. No Braiding Permit ~ssued under the prows~ons of th~s Arbcle for land use or construction ~n the CRy shall be considered vahd unless s~gned by the Budding Official. B. Application for Building Permit 1. Apphcabons for Building Permits for slngle-famdy, duplex, or townhouse structures shall be accompamed by two (2) sets of complete plans, drawn to scale, showing the actual d~mensions and shape of the lot to be bruit upon; the exact s~zes and locations on the lot of buildings already exlsbng, ~f any; and the location and d~mens~ons of the proposed budding or alterabon, easements, and required setbacks. Apphcatlons for mulb-famlly and commercial structures shall be accompamed by three (3) sets of complete plans, drawn to scale, ~nclud~ng the approved s~te plan as reqmred ~n Secbon 3.5, S~te Plan Review. Additional sets of plans shall be supplied to the Budding Off~oal upon request. 2. The apphcabon shall ~nclude such other ~nformabon as lawfully may be reqmred by the Budding Offioal or the Admimstrator, Including ex~stlng or proposed budding or alteration; ex~sbng or proposed uses of the budding and land; the number of families, housekeeping umts, or rental umts the braiding ~s designed to accommodate; conditions ex~sbng on the lot; and such other matters as may be necessary to determine conformance w~th, and prowde for the enforcement of, this UDO. 3. One copy of the plans shall be returned to the apphcant by the Budding Off~oal after he shall have marked such copy e~ther as approved, approved with cond~bons, or d~sapproved and attested to same by h~s s~gnature on such copy. The original copy of the plans, s~mdarly marked, and the assooated s~te plan shall be retmned by the Building Offioal. 4. Where apphcable, apphcants shall submit Information and materials reqmred ~n Section 7.5, Landscaping and Tree Protecbon. C. Review and Recommendation The Budding Official shall review all budding permit apphcabons to determine ~f ~ntended uses, braidings, or structures comply w~th all apphcable regulabons and standards, including this UDO, and approve or d~sapprove the same. 3-27 Un~fied Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 3 Development Review Procedures Secbon 3.9. Building Permit Review and Action by Building Official 1. The Braiding Official shall make a final determination of whether the mtanded uses, braidings, or structures comply w~th all apphcable regulabons, standards, and the braiding code. The Building Official shall not ~ssue a braiding permit unless the plans, speoflcat~ons, and Intended use of such building or structures or part thereof conform ~n all respects to the prows~ons of th~s UDO and the braiding code. 2. If the subject property ~s zoned as a Planned Development District (PDD) or Planned M~xed-Use D~stnct (P-HUD), the Design Rewew Board may approve a Concept Plan that prowdes for general modifications to the s~te development standards. The general modificabons shall be indicated on the approved Concept Plan. The Administrator shall determine the specific standards that comply w~th the general mod~flcabons of the s~te development requirements at the bme of building permit. The apphcant or the Adm~mstrator may have the Design Rewew Board determine the speoflc standards that comply w~th the approved Concept Plan. 3-28 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 3 Development Rewew Procedures Section 3 J.0 Cerbflcate of Occupancy 3,10 Certificate of Occupancy A. Applicability A certificate of occupancy shall be required for any of the following: 1. Occupancy and use of a budding hereafter erected or enlarged; 2. Change ~n use of an ex~sbng building to a d~fferent Use Category; or 3. Any change ~n a nonconforming use or structure. B. Application An apphcabon for a certificate of occupancy shall be filed w~th the Budding Official when a structure or use ~s ready for use or occupancy. C. Review and Recommendation The Admlmstrator shall revmw all certificate of occupancy apphcabons and approve or dtsapprove the same. D, Review and Action by Building Official Upon the fihng of a complete apphcabon for a certificate of occupancy, the Budding Official shall respect the use or structure. [f the Budding Official determines that the use or structure comphes w~th all apphcable prows~ons of the budding code and th~s UDO, a certificate of occupancy shall be ~ssued. E. Temporary Certificate of Occupancy Pending the ~ssuance of a permanent certificate of occupancy, a temporary certificate of occupancy may be ~ssued. The temporary certificate of occupancy shall be valid for a period established by the Budding Official, pending complebon of an addition or during partial occupancy of a structure. F. Unlawful to Occupy Without Valid Certificate of Occupancy Zt IS unlawful to occupy any budding that does not have a valid certificate of occupancy or temporary certificate of occupancy. 3-29 Un~fled Development Ordinance 6/3.3/03 City of College Station, Texas Article 3 Development Review Procedures Section 3.11. Certificate of Completion 3.11 Certificate of Completion A. Applicability A cerbflcate of completion shall be required for any of the following: 1. Use of a parking lot hereafter constructed or enlarged not ~n conjunction w~th a building or structure; 2. Site changes Including but not hm~ted to landscaping, parking lots, fagade changes ~n a design district, or a change to an ex~stmg s~te that Is not done ~n con]unct~on w~th a budding or structure that requires a building permit; 3, Site ~mprovements assooated w~th a telecommumcabons tower; or 4. As determined by the [nternabonal Building Code. B. Application An apphcabon for a cerbficate of complebon shall be filed w~th the Budding Offioal when a structure or use ~s ready for occupancy. C. Review and Recommendation The Admimstrator shall rewew all cerbflcate of completion appllcabons and approve or d~sapprove the same. D. Review and Action by Building Official Upon the fihng of a complete apphcabon for a cerbflcate of complebon, the Building Off~oal shall ~nspect the use or structure. If the Building Offloal determines that the use or structure comphes w~th all apphcable prows~ons of the building code and th~s UDO, a cerbficate of completion shall be ~ssued. E, Temporary Certificate of Completion Pending the issuance of a permanent cerbflcate of complebon, a temporary cerbflcate of completion may be Issued. The temporary cerbflcate of completmn shall be vahd for a period established by the Braiding Offioal, pending complebon of an add~bon, or during part~al occupancy of a structure. F. Unlawful to Occupy Without Valid Certificate of Completion It ~s unlawful to occupy or ubllze any structure or use that does not have a vahd cerbflcate of complebon or temporary cerbficate of complebon. 3-30 Unified Development Ordinance 6/13/03 Oty of College Station, Texas Article 3 Development Review Procedures Section 3 ].2 Sign Permit 3.12 Sign Permit A. Sign Permits Required 1. No sign shall hereafter be installed, erected, moved, added to, or structurally altered without a permit ~ssued by the Administrator, except in conformity with the provisions of this Section, unless he is so directed by the Zomng Board of Adjustment as provided by th~s UDO. 2. A permit shall be required for the following: a. Apartment/condominium/manufactured home park idenbflcabon s~gns; b. Attached signs; c. Development signs; d. Freestanding signs; e. Low profile signs; f. Roof signs; and g. Subdivision and area ~denbficabon s~gns. 3. No permit shall be required for the following s~gns: a. Real estate~ finance, and construction signs; b. D~rect~onal traffic control s~gns; ¢. Home occupation signs; and d. Noncommercial signs. 4. It shall be the respons~bd~ty of the owner or the leasing agent to assign the avmlable freestanding or budding s~gn square footage to ~nd~wdual budding tenants. In no case shall this be the respons~bd~ty of the Adm~mstrator. In no case may the cumulabve total of ~nd~wdual s~gns for a mulb-tenant budding exceed the allowable area avmlable for attached or freestanding signs. B. Application A complete apphcabon for a s~gn permit plan shall be submitted to the Budding Official as set forth m Section 3.1.C, Apphcat;on Forms and Fees. C, Review and Action by the Administrator The Admlmstrator must rewew each sign permit apphcabon ~n hght of th~s UDO and act to approve, approve w~th conditions, or deny the permit. The Adm~mstrator may grant approval w.th conditions only to the extent that such cond~bons specify the actions necessary to bnng the apphcabon ~nto comphance w~th th~s UDO. D. Maintenance and Repair Cleaning, pmnting, repmnbng, and other normal maintenance and repair of a s~gn shall not require a perm;t unless a structural or s~ze change ~s made. Mmntenance includes replacement of a s~gn face. Repmnbng or replacement of materials ~n a design d~stnct must receive approval of e~ther the Administrator or the Design Rewew Board as prowded ~n Section 3.7, Design D~stnct Budding and S~gn Rewew. Repmr of conforming s~gns, damaged as a result of acc.dents or acts of God, shall be exempt from permit fees when they are being restored to their original condition. 3-31 umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 3 Development Review Procedures Section 3 13 Cond~bonal Use Perrn~t 3.13 Conditional Use Permit A. Purpose Conditional use permit review allows for C~ty Council d~scret~onary approval of uses with umque or w~dely- varying operating characteristics or unusual s~te development features, subject to the terms and conditions set forth In th~s UDO. B. Applicability Conditional uses are generally compatible w~th those uses permitted by right ~n a zomng d~stnct, but require ~nd~wdual rewew of their location, design, configuration, density and ~ntens~ty, and may require the ~mpos~t~on of addtt~onal cond~bons ~n order to ensure the appropriateness and compabbd~ty of the use at a particular location. C. Rppllcatlona A complete apphcat~on for a conditional use permit shall be submitted to the Adm~mstrator as set forth ~n Section 3.1.C, Apphcat~on Forms and Fees. A complete s~te plan must accompany all apphcat~ons for a conditional use permit. Approval Process 1. Preappllcatlon Conference Dm PreappllcaUon Conference Planning & Zoning Commission Prior to the submission of an apphcatlon for a conditional use permit, all potentml apphcants shall request a preapphcatton conference w~th the Admm~strator. The purpose of the conference ~s to respond to any quesbons that the apphcant may have regarding any application procedures, standards, or regulations required by th~s UDO. 2. Review and Report by Adminletrator Once the apphcat~on ~s complete, the Adm~mstrator shall rewew the proposed development subject to the criteria enumerated in Section E below, and g~ve a report to the Planing and Zomng Commission on the date of the scheduled Pubhc Heanng. 3. Planning and Zoning Commleelon Recommendation a. Notice The Planing and Zomng Commission shall pubhsh, post, and mad not~ce ~n accordance w~th Section 3.1.F, Required Pubhc Not~ce. b. Public Hearing After review of the conditional use apphcabon, subject to the criteria enumerated In Section E below, the Planing and Zomng Commission shall hold a Pubhc Heanng and recommend to the C~ty Councd such action as the Plannmg and Zonmg Commission deems proper. 4. City Council Action a. Notice The City Councd shall pubhsh, post, and mad not~ce ~n accordance with Section 3.1.F, Required Pubhc Notice. 3-32 Unified Development Ordinance 6/13/03 City oF College Station, Texas Article 3 Development Review Procedures Section 3 13 Cond~bonal Use Permit b. Public Hearing The Oty Council shall hold a Pubhc Heanng after rewew of the cond~bonal use apphcabon, subject to the criteria enumerated ~n Secbon E below. W~th cons~derebon of the recommendation prowded by the Planmng and Zoning Commission, the Oty Counol shall approve, approve w;th mod~flcabons or conditions, or d~sapprove the cond~bonal use application. Conditional Use Review Criteria The Oty Council may approve an apphcat~on for a cond~bonal use where ~t reasonably determines that there wdl be no s~gmficant negabve ~mpact upon resfdents of surrounding property or upon the general pubhc. The Oty Councd shall consider the following criteria ~n ~ts review-' 1. Purpose and Tntent of UDO The proposed use shall meet the purpose and ~ntent of th~s UDO and the use shall meet all the m~mmum standards established ~n th~s UDO for this type of use. 2. Consistency with Comprehensive Plan The proposed use shall be consistent with the development policies and goals and obJectwes as embodied m the Comprehenswe Plan for development of the City. 3. Compatibility with Surrounding Area The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or ~ts occupants, nor be substanbally or permanently injurious to nmghbonng property. 4. Harmonious with Character of Surrounding Area The proposed s~te plan and orculabon plan shall be harmomous w~th the character of the surreundmg area. 5. Infrastructure Impacts Hinlmlzed The proposed use shall not negabvely ~mpact ex~stmg uses m the area or m the Oty through ~mpacts on public Infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as pohce and fire protection, sohd waste collecbon, or the abd~ty of ex~stmg infrastructure and services to adequately prowde services. 6. Effect on Environment The proposed use shall not negatively ~mpact ex~stmg uses m the area or ~n the Oty. Additional Conditions The Oty Councd may ~mpose additional reasonable restrictions or condlbons to carry out the spent and intent of th~s UDO and to m~tigate adverse effects of the proposed use. These requirements may ~nclude, but are not limited to, increased open space, loading and parking requirements, add~bonal landscaping, and add~bonal ~mprovements such as curbing, ubht~es, drainage facihbes, s~dewalks, and screening. 3-33 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 3. Development Review Procedures Section 3 13 Condlbonal Use Permit Expiration of Approval 1. Conditional Uses are granted for a period of 12 months from the date of approval by the Oty Council. If construcbon of the project has not commenced w~thln th~s period, the Cond~bonal Use shall expire. 2. The Administrator may extend the Conditional Use Permit for up to one add~bonal s~x-month period upon demonstration of substanbal progress and the lack of changed or changing cond~bons ~n the area and upon written request from the apphcant, which must be received before the date of exp~rabon. 3-34 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 3 Development Review Procedures Section 314 Written ]nterpretabon 3.14 Written Xnterpretetlon A. Applicability The Admm~strator shall have authority to make all written interpretations concermng the prows~ons of th~s UDO and the prows~ons of Chapter g of the of College Station Code of Ordmances (Subdivision Regulations). Per Ordinance No. 2753 dated September 23, 2004 B. Request for Xnterpretation A request for mterpretat~on shall be submitted to the Adm~mstrator ~n a form estabhshed by the Adm~mstrator and made available to the pubhc. Such request shall only be made dunng development AppllcaUon rewew or when a code enforcement requirement ~s ~n quesbon. C. Znterpretetlen by Admlnlstrater 1. The Admm~strator shall: a. Rewew and evaluate the request ~n hght of the text of th~s UDO, the Offioal Zomng Map, the Comprehensive Plan, the Subd~wslon Regulabons, and any other relevant reformation; Per Ordinance No. 2755 dated September 23, 2004 b. Consult w~th other staff, as necessary; and ¢. Render an opmlon. 2. The Interpretabon shall be prowded to the apphcant In wnbng. D, Official Record The Admimstrator shall mmntmn an official record of ~nterpretabons. The record of ~nterpretabons shall be avmlable for pubhc ~nspect~on during normal busmess hours. E. Appeal Appeals of written ~nterpretabons made by the Adm~mstrator shall be filed only by a party affected by the written Interpretabon w~th the Zomng Board of Adjustment or for appeals of written ~nterpretat~ons of the Subd~ws~on Regulations, the Planing and Zomng Commission, w~th~n 30 days of the decision ~n accordance w~th the procedures found ~n Section 3.17, Adm~nlstrabve Appeals. If no appeal ~s filed w~thln 30 days, the written ~nterpretatlon shall be final. Per Ordinance No. 2753 dated September 23, 2004 3-35 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 3 Development Review Procedures Section 3.15. Administrative Adjustment 3.15 Administrative Adjustment A. Purpose Admm~stretwe adjustments are specified dewabons from otherwise apphcable development standards where development ~s proposed that would be: 1. Compabble w~th surrounding land uses; Harmomous w~th the pubhc ~nterest; and 3.Consistent w~th the purposes of th~s UDO. B, Applicability The Adm~mstrator shall have the authority to authorize adjustment of up to 10 percent from any numerical zomng standard set forth In Articles 5, 6, or 7 of th~s UDO. Any adjustment request greater than 10 percent shall be treated as a variance handled by the Zomng Board of' Adjustment subject to the requirements of Secbon 3.16, Variances. C. Application A complete apphcabon for an admlnlstrabve adjustment shall be submitted to the Adm~mstrator as set forth ~n Section 3.1.C, Apphcabon Forms and Fees. Review and Action by Administrator The Adm~mstrator shall review the apphcat~on and approve, approve w~th cond~bons, or deny the apphcat~on based upon the crtter~a below. A written dec;s~on ~ncludlng afflrmabve findings on the criteria set forth below shall be sent to the apphcant. Administrative Adjustment Criteria 1. To approve an apphcat~on for an adm~mstrabve ad.lustment, the Adm~mstrator shall make an affirmative finding that the following criteria are met: a. That granting the adjustment wdl ensure the same general level of land use compatibility as the otherwise apphcable standards; b. That granting the adjustment wdl not materially or adversely affect adjacent land uses or the physical character of uses tn the ~mmed~ata vic~mty of the proposed development; and ¢. That granbng the adjustment wdl be generally consistent w~th the purposes and ~ntent of th~s UDO. [n the event that the Administrator finds that the apphcant has not met the above criteria, the applicant may request that the application be forwarded to the Zoning Board of Adjustment as a variance request subject to the requirements of Secbon 3.16, Variances. 3-36 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 3 Development Review Procedures Secbon 3.16. Variances 3.:l,6 Variances A. Purpose The Zomng Board of Adjustment shall have junsdlcUon to hear requests for a variance from the terms of th~s UDO. The Zoning Board of Adjustment shall be authorized to grant a variance from the terms hereof fi, and only fi, they find that the strict enforcement of this UDO would create a substanbal hardship to the apphcant by wrtue of unique special cond~bons not generally found wtth~n the C~ty, and that the granbng of the variance would preserve the spent and ~ntent of the Ordinance, and would serve the general ~nterests of the pubhc and the apphcant. Variances may be granted only when ~n harmony w~th the general purpose and ~ntent of th~s UDO so that pubhc health, safety, and welfare may be secured and substantial Jusbce done. B. Applicability em Da Em Application The Zoning Board of Adjustment shall have the authority to grant variances from the standards ~n th~s UDO except for wmvers of the standards ~n Arbcle 8, Subd~ws~on Design and [mprovements, which may be made by the Planning and Zoning Commission dunng the subd~ws~on process and requests for rehef from a s~te plan reqmrement ~mposed by the Adm~mstretor when the requirement was necessary to gmn comphance with the criteria for approval of a s~te plan ~n Secbon 3.5.E, S~te Plan Rewew Criteria, which may be made by the Design Rewew Board. Any variance request up to 10 percent may be treated as an admlmstrabve adjustment subject to the requirements of Secbon 3.15, Adm~mstrabve AdJustment. Application A complete apphcabon for a variance shall be subm;tted to the Adm;n;strator as set forth ~n Secbon 3.3..C, Apphcabon Forms and Fees. Action by the Zoning Board of Adjustment l, Public Hearing Following not;ce ;n accordance w;th Sect;on 3.1.F, Requ;red Pubhc Notice, the Zomng Board of Adjustment shall hold a pubhc heanng. 2. Variance Review Upon compleUon of the pubhc heanng and after rewew of the variance apphcabon subject to the criteria hsted ~n Secbon E below, the Zomng Board of AdJustment shall make a written finding and g~ve Its approval, approval w~th hm~tat~ons, or d~sapproval of the variance. Criteria for Approval of Variances Required Findings The Zon;ng Board of Adjustment may authorize a variance from the requirements of th~s UDO when an unnecessary hardship would result from the strict enforcement of th~s UDO. In granbng a variance, the Zomng Board of Adjustment shall prescribe only hm~tabons that It deems not preludlclal to the pubhc ~nterest. In making the required findings, the Zomng Board of Adjustment shall take ~nto account the nature of the 3-37 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas Article 3 Development Review Procedures Secbon 3 16 Variances proposed use of the land ~nvolved, the ex~sbng use of land ~n the wc~mty, the poss~bd~ty that a nuisance wdl be created, and the probable effect of such variance upon traffic condlbons and upon pubhc health, convemence, and welfare of the wcimty. No variance shall be granted unless the Board makes afflrmabve findings ~n regard to all of the following criteria: a. Extraordinary Conditions That there are extraordinary or special conditions affecbng the land ~nvolved such that strict apphcat~on of the prows~ons of th~s UDO wdl deprive the applicant of the reasonable use of his land. For example, the variance ~s ]usbfied because of topogreph~c or other special cond~bons umque to the property and development ~nvolved, ~n contrad~st~ncbon to the mere ~nconvemence or financial d~sadvantage. b. Enjoyment of a Substantial Property Right That the variance ~s necessary for the preservation and enjoyment of a substanbal property right of the apphcant. c. Substantial detriment That the granbng of the variance wdl not be detrimental to the pubhc health, safety, or welfare, or ~njurious to other property ~n the area, or to the C~ty ~n adm~mstenng th~s UDO. d. Subdivision That the granbng of the variance wdl not have the effect of prevenbng the orderly subd~ws~on of other land ~n the area ~n accordance w~th the prows~ons of th~s UDO. e. Flood Hazard Protection That the granting of the variance wdl not have the effect of preventing flood hazard protecbon ~n accordance w~th Arbcle 8, Subdivision Design and Improvements. f. Other Property That these cond~bons do not generally apply to other property ~n the vicinity. g. Hardships That the hardship ~s not the result of the applicant's own acbons. h. Comprehensive Plan That the granbng of the variance would not substanbally confhct w~th the Comprehensive Plan and the purposes of th~s UDO. i, Utilization That because of these cond~bons, the apphcat~on of the UDO to the parbcular p~ece of property would effecbvely prohibit or unreasonably restrict the ubhzat~on of the property. Limitations The Zomng Board of AdJustment may not grant a variance where the effect would be any of the following: a. To allow the establishment of a use not otherwise permitted In the apphcable zomng d~stnct; b. To ~ncrease the density of a use, above that permitted by the apphcable d~stnct; 3-38 Umfied Development Ordinance 6/].3/03 C~ty or College Stabon, Texas Article 3 Development Review Procedures Section 3.16. Variances c. To extend physically a nonconforming use of land; or d, To change the zomng d~stnct boundaries shown on the Official Zomng Map. 3. Profitability Not to Be Considered The fact that property may be ubl~zed more profitably should a variance be granted may not be considered grounds for a variance. 3-39 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Arbcle 3. Development Review Procedures Secbon 3 17 Adm~mstrabve Appeals 3.17 Administrative Appeals A. Applicability Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by, or any officer or department affected by, specific points found ~n any of the following final decisions of the Adm~mstrator: 1. Written ~nterpretabons of the text of th~s UDO; or 2. Demal of building permit or s~te plan based on ~nterpretabon of Article 7, General Development Standards. Appeals to the Planmng and Zomng Commission may be taken by any person aggrieved by, or any officer or department affected by specific points found in the Application Adm~mstrator's written ~nterpretat~ons of the text of the Subdivision Regulabons. Per Ordinance No. 2753 dated September 23, 2004 B. Effect of Appeal An appeal to the ZBA stays all legal proceedtngs tn furtherance of the action appealed from, unless the Admmtstrator from whom the appeal ts taken certtfles to the Zomng Board of Adjustment a~cer the nobce of appeal shall have been filed wtth htm, that by reason of facts stated tn the certtflcate a stay would, tn hts optnton, cause tmmtnent peril to hfe or property. Tn such case, proceedtngs shall not be stayed otherwtse than by a restraining order whtch may be granted by the Board or by a Court of record on apphcatton, on nottces to the offtcer from whom the appeal ts taken, and on due cause shown. Per Ordinance No. 2753 dated September 23, 2004 C. Deadline for Submission of Application An appeal from any final decision of the Admlmstrator shall be filed w~th the Adm~mstretor within 30 days of receipt of the decision. If no appeal ~s filed w~th~n 30 days, the decision shall be final. D. Application A complete appllcabon for an adm~mstrabve appeal shall be submitted to the Adm~mstrator as set forth ~n Section 3.1.C, Apphcation Forms and Fees. E, Record of Administrative Decision The Adm~mstrator shall forthwith transmit to the Zoning Board of Adjustment or the Planmng and Zomng Commission, as appropriate, all the papers consbtubng the record of the acbon appealed. Per Ordinance No. 2753 dated September 23, 2004 F. Hearing The Zomng Board of Adjustment or Planmng and Zomng Commission, as appropriate, shall hear the appeal w~thm 60 days of the date of the appeal appllcabon or such extension as requested by the apphcant or Adm~mstrator, give pubhc not~ce as set forth ~n Section 3.1.F, Required Pubhc Nobce, as well as due not~ce to the part~es In Interest, and dec~de the same w~th~n a reasonable brae. Per Ordinance No. 2753 dated September 23, 2004 3-40 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 3. Development Review Procedures Section 3 17 Administrative Appeals Final Action by Zoning Board of Adjustment or Planning and Zoning Commission The Zoning Board of Adjustment or Plaflmflg and Zoning Commission, as appropriate, may only consider the specific ~nterpret~ve language of the Administrator and may reverse or affirm wholly or partly, or may modify the ~nterpretabon appealed from. [n any case, the Board or Commission shall only present findings regarding specific errors made ~n the Administrator's ~nterpretatlon. Per Ordinance No. 2753 dated September 23, 2004 3-41 Umfled Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 3 Development Review Procedures Secbon 3 18 Text Amendment 3.18 Text Amendment A. Purpose For the purpose of estabhsh~ng and mmntalmng sound, stable, and desirable development w~th~n the temtonal hm~ts of the C~ty, the text of th~s UDO may be altered from bme-to-bme. B. Initiation of Amendments An amendment to the text of th~s UDO may be ~mbated by: 1. C~ty Councd on ~ts own motion; 2.The Planmng and Zomng Commission; or The Adm~mstrator. C. Approval Process 1. Review and Report by Administrator Planning & Zon.ng Commission The Admlmstrator shall review the proposed text amendment ~n hght of the Comprehensive Plan and g~ve a report to the Planmng and Zomng Commission. 2. Referral To Planning and Zoning Commission The Adm~mstrator shall refer the same to the Planmng and Zomng Commission for study, heanng, and report. The Planmng and Zoning Commission may d~rect staff to proceed w~th drafting the amendment and scheduhng the necessary pubhc heanngs, forward the proposed text amendment to C~ty Councd for d~rect~on, or determine not to pursue the proposed amendment. The Ctty Counctl may not enact the proposed text amendment unttl the Planning and Zoning Commtsston makes its report to the Ctty Counctl. 3. Recommendation by Planning and Zoning Commission a. Notice The Adm~mstrator shall publish and post pubhc nobce ~n accordance w~th Section 3.1.F, Required Pubhc Notme, and shall recommend to the C~ty Councd such action as the Commission deems proper. b. Public Hearing A pubhc heanng shall be held by the Planmng and Zoning Commission before making a recommendation to the C~ty Councd. 4. City Council Action a. Notice The Administrator shall pubhsh and post nobces ~n accordance w~th Section 3.1.F, Reqmred Pubhc Nobce, before taking final action on the amendment. b. Public Hearing The C~ty Councd shall hold a pubhc heanng and approve, approve w~th modff~cabons or cond~bons, or d~sapprove the text amendment. 3-42 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas Arbcle 3 Development Review Procedures Section 3.19. Comprehensive Plan Amendment 3.19 Comprehensive Plan Amendment A. Purpose ~~1 For the purpose of estabhshlng and ma~ntmnmg sound, stable, and desirable development w~thm the territorial hm~ts of the C~ty, the Comprehenswe Plan, including specifically, the Land Use Plan and the Thoroughfare Plan, shall be amended only based upon changed or changing cond~bons ~n a particular area or ~n the C~ty. B. Initiation of Amendment An amendment may be initiated by: ~ Zoning Commission ~.. Oty Council on ~ts own mobon; 2. The Planmng and Zomng Commission; 3. The Admlmstrator; or 4. The property owner(s). C. Amendment Application A complete apphcabon for a Comprehensive Plan amendment shall be submitted to the Adm~mstrator as set forth ~n Section 3.1.C, Apphcabon Forms and Fees. Approval Process l. Review and Report by Administrator Once the apphcabon ~s complete, the Adm~mstrator shall review the proposed amendment ~n hght of the remainder of the Comprehensive Plan and cond~bons ~n the OLy, and give a report to the Commission and Counol. 2. Recommendation by Planning and Zoning Commission a, Notice The Planmng and Zomng Commission shall publish and post pubhc nobce ~n accordance w~th Section 3.1.F, Required Pubhc Notice, and shall recommend to the Oty Councd such action as the Commission deems proper. b. Public flearlng A pubhc heanng shall be held by the Planmng and Zomng Commission before making a report to the C~ty Councd. c. Review and Action by Planning and Zoning Commlseion The Planmng and Zomng Commission shall rewew the amendment and approve, approve w~th conditions, deny, or determine that the proposed development comphes w~th the Comprehensive Plan and no amendment ~s reqmred. If the Commission determtnes that no amendment ~s required, the apphcant may proceed w~th the next step ~n the development process. No further acbon by the City Councd ~s required. 3-43 Umfled Development Orchnance 6/:!.3/03 Oty of College Stabon, Texas Article 3 Development Review Procedures Secbon 3 19 Comprehensive Plan Amendment 3. City Council Action a. Notice The Oty Counol shall pubhsh and post pubhc not~ce ~n accordance w~th Secbon 3.1.F, Required Pubhc Nobce, before taking final action on a petition to amend the Comprehensive Plan. b. Public Hearing The Oty Counol shall hold a pubhc heanng and approve, approve with modff~cabons, or d~sapprove the apphcabon to amend the Comprehenswe Plan. c. Review and Final Action by City Council The Oty Council shall rewew the amendment and approve, approve w~th conditions, or deny the apphcat~on. Limitation on Reapplication If a petR~on for a plan amendment ~s demed by the Oty Counol, another pebbon for reclass~ficabon of the same property or any port~on thereof shall not be considered w~th~n a period of 180 days from the date of den~al, unless the Planning and Zoning Commission finds that one of the following factors are apphcable: 1. There ~s a substanbal change ~n orcumstances relevant to the Issues and/or facts considered dunng rewew of the application that m~ght reasonably affect the decision-making body's apphcabon of the relevant rewew standards to the development proposed In the apphcabon; or 2. New or additional mformabon ~s avadable that was not avmlable at the bme of the rewew that m~ght reasonably affect the deos~on-mak~ng body's apphcabon of the relevant rewew standards to the development proposed; or 3. A new apphcabon ~s proposed to be submitted that Is materially d~fferent from the prior apphcat~on (e.g., proposes new uses or a substanbal decrease ~n proposed densities or ~ntens~t~es); or 4. The final decision on the apphcabon was based on a material m~stake of fact. Unff~ed Development Ordinance 6/13/03 Oty or College Station, Texas Article 4. Zoning D~stncts Section 4.]. Establishment of Districts Article 4. Zoning Districts 4.1 Establishment of Districts For the purpose of this UDO, porbons of the Oty, as specified on the Offioal Zomng Map of the CRy, are hereby d~wded ~nto the zomng, design, and overlay d~stricts enumerated below. The ~ntens~ty regulabons apphcable for such zomng d~stncts are designated ~n Article 5 and the use regulabons are designated ~n Article 6 of th~s UDO. A-O Agricultural-Open A-OR Rural Residential Subdlws~on R-1 S~ngle-Famdy Res~denbal R-lB S~ngle-Fam~ly Res~denbal R-2 Duplex Residential R-3 Townhouse R-4 Hultl-Famdy R-6 H~gh DensRy Mulb-Fam~ly R-7 Manufactured Home Park A-P Ad m~nlstratwe/Profess~onal C-! General Commeroal C-2 Commercial-Industrial C-3 Light Commercial M-Z L~ght Industrial N-2 Heavy Industrial C-U College and Umvers~ty R&D P-MUD Planned M~xed-Use D~stnct PDD Planned Development District WPC Wolf Pen Creek Development Corridor · NG-1 Core Northgate ~= NG-2 Commeroal Northgate z NG-3 Res~denbal Northgate OV Corridor Overlay RDD Redevelopment District 4-1 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Article 4. Zomng Districts Section 4 2 Official Zomng Hap 4.2 Official Zoning Map A. The City ~s hereby divided into the above zomng d~stncts, as shown on the Official Zomng Map, together with all explanatory matter thereon, and adopted by reference and declared to be a part of th.s UDO. The Official Zomng Map shall be Identified by the s~gnature of the Mayor, attested by the City Secretary, and beanng the Seal of the C~ty of College Stabon under the following words: "Th~s ~s to certify that th~s ~s the Official Zomng Map referred to ~n Secbon 4.2 of the Umfled Development Ordinance (UDO) of the C~ty of College Stabon, Texas." B. If, ~n accordance w~th the prows~ons of th~s UDO and §211.006 of the Texas Local Government Code, as amended, changes are made m the d~stnct boundaries or other matter portrayed on the Official Zomng Map, such changes shall be entered on the Official Zomng Map promptly after the amendment has been approved by the C~ty Councd and s~gned by the Mayor. C. Approved zoning changes shall be entered on the Official Zoning Map by the Adm~mstrator and each change shall be ~denbfied on the Map w~th the date and number of the Ordinance making the change. D. No change of any nature shall be made on the Official Zomng Map or matter shown thereon except ~n conformity w~th procedures set forth m th~s UDO. Any unauthorized change of whatever k~nd by any person or persons shall be considered a wolabon of th~s UDO and pumshable as prowded under Secbon 10.2, Penalbes for V~olat~on. E. Regardless of the existence of purported cop~es of the Official Zomng Map which may from t~me-to-t.me be made or pubhshed, the Official Zomng Map, which shall be located m the office of the Development Services Department, shall be the final authority as to the current zoning status of land and water areas ~n the C~ty. The Official Zoning Map shall be avmlable to the pubhc at all hours when the CRy Hall ~s open to the pubhc. F. An electromc version of the Official Zomng Map, kept as a map layer m the C~tyls Geographic [nformabon System (GIS) ~n the Office of the Development Services Department, may be used and mamtmned as the Official Zoning Map. G. A zomng atlas, or zomng book, may be prepared and mamtmned as necessary for the use of C~ty employees and has no official status. 4.3 Replacement of Official Zoning Hap A. This UDO hereby incorporetes the Official Zomng Map. B. Unless the prior Official Zomng Map has been lost or has been totally destroyed, the prior map or any s~gmflcant parts thereof remmnmg shall be preserved, together w~th all avmlable records pertaining to Its adoption or amendment. 4.4 Rules for Znterpretation of District Boundaries Where uncertmnty exists as to the boundaries of d~stncts as shown on the Official Zomng Map, the following rules shall apply: A. Boundaries Indicated as approximately following the centerlines of streets, h~ghways, or alleys shall be construed to follow such centerhnes. B. Boundaries indicated as approximately following platted lot hnes shall be construed as following such lot hnes. 4-2 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 4 Zoning D~stncts Section 4 4 Appilcabon of D~stnct Regulabons C. Boundaries ~nd~cated as approximately following c~ty hm~ts shall be construed as following such city limits. D. Boundaries red.cared as following radroad lines shall be construed to be m~dway between the rails of the mare hne. E. Boundaries red.cared as following shorehnes shall be construed to follow such shorehnes, and m the event of change In the shorehne shall be construed as moving w~th the actual shorehne. Boundaries mdlcated as approximately followmg the centerhnes of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerhnes. F. Boundaries ~nd~cated above as parallel to, or extensions of features, shall be so construed. The scale of the map shall determine d~stancas not specifically ~nd~cated In a classification amendment. G. Where physical or cultural features ex~sbng on the ground are at variance w~th those shown on the Official Zonmg Map, or m other c~rcumstances not covered above, the Zomng Board of Adjustment (ZBA) shall mterpret the d~stnct boundaries as prowded m Section 2.3, Zomng Board of Adjustment. 4.5 Application of District Regulations A. Uniformity The zomng regulabons as set forth by th,s UDO w~th~n each d~stnct shall be apphed uniformly for each class or k~nd of budding; however, the regulations vary from d~stnct to d~strict In accordance w~th their respective purposes for the character of each district and ~ts pecuhar suitability for particular uses, w~th a wew of conserving the value of buddmgs and encouraging the most appropriate use of land ~n the mumc~pahty. B. Newly Annexed Territory The adm~mstrabon of th~s UDO to newly annexed territory shall consider the following prows~ons: :l. Any territory hereafter annexed to the C~ty of College Stat.on, not otherwise classified at the brae of annexation, shall be classified by applying the A-O, Agricultural Open d~stnct. 2. Upon annexabon, no person shall Imtlate any development or construcbon acbwty, mcludmg site preparabon, foundabon formmg, s~gn erection, construction, ~mprovement, repmr or demohbon w~th~n a newly annexed area w~thout first applying for and obtmmng the appropriate permits or other approvals required by th~s UDO. 5. No person relying on a clmm of vested rights shall conbnue any development act~wty w~th~n a newly annexed area w~thout first applying for and obtmmng a buddmg permit; however, persons are not precluded from the following acbwbes: a. conbnumg to use land ~n the area ~n the manner m which the land was bemg used on the date the annexabon proceedmgs were Instituted ff the land use was legal at that brae; or b. begmmng to use land ~n the area ~n the manner that was planned for the land before the 90th day before the effecbve date of the annexabon ~f: 4-3 Unified Development Ordinance 6/13/03 City of College Station, Texas Arbcle 4 Zoning D~stncts Secbon 4 5 Apphcat~on of D~stnct Regulabons (1) one or more hcenses, cerbficates, permits, approvals, or other forms of authorization by a governmental enbty were reqmred by law for the planned land use; and (2) a completed apphcat~on for the ~nit~al authorization was filed w~th the governmental enbty before the date the annexabon proceedings were ~nst~tuted. For purposes of th~s secbon, a completed apphcabon ~s filed ff the apphcabon ~ncludes all documents and other Information designated as required by the governmental enbty ~n a wntten nobce to the apphcant. In accordance w~th §43.002. Conbnuabon of Land Use, of the Texas Local Government Code, the City may apply the following regulabons w~thln newly annexed territory: a. a regulabon relating to the Iocabon of sexually-oriented businesses; b. a regulabon relabng to prevenbng imm~nent destrucbon of property or ~nlury to persons; c. a regulation relating to pubhc nuisances; d. a regulabon relating to flood control; e. a regulabon relating to the storage and use of hazardous substances; f. a regulabon relabng to the sale and use of fireworks; or g. a regulation relabng to the d~scharge of firearms. Any person w~th an ~nterest in property within a newly annexed area may apply to the Adm~mstrator for a determination of the vested rights such person has, ~f any, to continue development act~wt~es ~mbated prior to annexabon. Such determ~nabons shall be based upon all perbnent facts and upon the relevant decisions of State and Federal courts. The apphcant may submit any written evidence to the Administrator for cons~derabon. The Adm~mstrator's written determination shall be final unless duly appealed to the Zomng Board of AdJustment. 4-4 Unified Development Ordinance 6/~.3/03 City of College Station, Texas Article 5 D~stnct Purpose Statements and Supplemental Standards Secbon 5 :!. Residential Zomng D~stncts Article 5. District Purpose Statements and Supplemental Standards Residential Zoning Districts Occupancy of any dwelhng in the following districts shall be limited to "family" as defined by th~s UDO. A. Agricultural-Open Th~s d~stnct Includes lands w~th~n the corporate hmlts of the C~ty, which are not subd~wded and are relabvely undeveloped. This district ts ~ntended to be apphed to land whtch ~s used for agricultural, very Iow-lntens~ty residential, or open space uses, but which ~s prelected ~n the Comprehensive Plan for conversion to more ~ntens~ve urban uses at such bme as community services are available and commumty needs for such uses are present. As such, it is a reserved area in which the future growth of the Oty can occur. B, Rural Residential Subdivision (A-OR) This district allows different infrastructure standards from the more urbanized developments w~th~n the C~ty, and is ~ntended for developments of a m~mmum of 50 acres that are to be subd~wded Into s~ngle-famlly tracts no smaller than one acre each. Generally, Iocabons are ~ntended to be at the periphery of the City where ~nfrestructure may not yet be available and not within the urbamzed core. [n the developed area of the C~ty, where ~nfrastructure IS available for extension, there may be Iocabons where a rural subdlws~on would be appropriate depending on surrounding land uses and the ex.sting read system. C, Single-Family Residential (R-l) Th~s district ~ncludes lands planned for single-family residential purposes and accessory uses. This district is designed to accommodate suffictent, suitable res~denbal neighborhoods, protected and/or buffered from Incompabble uses, and provided with necessary and adequate facilities and services. D. Single-Family Residential (R-lB) Th~s d~strlct ~s designed to provide land for detached s~ngle-fam~ly residential suburban development. This d~stnct contains lots that are larger than the mlmmum R-1 lot, but smaller than the m~mmum A-OR. E. Duplex Residential (R-2) Th~s d~stnct contains land that has been planned for duplex residential purposes and assoc;ated uses. Characterized by moderate density, it may be utlhzed as a trans~bonal zone. The following supplemental standards shall apply to th~s d~stnct: 1. Single-family dwellings shall conform to R-l, S~ngle-Famlly Res~denbal Standards. 2. Where parking is provided in the front yard of a duplex, an eight-foot setback shall be required between the property hne and the nearest ssde of the parking pad. This eight-foot setback area must contain a three-foot screen consisting of a continuous berm, hedge, or wall. In addition, an eight-foot setback shall be required between the dwelling unit and the nearest s~de of the parking pad. 5-1 Un{fled Development Ordinance 6/13/03 Ci~ of College Station, Texas Article 5 D~str~ct Purpose Statements and Supplemental Standards Section 5.1. Residential Zoning D~stncts F. Townhouse (R-3) Th~s d~str~ct contains land, which ~s to be used for a umque type of dwelhng, typically designed for ~nd~vidual ownership, or ownership ~n-groups of s~ngle- family attached residences constructed on ~nd~wdually platted lots. The following supplemental standards shall apply to th~s d~strlct: S~ngle-famdy dwelhngs shall conform to R-l, S~ngle-Famdy Res~denbal standards. NultI-Family (R-4) Th~s d~stnct prowdes land for development of apartment and condom~mum umts at Iow to medium densities. Th~s d~strlct may serve as a trans~bonal zone between lower density residential areas and other residential or non-res~denbal areas. The following supplemental standards shall apply to th~s d~str~ct: [. Duplex dwelhng units shall conform to R-2, Duplex Res~denbal standards. 2. Townhouse dwelling umts shall conform to R-3, Townhouse standards. Per Ordinance No. 2763 dated September 23, 2004 H. High Density Hulti-Famlly Th~s d~stnct contains land used for a variety of housing types, but primarily mulbple famdy dwellings. Th~s d~strlct ~s designed to prowde the h~ghest density ~n the commumty for developments ~n close proximity to the Umvers~ty. The following supplemental standards shall apply to th~s d~str~ct: 2. Duplex dwelhng umts shall conform to R-2, Duplex Res~denbal standards. 2. Townhouse dwelhng umts shall conform to R-3, Townhouse standards. Per Ordinance No. 2763 dated September 23, 2004 I. Hanufactured Home Park Th~s d~str~ct contains land that ~s located, designed and operated as a s,te for residential uses conslsttng of manufactured homes ~n accordance w~th the permitted uses. The following supplemental standards shall apply to th~s d~stnct: :l.. The construcbon, reconstrucbon, alteration, or enlargement of a manufactured home park must be pursuant to an approved s~te plan. 2. H~mmum manufactured home park area ~s two conbguous acres. 3. Haximum gross density shall be 10 dwelhng umts per acre. 4. M~mmum setback for a manufactured home from a pubhc street shall be 15 feet. 5. H~nlmum setback for a manufactured home from a lot line shall be 15 feet. 6. H~mmum setback for a manufactured home from a private street, parking, or other common area shall be 15 feet. 7. I~hmmum setback between two manufactured homes shall be 15 feet; except that private accessory storage structures located on an ~nd~wdual manufactured home lot need not maintain a separabon from the manufactured home that occupies the same lot. Parking areas may be located w~th~n common parking areas or on ~ndlvldual manufactured home lots, prowded that the parking required for each manufactured home ~s located w~thm 200 feet of each lot. 5-2 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Arbcle 5 D~stnct Purpose Statements and Supplemental Standards Section 5 2 Resldenbal D~mens~onal Standards Each manufactured home park lot shall have access to public utilibes, and It shall have vehicular access to/from either a pubhc right-of-way or private drive. 5.2 Residential Dimensional Standards The following table estabhshes d~mens~onal standards that shall be apphed w~th~n the Res~denbal Zomng D~stncts, unless otherwise ~dentlfied ~n th~s UDO. M~n Lot Ama per Dwelhng 5 ! 5,000 SF 8,000 SF 3,500 SF 2,000 SF None None Unit (DU) Acres Acre M~n. Lot Width None None 50' None 35'/DU(E) None None None M~n. Lot Depth None None 3.00' None ~.00' None None None M~n Front Setback (H) 50' 50' 2S'(D) 25'(D) 25'(D) 25'(D) 25'(D) 25'(D) H~n S~de Setback 20' 20' 7 5' 7 5'(C) 7.5'(C) (A) (A)(B) (A)(B) M~n Street S~de Setback 15' 15' 15' 15' 15' 15' 15' 15' Min Side Setback between Structures (B) 15' 15' 15' 7 5' 7.5' 7.5' M~n Rear Setback 50' S0' 20' 20' 20'(F) 20' 20' 20' Max Height 35' 35' 2.5 Stories/ 2 5 Stones/ 2.5 Stones 35' G G 35' 35' 35' Max. Dwelhng Umts/Acre 0 2 1.0 8 0 6 0 12.0 14 0 20 0 30 0 10.0 Per Ordinance No. 27S3 dated September 23, 2004 Notes: A minimum s~de setback of 7.5 feet ~s reqmred for each building or group of contiguous buddings. Lot hne constructmn on Intarlor lots w~th no s~de yard or setback ~s allowed only where the budding ~s covered by fire protection on the s~te or by dedicated right-of-way or easement (C} Zero lot hne construction of a residence ~s allowed where property on both s~des of a lot line Is owned and/or developed simultaneously by s~ngle party Development under lot hne construcbon reqmres prior approval by the Zomng Official ]n no case shall a s~ngle-famdy residence or duplex be budt w~th~n 3.5 feet of another primary structure See Article 8, Subd~ws~on Design and [mprovements, for more ~nformatlon (D) M~mmum front setback may be reduced to :1.5 feet when approved rear access ~s prowded, or when side yard or rear yard parking ~s prowded (E) The m~mmum lot w~dth for a duplex dwelhng may be reduced to 30 feet per dwelhng umt when all required off-street parking Is provided in the rear or s~de yard (F) Minimum rear setback may be reduced to 15 feet when parking ~s prowded m the front yard or side yard. (G) Shall abide by Secbon 7 ! H, Height (H) Reference Section 7.3..D.1.e for lots created by plat prior to 3uly 15, 1970 5-3 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas A~acle 5. D~stnct Purpose Statements and Supplemental Standards Secbon S 3 Non-Residential Zonmg D~stncts 5.3 Non-Residential Zoning Districts A. Administrative-Professional (A-P) Th~s d~stnct wdl accommodate selected commercial businesses that provtde a service rather than sell products, e~ther retad or wholesale. The uses allowed have relabvely Iow traffic generabon and require hm~ted location ~denbficat~on. B. General Commercial (C-t) Th~s d~stnct ~s designed to prowde Iocabons for general commeroal purposes, that ~s, retml sales and service uses that funcbon to serve the enbre commumty and ~ts ws~tors. C. Commercial-Zndustrlal (C-2) Th~s d~stnct ~s designed to prowde a location for outlets offenng good and services to a hm~ted segment of the general pubhc. The uses Included pnmardy serve other commercial and ~ndustnal enterprises. D. Light Commercial (C-3) Th~s d~stnct ~s designed to prowde locations for commeroal s~tes that are too small for many permitted uses ~n the C-1, General Commeroal D~stnct. These are moderately Iow traffic generators that have httle impact on adjacent areas or on adjacent thoroughfares. The follow~ng supplemental standard shall apply to th~s d~stnct: No C-3 zoning d~strlct, ~ncludmg adjacent C-3 zoning districts, shall exceed a combined total of five acres ~n area. E. Light Tndustrlal (M-l) Th~s district IS prowded for offices, research and development act~wt~es and h~gh technological, hght manufactunng, non-pollubng mdustnes that are self- contamed. It ~s further intended that the L~ght Industrial District may be compabble w~th adjacent uses ~n any other d~strlct, dependmg upon the character of the operabon and the cond~bons ~mposed. F. Heavy Zndustrlal (M-2) Th~s d~stnct ~s designed to prowde land for manufactunng and Industrial act~wtms w~th generabon of nmsance charactensbcs greater than acbwt~es permitted In the C-2 and M-1 zoning d~stncts. PermRted uses within this d~stnct are generally not compabble w~th residential uses of any density or lower ~ntens~ty commercial uses. G. College and University (C-U) Th~s d~stnct ~s apphed to land which ~s located w~th~n the boundaries of the Texas A&M University campus or are owned by the University. H. Research & Development (R&D) This district IS designed for administrative and professional offices, and research and development onented light ~ndustnal uses meeting the standards and performance criteria established in th~s section. These uses could be compatible w~th Iow mtens~ty uses and all res~denbal uses, thereby mmntmn~ng the character and Integrity of neighborhoods. Th~s d~stnct should be carefully located ~n areas where there ~s suffioent access to arterial level thoroughfares. The following supplemental standards shall apply to th~s district: 5-4 Unified Development Ordinance 6/13/03 City of College Station, Texas Arbcle 5 D~stnct Purpose Statements and Supplemental Standards Secbon 5 3 Non-Res,denbal Zomng D~stncts 1. Performance Criteria for All Uses a. Zmpervious Surface: impervious surface is limited to 70 percent. b. Floor Area Ratio (FAR): The maximum FAR in this district shall not exceed 50 percent. c. Building Materials: All main buildings shall have not less than 90 percent of the total exterior walls, excluding doors, windows and window walls, constructed or faced with brick, stone, masonry, stucco or precast concrete panels. d. Signs: Any detached or freestanding slgnage shall meet the criteria for Iow-profile s~gns established ~n Secbon 7.4, S~gns. Materials shall match building facade materials. e. Other District Regulations: Uses should be designed to prowde adequate access and internal orculabon such that travel through residentially-zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7 p.m. and 6 a.m. must meet all the performance criteria estabhshed [n this section, as well as limit vehicular access into the site through a designated access point that m~tlgates any adverse ~mpacts of the traffic on surrounding res~denbal areas. 2. Additional Standards a. This section may be applied to any conditional use proposed in this d~stnct when either the Admm~stretor or Development Engineer believe that the existing performance standards contained m this UDO are msufficmnt to address the proposed use because of ~ts technology or processes and thus, will not effectwely protect adjacent existing or future land uses. One or both shall so advise the Planning and Zoning Commission in writing. b. Zn such cases, the Planning and Zoning Commission shall hold a hearmg to determine whether a professional mvesbgabon or analys~s should be performed to idenbfy and estabhsh additional reasonable standards, if so determined, based on the mformabon presented at the hearing, the Planning and Zoning Comm~ss.on will Identify the areas to be investigated and analyzed and wll~ direct the staff to conduct the appropriate research necessary to develop standards for successful management of the new project. Any and all costs incurred by the Oty to develop add~tmnal standards shall be charged to the applicant and included as an addition to the cost of e~ther the budding permit fee or zoning application fee. 5-5 Umfied Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 5 D~strlct Purpose Statements and Supplemental Standards Secbon 5 4 Non-Res~denbal D~mens~onal Standards 5.4 Non-Residential Dimensional Standards The following table establishes dimensional standards that shall be applied within the Non-Resldenbal Zoning Districts, unless otherwise identified in th~s UDO: A-P C-1 C-2 C-3 N-1 M-2 R&D Phn. Lot Area None None None None None None 20,000 SF M~n. Lot Width 24' 24' 24' 24' 100' None 100' Mm. Lot Depth 100' 100' 100' 100' 200' None 200' Phn. Front Setback 25' 25' 25' 25' 25' 25' 30' N~n. Side Setback (A)(B) (A)(B) (A)(B) (A)(B) (A)(B) (A)(B) 30' (B) Plan St. S~de Setback 15' 15' 15' 15' 15' 25' 30' Min. Rear Setback 15' 15' 15' 15' 15' 15' 30'(DI Plax Hm~lht (CI (C) (C) (C} (C) (C) (C) Notes: (A) A minimum side setback of 7.5 feet shall be required for each building or group of contiguous buddings. (B} Lot hne construcbon on ~ntenor lots with no s~de yard or setback ~s allowed only where the budding ~s covered by fire protection on the s~te or separated by a dedicated pubhc right-of- way or easement of at least 15 feet ~n w~dth. (C) See Secbon 7.1.H, Hmght. (D) When abutting non-residentially zoned or used land, the rear setback may be reduced to 20 feet. 5.5 Planned Districts (P-MUD and PDD) A. The Planned M~xed-Use D~stnct (P-MUD) and the Planned Development D~stnct (PDD) are Intended to prowde such flex.briery and performance criteria which produce: 1. A maximum choice ~n the type of enwronment for working and hwng avmlable to the pubhc; 2.Open space and recreabon areas; 3. A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion; 4.A creabve approach to the use of land and related physical development; 5. An effioent use of land resulbng ~n smaller networks of ubhbes and streets, thereby lowering development costs; 6. An environment of stable character ~n harmony w~th surrounding development; and 7. A more desirable enwronment than would be possible through stnct apphcabon of other sections or d~stncts ~n th~s UDO. B. Planned Mixed-Use District (P-MUD): The purpose of th~s d~stnct ~s to permit areas which encourage m~xmg of land uses such as retml/commerc~al, office, parks, mulb-fam~ly, and attached s~ngle-famdy. These uses are developed together m a manner that allows ~nteracbon between the uses and that allows each use to support the other uses. W~th~n any P-MUD, resldenUal and non-res~denbal land uses shall each consbtute at least 20 percent of the overall land uses w~thm the m~xed-use development. The remaining 60 percent may be any combination of resldentml or non-residential land uses. The res~denbal uses prowde the patrons for the office and commercial uses. The 5-6 Umfled Development Ordinance 6/:!.3/03 Oty of' College Stabon, Texas Article 5 D~stnct Puq~ose Statements and Supplemental Standards Section 5 6 Design D~stncts success of these m~xed-use areas Is directly related to the senslbve master planmng of the s~te layout. The P-MUD is appropriate ~n areas where the land use plan reflects m~xed use as a land use category. A P-MUD may be used to permit new or ~nnovatlve concepts ~n land utd~zat~on not permitted by other zomng districts. Whde greater flexlbihty ~s g~ven to allow special conditions or restncbons that would not otherwise allow the development to occur, procedures are estabhshed to ~nsure agmnst m~suse of ~ncreased flexibility. Planned Development District (POD).' The purpose of the Planned Development D~stnct ~s to promote and encourage ~nnovabve development that ~s sensitive to surrounding land uses and to the natural enwrenment. If th~s necessitates varying from certmn standards, the proposed development should demonstrate commumty benefits. The PDD ~s appropriate ~n areas where the land use plan reflects the specific commercial or res~denbal uses proposed m the PDD. A PDD may be used to permit new or ~nnovat~ve concepts ~n land ubhzat~on not permitted by other zomng d~stncts. Whde greater fiex~bd~ty ~s g~ven to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are estabhshed to insure agmnst m~suse of ~ncreased flex~b~hty. A PDD should not be used to: Guarantee specific s~te or budding charactensbcs w~th~n a development; 2. Apply add~bonal development standards to a s~ngle s~te; 3. Vary from certmn development standards unless commumty benefits outweigh the requested mod~ficabons; or 4. Combine commercial and res~denbal land uses. A P-MUD shall be used for m~xed-use developments. 5.6 Design Districts A. Wolf Pen Creek (WPC) Th~s d~strict ~s designed to promote development that ~s appropriate along Wolf Pen Creek, which, upon creation was a predominantly open and undeveloped area challenged by drelnage, erosion, and flooding ~ssues. Development proposals are designed to encourage the pubhc and private use of Wolf Pen Creek and the development corridor as an actwe and passive recreabonal area wh~le mmntmnmg an appearance consistent w~th the Wolf Pen Creek Master Plan. The following supplemental standards shall apply to th~s d~stnct: :1.. Development Criteria a. Th~s Section ~s ~ntended to ensure that development occurs in comphance w~th the Master Plan for the Wolf Pen Creek Corridor. Pertinent to appearance is the design of the s~te, braiding and structures, planbngs, s~gns, street hardware, and miscellaneous other objects that are observed by the pubhc. b. These criteria are not ~ntended to restrict ~mag~nabon, ~nnovabon, or variety, but rather to assist ~n focusing on design principles, which can result ~n creabve solutions that wdl develop a sabsfactory wsual appearance w~th~n the C~ty, preserve taxable values, and promote the pubhc health, safety, and welfare. 5-7 Umfled Development Ordinance 6/:!.3/03 C~ty of College Stabon, Texas Ar[Joia 5. DJStnct Purpose Statements and Supplemental Standards Section 5 6 Design D~strlcts C. In order to create and then preserve a d~stlncbve atmosphere and character ~n the Wolf Pen Creek development corridor, elements listed ~n 3.6.F, Additional Rewew C,tena, shall be considered ~n the review of all projects and proposals for development. Dedication/Development of Drainage and Pedestrian Accesswaye Except for mlmmum reservabon areas dedicated or developed ~n accordance w~th the Wolf Pen Creek Master Plan, the flood fnnge area may be reclaimed upon approval of reclamabon plans by the C~ty Engineer. a. The Upstream Phase of the development corridor along Wolf Pen Creek means the area between Texas Avenue and Dartmouth Drive. The area to be dedicated or developed consists of the floodway and the m~nlmum reservation I~ne as defined ~n the Wolf Pen Creek Master Plan and shall be referred to as the m~nlmum reservabon area. b. The Downstream Phase of the development corridor along Wolf Pen Creek means the area between Dartmouth Drive and the Earl Rudder Freeway. The area to be dedicated or developed consists of property described ~n Ordinance #2534 and shall be referred to as the m~mmum reservation area. c. Where applicable, the floodway and the m~mmum reservabon line for the Upstream Phase of the development cor,dor, and/or the minimum reservabon area for the Downstream Development Phase, shall be ~nd~ceted on the s~te plan. d. Upon development of the property w~th~n the Wolf Pen Creek development cot,dot, the minimum reservabon area may be: (J.) Dedicated ~n fee s~mple or as a drainage and access easement, or (2) Improved by the developer to conform w~th the standards of the development corndor. e. Property w~thm the mlmmum reservabon area w~ll: (2) Prowde drainage capacity necessary to convey the floodwaters of Wolf Pen Creek wh~le accommodabng the ~ncreased runoff from development of properties along the creek; (:2) Prowde an area to accommodate pedest,an access from, to, and between developments along the banks of Wolf Pen Creek m order to lessen congesbon along adjacent roadways for patrons of businesses along the cor,dor; (3) Prowde an area as necessary to address and prevent eres~on of creek banks resulbng from development both along the Creek ~n the development corridor and from floodwaters received from upstream of the development corridor; (4) Prowde an area necessary for public ~mprevements to the development corridor ~nclud~ng, but not limited to, tra~ls, I~ghtmg, ~rngabon, benches, kiosks, foot bndges w~th hand rails, trash receptacles, culverts, s~gnage, landscaping, emergency call boxes, public art, and b~cycle racks; and (5) Prowde access for drainage and facilities maintenance as necessary to support private development w~th~n the development cor,dor. 5-8 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Article 5, District Purpose Statements and Supplemental Standards Section 5 6. Design D~stncts f. All development shall be In accordance w~th the Wolf Pen Creek Corndor Study and Master Plan (1988), the Rewsed Wolf Pen Creek Master Plan (1998) and the "Conceptual Plan, Trad System" prepared by Robert B. Ruth, dated February 25, 2001. g. Permitted private development w~th~n the minimum reservation area where ded~cabon ~s not made may include, but ~s not limited to: (2) Cleaning and removal of brush and bank stabd~zabon; (2) Erosion control; (3) Pedestrian walkways, hghbng, and access easements; and (4) Preservation of the natural setbng of the creek. h. Cross secbons as shown In the original Wolf Pen Creek Master Plan shall be used ~n des~gmng ~mprovements unless otherwise approved by the Design Review Board. i. The developer or property owner may submit any ~mprovements to the C~ty for dedication. Upon acceptance, the C~ty wdl maintain those facd~bes to the same standards as other pubhc development along the creek. Fill Naterials Fill materials must be placed or stored ~n accordance with a s~te plan approved by the Development Engineer. aD Fill must not be placed over ex~stmg utlhty hnes w~thout permission of the C~ty of College Stabon. bo nil must not be stored or placed under the dnphnes of any tree three ~nches or greater ~n cahper. c. Stored fill materials must be maintained ~n an aesthetically pleasing manner. d. IVlater~als may be hauled ~n or excavated for lake construction. Lighting a. On-s~te hghtlng shall be positioned to reduce glare and undesirable hght. b. Sodium lights shall not be installed or used ~n the Wolf Pen Creek Corndor. Lighting to provide security or cr~me prevenbon, or as a requirement for ~nsurance, shall be allowed. c. Exterior hghbng shall be part of the arch~tecturel concept. F~xtures, standards, and all exposed accessories shall be harmomous w~th budding design. L~ght fixtures shall be compabble w~th fixtures used elsewhere ~n the d~str~ct. Solid Waste a. Owners shall be encouraged In the Joint use of sohd waste collection agreements. Collection points may also act as vehicular access points for park maintenance vehicles. 13. Building service areas and sohd waste collecbon points shall be screened from the creek corridor, trad system, parking and vehicular use areas, and dedicated streets and shall not be w~th~n 20 feet of the m~mmum reservabon hne. Screemng shall consist of hwng plant materials, fences and/or walls. 5-9 Umfled Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 5 D~stnct Purpose Statements and Supplemental Standards Section 5 6. Design D~stncts 6. Relationship of Buildings to Site a. The s~te shall be planned to accomphsh a desirable trans~bon w~th the streetscape and to prowde for adequate planting, safe and effloent pedestrian movement, and parking areas. b. S~te planning in which setbacks and yards are m excess of zoning restncbons ~s encouraged to prowde an ~nterestmg relabonsh~p between buildings. c. Parking areas shall be treated w~th decoret~ve elements, budding wall extensions, plantings, berms, or other innovabve means so as to screen parking areas from wew from pubhc ways. d. The height and scale of each budding shall be compatible w~th ~ts s~te and exlsbng (or anbopated) ad]tatung buddings. e. Setbacks shall meet those of the C-1, General Commercial D~stnct for all commercial uses. f. All developments adjacent to the creek shall orient a focal pmnt to the floodplmn of the creek and have pedestrian access to the trml system. 7. Relationship of Buildings and Site to Adjoining Area Ad3acent buddings of d~fferent architectural styles shall be made compatible by such means as screens, sight breaks, and materials. e. Attrect~ve landscape transition to adjoining properbes shall be prowded. b. Harmony m texture, hnes, and masses ~s reqmred. Monotony shall be avoided. c. Joint vehicular access agreements from dedicated streets are encouraged and may be required by the Design Rewew Board. d. Park access easements for vehicular and pedestrian traffic shall be indicated on the s~te plan. e. Elevation drawings showing all s~des of a building shall be prowded. 8. Building Design a. Architectural style ~s not restricted. Evaluabon of the appearance of a project shall be based on the quahty of ~ts design and relationship to surroundings. b. Buddings shall have good scale and be ~n harmomous conformance w~th permanent ne~ghbonng development. c. Materials shall be selected for harmony of the budding w~th adjmmng braidings. d. Materials shall be selected for smtablllty to the type of buddings and the design ~n which they are used. Buddings shall use the same materials, or those that are architecturally harmomous, for all building walls and other exterior budding components wholly or partly wslble from pubhc ways. e. Materials shall be of durable quahty. f. In any design In whmh the structural frame ~s exposed to wew, the structural materials shall be compabble w~thm themselves and harmomous w~th their surroundings. g. Budding components, such as w~ndows, doors, eaves, and parapets, shall have good proporbons and relabonsh~ps to one another. It. Colors shall be harmomous and shall use only compabble accents. S-t0 Umfied Development Ordinance 6/13/03 Oty of College Stebon, Texas Article 5 D~stnct Purpose Statements and Supplemental Standards Secbon 5 6 Design Districts 10. I. Mechanical equipment or other ubhty hardware on roof, ground, or buildings shall be screened from pubhc wew w~th materials harmomous w~th the building, or they shall be so located as not to be ws~ble from any pubhc ways. J. Monotony of design In s~ngle or mulbple building projects shall be avmded. Vanabon of detml, form, and s~bng shall be used to prowde wsual ~nterest. [n mulbple building projects, variable s~bng or ind~wdual buildings may be used to prevent a monotonous appearance. Hlscellaneous Structures and Street Hardware a. IVhscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Natenals shall be compabble w~th braidings, scale shall be good, colors shall be ~n harmony w~th buildings and surroundings, and proporbons shall be attracbve. b. L~ghbng ~n connection w~th m~scellaneous structures and street hardware shall meet the criteria apphcable to s~te, landscape, buildings, and s~gns. Landscaping Landscape elements ~ncluded ~n these cntena consist of all forms of planbngs and vegetabon, ground forms, rock groupings, water patterns, and all ws~ble construction except buildings and ut~htanan structures. [n add~bon to the requirements of Section 7.5, Landscaping and Tree Protecbon, all landscaping shall meet the following: a. Where natural or ex~sbng topographic patterns contribute to beauty and ubhty of a development, they shall be preserved and developed. Nod~ficat~on to topography w~ll be permitted where ~t contributes to good appearance. b. Grades of walks, parking spaces, terraces, and other paved areas shall prowde an ~nwbng and stable appearance for walking, and, ~f seabng ~s prowded, for s~tbng. c. Landscape treatment shall be prowded to enhance architectural features, strengthen wstas and ~mportant axes, and prowde shade. d. Umty of design shall be achieved by repebbon of certmn plant vanebes and other materials and by correlabon w~th adjacent developments. e, Plant material shall be selected for ~nterest ~n ~ts structure, texture, and color, and for ~ts ultimate growth. Plants that are ~nd~genous to the area and others that w~ll be hardy, harmomous to the design, and of good appearance shall be used. f. [n Iocabons where plants w~ll be suscepbble to ~nJury by pedestnan or motor traffic, they shall be protected by appropriate curbs, tree guards, or other dewces. g, Parking areas and traffic ways shall be enhanced with landscaped spaces contmnlng trees or tree groupings. h. Where budding s~tes hm~t planbng, the placement of trees ~n parkways or paved areas Is encouraged. i. Screemng of service yards and other places that tend to be unsightly shall be accomphshed by use of walls, fencing, planting, or combinations of these. Screemng shall be equally effecbve ~n w~nter and summer. 5-11 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article $. D~stnct Purpose Statements and Supplemental Standards Secbon 5 6 Design Districts j. Zn areas where general planting will not prosper, other materials such as fences, walls, and pawngs of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined w~th such materials where possible. l~. Signs Commercial projects shall foUow the requirements of the C-l, General Commercial Dtstnct m addition to meeting the following: a. Every s~gn shall be designed as an ~ntegral architectural element of the building and s~te to which ~t principally relates. b. Every s~gn shall have good scale and proportion In ~ts design and m tls wsual relat~onshtp to buddings and surroundings. c. The colors, materials, and hght~ng of every s~gn shall be restrained and harmomous w~th the budding and s~te to whtch tt pnnc~pally relates. d. The number of graphic elements on a s~gn shall be held to the minimum needed to convey the stgn's ma]or message and shall be composed ~n proporbon to the area of the s~gn face. e. Each s~gn shall be compatible wtth signs on adjoining premises and shall not compete for attention. f. [denbficat~on s~gns of a prototype design and corporatton Iogos shall conform to the criteria for all other s~gns. [2. Maintenance a. Continued good appearance depends upon the extent and quality of mmntenance. The chmce of materials and their use, together w~th the types of fimshes and other protective measures, must be conductve to easy mamtenance and upkeep. b. Materials and fimshes shall be selected for their durabdlty and wear as well as for their beauty. Proper measures and devtces shall be Incorporated for protecbon agmnst the elements, neglect, damage, and abuse. c. Prows~on for washing and cleaning of buddings and structures, and control of d~rt and refuse, shall be included m the destgn. Configurations that tend to catch and accumulate debris, leaves, trash, d~rt, and rubbtsh shall be avoided. d. Ma]or maintenance actw~t~es that occur after a project ~s complete shall be reviewed by the Design Rewew Board. These actlvtbes include any replacement of hght fixtures or standards, and ma]or fence or landscape work or replacement. The ~ntent ~s to ~nsure that the development standards of th~s UDO are ma~ntmned throughout the hfe of a project. B. Northgate Districts (NG) The Northgate Area ~s one of the oldest urban areas within the C~ty of College Stabon. The Northgate Redevelopment Plan, which ~s ~ncorporated herein by reference, describes the Northgate area as hawng played an ~mportant role ~n serving both the C~ty of College Statton and Texas AbM Umvers~ty and as a unique "campus neighborhood" containing local businesses, churches, and off- campus housing m close prox~mRy to the University. Ex.sting development tn the Northgate area has aged and deteriorated and, as a result, needs revttahzat~on and redevelopment. Therefore, th~s zoning d~stnct and zoning regulabons have been designed to md m rewtahzatlon and redevelopment that ~s compabble wRh and wdl serve to preserve the character of the Northgate 5-~.2 Unified Development Ordinance 6/~.3/03 C~ty of College Station, Texas Article 5. D~stnct Purpose Statements and Supplemental Standards Section 5.6. Design D~stncts area. Th~s zomng district and concomitant regulations are only apphcable ~n th~s area. The Northgate D~stnct consists of three Subd~stncts; (1) NG-1 Core Northgate, (2) NG-2 Commercial Northgate, and (3) NG-3 Residential Northgate. The following supplemental standards apply to the entire Northgate D~stnct. 1. Special Restrictions Parking and traffic studies conducted for the Northgate Redevelopment Plan reveal that there ~s a s~gnlficant defioency ~n the numbers of avmlable parking spaces and that ex~sbng parking and traffic faoht~es are sub-standard. Because each particular use has relabvely d~fferent parking and traffic ~mpacts, when rewew~ng a pre~ect the DRB may require add~bonal parking and traffic ~mpact studies, a rewew of ex~sbng occupancy, and other reasonable appropriate data to determine the ~mpact of the pre,lect. Add~bonal parking may be required where studies reveal that ~t ~s necessary to reheve or m~bgate th~s Impact. 2. Subdlatrlct Regulations a. Subdlstrict NG-1 Core Northgate Th~s subd~strlct Is ~ntended for areas ~n Northgate contmmng h~storically s~gmficant structures that are included ~n the Northgate H~stonc Resources Survey, as well as structures that may be ehg~ble for ~nclus~on ~n the National Register for H~stonc Places. Th~s subd~stnct also apphes to areas containing a d~vers~ty of pedestnan- oriented retail and entertmnment businesses that are in close proximity to on-campus dormitories. This zomng d~stnct shall ~ncorporate regulabons ~n accordance w~th the Northgate Redevelopment Plan, which are designed to md structural rehab~htation and pedestrian-oriented ~nfill development ~n a manner compabble w~th the character of the Northgate area. (1) Historic Structures Structures over 50 years ~n age that are reflected as h~gh or medium pnonty structures ~n the Northgate H~storlc Resources Survey or have been determined to be ehg~ble for inclusion on the Nabonal Register of H~stonc Places shall be treated using methods and materials ~n accordance with the Secretary of the Zntenor's Standards for Rehab~htat~on. (2) Dimensional Requirements As reqmred by Chapter 3, Braiding Regulations of the Oty of College Station Code of Ordinances. Refer to Section 5.7, Design D~stnct D~mens~onal Standards. (3) Parking Requirements Off-street parking shall be as required by the DRB m accordance to parking and traffic ~mpact study data. The offstreet parking required by the DRB shall not exceed the m~mmum parking requirements set forth ~n the Parking Requirements contmned ~n Secbon 7.2, Off-Street Parking Standards. 5-13 Unified Development Ordlnan~ 6/13/03 Oty of ~llege Station, Texas Article 5 Dlstnct Purpose Statements and Supplemental Standards Secbon 5 6, Design D~sf~ncts (4) Bicycle Parking Projects involwng site development or redevelopment require the Installabon of btcycle parking spaces. For commercial businesses, a m~mmum of two b~cycle parking spaces per bustness plus one add~bonal space for each 1000 square feet of floor area above 2,000 square feet shall be reqmred. For apartments or res~denbal condom~mums, a m~mmum of one b~cycle space per dwelling umt shall be required. In no case shall more than 20 b~cycle parking spaces per bus~ness or apartment building be reqmred. (S) Landscape Requirements A landscape plan shall be required for all proposals Involwng s~te development or redevelopment, and shall be reviewed by the DRB ~n accordance w~th the following standards: (a) Landscape/streetscape ~mprovements shall be reqmred along at least one-third of the length of a property's frontage onto pubhc streets. Doorway w~dths and driveways shall be excluded from frontage calculations. (b) L~ve plant material must be ~ncluded where feasible In each proposal. (c) Ehglble landscape/streetscape ~mprovements shall Include rinsed planter boxes, at-grade planbng beds, ~ndoor window plantings where s~dewalks are too narrow for outside plantings, seabng benches, hght features, trash receptacles, decorative rathngs, and other elements featured ~n the College Stabon Streetscape Plan. (d) The standards set forth here~n are ~n heu of, and not m addition to, the landscaping reqmrements contmned m Section 7.5, Landscaping and Tree Protecbon. (6) Sign Regulations Attached s~gns only. Refer to Secbofl 7.4, S~gns. (7) Parking A three-foot h~gh parking screen shall be provided when parking ~s adjacent to pubhc right-of-way. Screemng may be accomphshed using plantings, berms, or structural elements. (8) Dumpsters Dumpsters shall be kept ~n the rear of the budding and shall be screened with dewces made of masonry or wood wtth surrounding landscaping. Where feasible, consohdatlon of dumpsters may be required by the DRB. b, Subdlstrlct NG-2 Commercial Northgate Th~s subd~stnct ~s intended for areas ~n Northgate containing larger rotatl commercial uses and undeveloped land. Th~s subd~stnct also apphes to areas ~denbfied m the Northgate Redevelopment Plan as suitable for m~xed-use redevelopment tn close proxtmlty to Texas Umvers~ty. Th~s zoning d~stnct shatl incorporate regulabons designed to md mixed-use development and redevelopment m a manner compabble w~th the general character of the Northgate area. 5-14 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 5. D~stnct Purpose Statements and Supplemental Standards Secbon 5 6 Design Districts (1) Dimensional Requirements As required by Chapter 3, Braiding Regulabons, of the City of College Station Code of Ordinances. Refer to Secbon 5.7, Design D,stnct Dtmenslonal Standards. (2) Parking Requirements Off-street parking shall be requtred by the DRB m accordance to parking and traffic impact study data. The offstreet parking required by the DRB shall not exceed the mlmmum parking requirements set forth in the parking requirements contained ~n Section 7.2, Off-Street Parking Standards. (3) Bicycle Parking Projects involving site development or redevelopment require the mstallabon of bicycle parking spaces. For commercial businesses, a minimum of 2 b~cycle parking spaces per business plus 1 add~bonal space for each 1,000 square feet of floor area above 2,000 square feet shall be required. For apartments or res~denbal condomtmums, a m~mmum of 1 bicycle space per umt shall be required. Tn no case shall more than 20 b~cycle parking spaces per business or apartment braiding be reqmred. (4) Landscape Requirements A landscape plan shall be reqmred for all proposals ~nvolv~ng site development or redevelopment, and shall be rewewed by the DRB tn accordance w~th the following standards: (al Landscape/streetscape ~mpmvements shall be reqmred along at least one-third of the length of a property's frontage onto public streets. Doorway w~dths and driveways shall be excluded from frontage calculabons. (b) L~ve plant material must be Included where feasible In each proposal. (c) Ehg~ble landscape/streetscape ~mprovements shall ~nclude rinsed planter boxes, at-grade planbng beds, ~ndoor w~ndow planbngs where s~dewalks are too narrow for outside plantings, seabng benches, hght features, trash receptacles, decorabve rethngs, and other elements featured tn the College Stabon Streetscape Plan. (d) The standards set forth herein are tn lieu of, and not ~n add~bon to, the landscaping requirements contmned ~n Secbon 7.5, Landscaping and Tree Protecbon. (5) Sign Regulations Attached s~gns only. Refer to Secbon 7.4, S~gns. Prowded however, ~f the apphcable s~te comphes w~th both the area requtrements and landscape requirements estabhshed for subdlstnct NG-2 and d~stnct C-1, the s~gn regulabons for the NG- 2 subdlstnct shall be the same as those estabhshed for the C-1 d~stnct. (6) Parking Screening A 3-foot h~gh parking screen shall be prowded between parking and adjacent pubhc rights-of-way. Screening may be accomphshed usmg plantings, berms, or structural elements. 5-15 Un~fled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 5 D~stnct Purpose ?_~_*~ments and Supplemental Standards Section 5 6. Design D~strlcts (7) Dumpsters Dumpsters shall be kept tn the rear of the building and shall be screened w~th dewces made of masonry or wood w~th surrounding landscaping. Consohdabon of dumpsters shall be encouraged by the DRB. c. Subdistrict NG-3 Residential Northgate Th~s subd~stnct Is ~ntended for areas m Northgate conta~mng a variety of residential uses and structures, some of which may be historically stgmficant and included In the Northgate H~stonc Resources Survey. Thts sub-d~stnct also apphes to areas determined to be statable for h~gher density res~denbal developments due to ~ts close proximity to Texas AbM University. Th~s zomng dtstnct incorporates regulabons m accordance w~th the Northgate Redevelopment Plan, which are designed to md pedestrian-oriented redevelopment ~n a manner compabble w~th the resldenbal character of the Northgate area. (1) Area Requirements As required by Chapter 3, Braiding Regulations of the Qty of College Stabon Code of Ordinances. Refer to Sectmn 5.7, Design Dtstnct D~mensmnai Standards (2) Parking Requirements Off-street parking shall be required by the DRB m accordance to parking and traffic impact study data. The offstreet parking required by the DRB shall not exceed the mm~mum parking requirements set forth m the Parking Requirements contained m Section 7.2, Off-Street Parking Standards. (3) Bicycle Parking Projects revolving site development or redevelopment require the mstallabon of a minimum of one b~cycle space per dwelhng umt. In no case shall more than 20 b~cycle parking spaces per apartment project be reqmred. (4) Landscape Requirements A landscape plan shall be required for all proposals mvolwng s~te development or redevelopment, and shall be rewewed by the DRB ~n accordance with the following standards: (a) Landscape/streetscape ~mprovements shall be required along at least one-third of the length of a property's frontage onto pubhc streets. Doorway w~dths and dnveways shall be excluded from frontage calculabons. (b) L~ve plant material must be ~ncluded where feasible in each proposal. (c) Ehg~ble landscape/streetscape Improvements shall ~nclude rinsed planter boxes, at-grade planting beds, indoor window plantings where s~dewalks are too narrow for outside plantings, seating benches, hght features, trash receptacles, decorative rmhngs, and other etements featured m the College Stabon Streetscape Plan. (d) The standards set forth here~n are ~n heu of, and not m add~tmn to, the Landscaping Reqmrements contained m Section 7.5, Landscaping and Tree Protactmn. 5-16 Umfled Development Ordinance 6/13/03 City of College Station, Texas Article 5 Dlstnct Purpose Statements and Supplemental Standards Secbon 5 7. Design District D~mens~onal Standards (5) Sign Regulations Attached s~gns only. Refer to Section 7.4, S~gns. (6) Parking Screening A 3-foot h~gh parking screen shall be prowded when parking ~s adjacent to pubhc rights-of-way. Screemng may be accomphshed using plantings, berms, or structural elements. (7) Dumpsters Dumpsters shall be kept ~n the rear of the budding and shall be screened w~th devices made of masonry or wood w~th surrounding landscaping. Where feasible, consohdat~on of dumpsters may be reqmred by the DRB. 5.7 Design District Dimensional Standards The following table estabhshes d~mens~onal standards that shall be apphed w~thm the Design D~stncts unless otherwise ~dent~fled ~n th~s UDO: NG-I NG-2 NG-3 WPC M~mmum Lot Area None None None 2,400 SF H~mmum Lot W~dth None None None 24' M~mmum Lot Depth None None None 100' Hlnlmum Front Setback None None None 25' Himmum S~de Setback None None None None (A) M~mmum Side Street Setback None None None 15' Minimum Rear Setback None None None 15' Maximum Setback from a R~ght-of-Way (B) 10' (C) None 10' (C) None Maximum Height None None None None M~mmum Height 2 Stones (D) None 2 sro.es (D) None Minimum Floor to Area Ratio (FAR) 1 (E) None I (E) None Per Ordinance No. 2663 dated September 9, 2003 Notes: CA) Lot line construction on interior lots is allowed where access to the rear of the building is prowded on the s~te or by dedicated right-of-way or easement (B) Nax~mum setback from any property hne adjacent to ROW, ~nclud~ng lots w~th single frontage, lots w~th double frontage, and corner lots w~th multiple frontages. (C) Ten feet or the w~dth of any pubhc easement ~n excess of ten feet. (D) A one-story structure may be erected ff all facades are a minimum of 20 feet ~n height. (E) Th~s area calculation shall not ~nclude any lot area encumbered by required easements, setbacks, s~dewalks, or detention. Per Ordinance No. 2663 dated September 9, 2003 5.8 Overlay Districts Tn the event that an area is rezoned to apply overlay district prowsions, this d~stnct shall apply to all mult~-famdy, commercial and ~ndustnal property, and where applicable, to s~ngle-famdy, duplex or townhouse development. The underlying d~stnct estabhshes the permitted uses and shall remmn m full force, and the 5-17 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Article 5 D~stnct Purpose Statements and Supplemental Standards Secbon S 8 Overlay D~stncts requirements of the overlay d~stnct are to be apphed ~n add~bon to the underlying use and s~te restrictions. A. Corridor Overlay (OV) District Th~s d~strlct ~s estabhshed to enhance the ~mage of gateways and key entry points, ma.lot corridors, and other areas of concern, as determined by the Oty Councd, by ma~ntmnmg a sense of openness and conbnu~ty. The following supplemental standards shall apply to th~s d~stnct: 1, Setbacks All buildings wdl be set back 40 feet from the right-of-way. Where park~ncj ;s located m the front of the braiding, there shall be a front setback of 20 feet from the right-of-way to the parking area. 2. Signs a. S~gns shall ~nclude no more than three colors and two lettenng (font) styles. At least one of the colors must match the predominant colors of the budding. For the purposes of this secbon, black or white shall not be considered as colors unless requested to be so by the applicant. Per Ordinance No. 2763 dated September 23, 2004 b. Freestanding signs shall be limited to the restrictions of Section 7.4, S~gns, but shall not exceed the height of the budding. c. No pennants, banners, or other w~nd-dnven dewces wdl be permitted except as permitted ~n Secbon 7.4.0, Grand Opemng S~gns and Secbon 7.4.T, Speoal Event S~gns. Per Ordinance No. 2763 dated September 23, 2004 3. Building Colors Budding colors shall be neutral and harmomous w~th the ex~sbng man- made or natural environment, and only compabble accent colors shall be used. All colors shall be approved by the Admlmstrator. The apphcant must prowde elevatmn drawings and color samples. 4. Special Restrictions for Retail Fuel Sales Tn cases where the underlying zomng d~stnct permits gasohne service stabons and a station ~s proposed, the following restrictions shall apply: a. Activities Restricted (1) No major emergency auto repmr; and (2) No body, fender, or paint work. b. Signs (1) S~gn hmght shall be restricted by the prows~ons of Section 7.4, S~gns, but shall not exceed the height of the budding. (2) One detached s~gn and two attached s~gns wdl be permitted. (3) No freestanding fuel price s~gnage shall be permitted. (4) S~gns for mr, water, and other s~mdar services or products must meet the criteria for exempt s~gns as prowded m Section 7.4, S~gns. B. Redevelopment District (RDD) The purpose of th~s d~stnct ~s to facd~tate the redevelopment of ex~sbng nonconforming commeroal centers through flexible or relaxed standards, which can accommodate existing physical hm~tat~ons and take extraordinary 5-18 Umfled Development Ordinance 6//.3/03 Dry of College Stabon, Texas Arbcle 5 District Purpose Statements and Supplemental Standards Secbon 5 8 Overlay D~stncts orcumstances ~nto account. The Redevelopment D~stnct (RDD) is an overlay d~stnct. The permissible uses on any s~te shall be governed by the underlying zoning. The followtng supplemental standards shall apply to thts d~stnct: 1, Location A Redevelopment D~strict (RDD) may be estabhshed upon any commercially-zoned property where the ~mt~al development was estabhshed a mm~mum of 2.0 years prior to the rezonmg request and the proposed redevelopment meets the intent of th~s secbon. Special cons~derabon should be g~ven to those areas considered "gateways" and/or h~stonc, and those w~th close proximity to Texas A&lVt Unwers~ty. 2. Standards Although every effort should be made to meet all requirements of th~s UDO, designated Redevelopment D~stncts may be allowed to wmve up to 50 percent of reqmred parking standards and landscaping where physical hm~tations and the s~te's Iocabon and relabonsh[p to the goals of the Comprehenswe Plan warrant consideration. A lesser percentage may be estabhshed as part of the approval process. 3. Criteria for Evaluation Evaluation of all s~tes and s~te plans for rezonmg to RDD shall consider the following: a. Conformance w~th the Comprehensive Plan; b. Aesthetic contribution of the proposed redevelopment; c. Economic wab~hty of the ex~st~ng s~te; d. Physical hm~tabons and the demonstrated mab[hty to meet current requirements; e. Pubhc health and safety standards; and f. Effort made to meet all standards of th~s UDO. Full eng~neenng of s~tes may not be required for the estabhshment of a Redevelopment D~stnct; however, a prehm~nary eng~neenng study wdl be required which assesses parking, vehicular access and orculabon, drmnage and ubhty requirements. 4, Procedure for Establiehment The procedure for rezomng to RDD shall be the same as any other rezomng apphcat~on except that a s~te plan of the proposed redevelopment of the s~te shall be carefully evaluated to ascertain the s~te plan's benefit to ach~ewng the goals of the Comprehensive Plan. Elevabons of proposed structures may be required as part of the rewew process, or to determine ehg~bd~ty for rezonmg. Full eng~neenng may not be required for evaluabng a property for rezomng. Varying levels of ~nformat~on may be required by the Admtn~strator depending upon the pecuhant~es of any g~ven s~te. The site plan components shall govern the redevelopment of the s~te following the approval of an RDD. C. Krenek Tap Corridor Overlay District (KO) The purpose of th~s overlay ~s to provide for consistent development of office, feted, and res~denbai uses m the area of the new CRy Centre Complex. The 5-19 Umfied Development Ordinance 6/t3/03 Oty of College Stabon, Texas Arbcle 5 D~stnct Purpose Statements and Supplemental Standards Secbon 5 8 Overlay D~stncts Oty Centre Complex IS located on the south s~de of Krenek Tap Road, and contain several mumopal and public facilities having high quahty urban design characteristics. Th~s overlay, along with all other applicable requirements of the Umfied Devetopment Ordinance (UDO), shall apply to all properties on the north and south s~des of Krenek Tap Road. Uses Permitted uses shall be those as estabhshed ~n the underlying zomng d~stncts w~th the exception that duplex dwelhng umts are not allowed anywhere m the overlay d~stnct. Design Standards The following standards apply to all development, except single famdy res~denbal development, along the Krenek Tap Corndor m addition to other design standards contmned w~thm the UDO. Parking No parking or circulation aisle shall be located between a budding and the ad]tatung right-of-way of Krenek Tap Road. Where no building exists and parking ~s to be installed adjacent to a right-of-way, there shall be a thirty foot (30') setback from the right-of-way hne to the parking pavement, w~th~n which a three foot (3') h~gh screen of shrubs, fencing wall, or earthen berm shall be ~nstalled. Architectural Design All building facades faong Krenek Tap Road shall have architectural treatments s~mdar and complimentary to the front fac;ade of the budding. All exterior walls ws~ble from the pubhc right-of-way shall be flmshed w~th one or more of the following materials: brick, native stone, cast stone, textured concrete masonry units, fiber/cement board, soi~d wood planking, stucco, or synthebc stucco. Metal s~dmg ~s prohibited on all exterior walls. There shall be no fiat roofs. Use of alternative materials may be approved by the Design Review Board, ~f such materials meet or exceed the standards herren. When an exlsbng structure ~s enlarged or modified, the DRB may approve materials other than the standard materials above, if th~s allows the new construction to be more compatible w~th ex~stmg materials, w~th the exception that metal siding ~s not allowed. Reflective Glass For non-res~denbal buddings, no more than fifty percent (50%) of any fac;ade faong Krenek Tap Roadway may ~nclude reflecbve glass. For the purposes of th~s ordinance, reflecbve glass shall be defined as glass hawng a reflectance of greater than ten percent (10%). 4. Fencing Any fencing visible from the pubhc designated roadway or pubhc area shall be decorabve wrought Iron or tubular steel, a p~cket fence or alternative 5-20 Umfied Development Ordinance 6/13/03 Oty of College Stabon. Texas Arbcle 5 O~stnct Purpose Statements and Supplemental Standards Section 5 8 Overlay D~stncts s~milar products approved by the Design Review Board. Fences along the right-of-way shall not be sohd and shall allow v~sual access to the development. The materials and height hm~tabon referenced above do not apply to fences required for screemng as specified m th~s UDO. S. Sign Regulations Only attached building s~gns and Iow profile s~gns meeting the reqmrements of the UDO shall be permitted. Budding s~gns shall not obscure other building elements such as windows, cornices, decoretlve details, etc. Design Standards The following standards apply specifically to s~ngle family and townhome res~denbal development along the Krenek Tap Corridor m addition to other design standards contained w~thm the UDO applicable to single famdy development. Front Setback Res~denbal lots adjacent to Krenek Tap right-of-way shall be oriented so that the front facades of ~nd~wdual umts or dwelhngs face Krenek Tap Road, ff there ~s sufficient property frontage to do so. The front setback of these umts shall not exceed fifteen feet (15'). Th~s does not preclude res~denbal street access to Krenek or pedestrian access. Front Porches Every front fac;ade ws~ble from Krenek Tap Road shall contmn a front porch extending along at least one half of the front facade. These porches shall be large enough and useable for outdoor seabng and not solely decorative. Parking No driveways or locations for parking shall be allowed ~n the yard areas facing Krenek Tap Road or along Krenek Tap Road itself. Rear parking and access shall be required. Architectural Design All exterior walls v~s~ble from the pubhc right-of-way shall be flmshed ~n the following materials: brick, native stone, cast stone, textured concrete masonry urals, fiber/cement board, sohd wood planking, stucco, or synthetic stucco. Metal s~d~ng is prohibited on all exterior walls. Alternative materials may be approved by the Design Rewew Board, ~f the alternabve materials meet or exceed the standards of the materials hsted above. The primary material shall not exceed seventy-five percent (75%) of the facade. The facade calculabon excludes w~ndows and doors. There shall be no flat roofs. Per Ordinance No. 2617 dated April 8, 2004. 5-21 Umfled Development Ordinance 6/13/03 C~ty of College Stabon. Texas Arbcle 6 Zomng Districts Section 6 t. Purpose Article 6. Use Regulations 6.1 6,2 Purpose The intent of th~s Article ~s to provide for patterns of land use consistent w~th the Comprehensive Plan, and to encourage the arrangement of land uses so as to m~mm~ze conflicts among va.ous types of land use acbwtles whde recogmzlng the C~ty's need for such acbwt~es. Types of Use A. Uses of land or structures which are not expressly hsted ~n the Use Table as permitted uses (P), permitted uses subject to specific use standards (P*), or cond~bonal uses (C) ~n a zomng d~st,ct or planned development are prohibited uses and shall not be established ~n that d~st,ct or planned development. B. The Adm~mstrator shall determine whether or not an unhsted use, that ~s otherwise prohibited, as stated above should be processed. In doing so, the Adm~mstrator shall ubhze purpose statements adopted here~n ~n con]unct~on w~th the apphcable zoning d~stnct, and cons~derabon of the following cnte,a: 2. The actual or anbclpated characteristics of the acttwty ~n relabonsh~p Lo known characteristics of slmdar projects ~n standard planmng pracbce; 2.The relabve amount of s~te area, floor space, and equipment; 3.Relabve volumes of sales from each act~wty; 4.The customer type for each acbwty; $.The relabve number of employees ~n each act~wty; 6.Hours of operabon; 7.Budding and s~te arrangement; S. Vehicles used w~th the act~wty and the relabve number of vehicle Lnps generated by the use; and 9. How the use adverbses ~tself. C. Use Table Except as otherwise specifically prowded hereto, regulations govermng the use of land and structures w~th the various zomng d~st,cts and classifications of planned developments are hereby estabhshed as shown ~n the following Use Table. 2. Permitted Uses A ~P" ~nd~cates that a use Is allowed by right ~n the respecbve d~st,ct. Such uses are sub]ecL to all other apphcable regulabons of this UDO. 2. Permitted Uses Subject to Specific Standards A "P*" ~nd~cates a use that wdl be permitted, provided that the use meets the prows~ons m Secbon 6.3, Specific Use Standards. Such uses are also subject to all other apphcable regulabons of th~s UDO. 3. Conditional Uses A "C" ~nd~cates a use that ~s allowed only where a conditional use permit ~s approved by the C~ty Counc~h The Councd may require that the use meet the add~bonal standards enumerated ~n Section 6.2, Specific Use Standards. Cond~bonal uses are subject to all other apphcable regulabons of th~s UDO. 6-1 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 6 Zoning D~strlcts Section 6.3 Specific Use Standards 6.3 Specific Use Standards The following spectfic use standards shall apply to those uses hsted below and ~dent~fied ~n the Use Table ~n Secbon 6.2, Types of Use, w~th a "P*.' A site plan review, as required by Section 3.5, Site Plan Rewew, ~s requtred for all specific uses Idenbfied here~n. For the purposes of this section, buffers shall comply w~th Secbon 7.6, Buffer Requirements unless specified here~n. For the purposes of th~s secbon, resldenbal areas or uses shall mean existing developed or developing (platted) res~denbal uses Including s~ngle-fam~ly and mulb-fam~ly housing, townhomes, and duplexes. A. Animal Care Facilities Any ammal care fac~ht~es w~th defined outdoor uses and/or fac~hbes shall be located a m~nlmum of 500 feet from ex~st~ng or developing resldenbal areas; and fac~htles w~th outdoor facthbes for large ammals shall be permitted In A-O, Agricultural Open, only. B. Car Wash Vacuums shall be located a minimum of :tOO feet from any adjacent res~denbal use, C. Commercial Amusements All outdoor acbwty must be located a m~mmum of 300 feet from an ex~stmg res~denbal use. D. Commercial Garden/Greenhouse/Landscape f4alntenance Outdoor storage and display of unpackaged or bulk materials, ~ncludmg but not hmlted to topsoil, manure, and aggregate materials, shall be screened and located at least 50 feet from all property hnes and not closer than 150 feet from an ex.stIng residential use. E. Dry Cleaners/Laundry All act~wty must be wholly contained w~thln a building not to exceed 3,000 square feet ~n s~ze. F. Fuel Sales 1. Any vehicle repmr uses must comply w~th Section 6.3.P, Vehicular Sales, Rental, Repair and Service. 2. All acbvlt~es except those associated w~th fuel pumping must be conducted w~th~n an enclosed building. 3. [ce and vending machines must be enclosed ~n a building. 4. No s~gnage, ~n addition to the s~gnage allowed ~n Secbon 7.4, S~gns, may be allowed w~th~n wew of the right-of-way. 5. No outside storage or display of vehicles for any purpose. 6. A dr~ve-thru car wash designed to accommodate one vehicle shall be permitted as an accessory use. 7. [n C-3, L~ght Commercial fuels sales shall be hm~ted to fac~htles designed to accommodate a maximum of four vehicles obta~mng fuel s~multaneously. 6-5 Unified Development Ordinance 6/t3/03 C~ty of College Station, Texas Article 6. Zoning D~strlcts Section 6.3 Specific Use Standards a. Mimmum setback requirements shall be as follows: L Front Side I Rear Side Street Fuel pumps 50 feet 25 feet 25 feet 25 feet Canopies 40 feet :tS feet 15 feet :tS feet 9, Storage tanks must be located below grade. Golf Course or Driving Range All dr~ving ranges shall be a minimum of 10 acres and have a minimum field s~ze of 275 yards. 2. Dr~wng ranges are classified as commercial enterprtses and must comply with Section 7.6, Buffer Requirements. 3. For dr~wng ranges, all balls must remain on the property through proper orientabon of the tee boxes, adequate buffenng or screemng, and barrier nets. 4. No budding, structure, or outdoor act~wty of a dnwng range shall be located w~thln 100 feet of residentially-zoned property. B. All ground-level hght~ng of a dnwng range's landing area shall be d~rected away from adlacent properbes and screemng shall be prowded w~th plantings, berms, or other means to hm~t nuisances associated with hght~ng and resulbng glare. Per Ordinance No. 2753 dated September 23, 2004 Government Facilities and Utilities ACtlvlbes not wholly contained within a building shall not be located w~th~n :tOO feet of a s~ngle-famdy residential use unless buffered by a 25 foot buffer yard and a s~x-foot privacy fence, ~n accordance w~th Section 7.6, Buffer Requirements. Manufactured Homes 1, The placement of an ~nd~vldual manufactured home where permitted or the replacement of an ex~st~ng manufactured home shall be subject to obta~mng a Location Permit ~ssued by the Budding Official and Admlmstrator. The apphcat~on for such a permit shall be accompamed by a location plan ~nclud~ng the following ~nformabon: a. Locabon plan showing the d~mens~on of the site, required setback hnes, the placement of the manufactured home, the designated parking, and any ex~sbng structures on the same or ad]o~mng lots; b. A s~gned and dated apphcat~on, requesting permission to locate the structure on the lot; ¢. A legal descr~pbon of the location of the property w~th~n the C~ty; and gl. An ~nd~cat~on of the proposed delivery route to the designated s~te. Dehvery routes shall not ~nclude res~denbal streets, unless the designated s~te has sole frontage on the affected res~denbal street. 2. All manufactured homes shall be skirted w~th brick, wnyl, or other sohd skirting materials w~th~n four months of occupancy of the lot. $. All trailer h~tches and other dewcas designed to a~d ~n the transport of the manufactured homes must be removed w~th~n four months of occupancy of the lot. 6-6 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 6 Zoning Districts Section 6 3. Specific Use Standards 3. Mobile Home A mobde home, after the effective date of this UDO, may not be located w~th~n the corporate hm~ts of College Stabon for resldenbal dwelhng. A mobde home legally located within the corporate hm~ts of College Station may continue to be used as a res~denbal dwelhng, but shall not be relocated or enlarged. A mobde home may be replaced by a manufactured home. K. Retail Sales, Manufactured Homes Manufactured homes undergoing repmr and remmmng on s~te Iff excess of 48 hours shall be screened from pubhc wew ~n an enclosed area. L. Recycling Facilities Any facd~ty located wRhln 500 feet of property zoned or developed for residential use shall not be m operation between 7:00 p.m. and 7:00 a.m. 2. L~ght processtng, ~nclud~ng compacting, bahng, and shredding, must be d~rectly related to efflcmnt temporary storage and shipment of materials. No facd~ty as described m th~s subsection shall abut property zoned or developed for s~ngle-famdy residential use. :3. A m~mmum of slx parking spaces shall be prowded, plus one space per employee and for each vehicle of the facdRy. 4. Each contmner shall be clearly marked to specify materials that are accepted. The name and telephone number of the operator and the hours of operations shall be conspicuously d~splayed. All sign regulabons of the d~strlct ~n which the fac~hty ~s located shall apply. S. Each facd~ty shall be screened from the pubhc right-of-way by operating ~n an enclosed budding w~th no outside storage or by operabng w~thln an area enclosed by an opaque fence at least eight feet ~n height. M. Restaurant ~. The maximum s~ze shall be :2,500 square feet. 2. Drive-ins and dnve-thrus ere prohibited. N, Sales and Service (Retail and Wholesale) Sales Matrix C-1 General Commercial C-2 Commercial/Industrial C-1 General Commercial C-2 Commercial/Industrial Minor ................................ STORAGE ....................................... Major 6-7 Umf~ed Development Ordinance 6/13/03 C~ty of College Station, Texas Article 6 Zomng D~strlcts Secbon 6 3. Specific Use Standards ~.. Storage is allowed m C-1 ~f the square feet of storage ~s less than 50% of the total physical space, exclusive of off~ce areas. 2. Sales are allowed m C-2 ~f the square feet of sales ~s less than 50% of the total physical space, exclusive of off~ce area. Each sales use in a shoppmg canter must meet the storage square-foot criteria above to be permitted ~n that zomng d~stnct. Per Ordinance No. 2753 dated September 23, 2004 Salvage Yard Salvage or Junkyards shall be wsually screened on front, rear, and all sides by means of a sohd e~ght-foot high wooden privacy fence. 2. Material that ts not salvageable shall not be permitted to accumulate. [n no case shall material that ~s not salvageable be buried or used as fill. 3, In any open storage area, ~t shall be prohibited to keep any ~ce box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or stmdar mr-t~ght umt hawng an ~ntenor storage capacity of one and one-half cubic feet or more, from which the door has not been removed. Sexually-Oriented Business 1. General These requirements apply to all sexually-oriented businesses as defined ~n th~s UDO. A busmess ~s not exempt from regulabon under th~s UDO because ~t holds a license or permit under the AIcohohc Beverage Code authorizing the sale or servtce of alcoholic beverages or because it contams one or more corn- operated machines that are subject to regulation or taxabon, or both under State law. Regulations contained within th~s UDO pertmnlng to sexually-oriented businesses are based on ewdence concermng the adverse secondary effects of adult uses on the commumt~es presented ~n findings ~ncorporated ~n Cib/ of Renton v. Playtime Theaters, ~_nc., 475 U.S. 41 (1986) and ~n studies set out below: Detroit, Michigan Amarillo, Texas Los Angeles, Cahforma [nd~anapohs, [nd~ana Phoemx, Arizona St. Paul, Phnnesota Beaumont, Texas Seattle, Washington Austin, Texas Per Ordinance No. 2753 dated September 23, 2004 6-8 Um¢led Development Ordinance 6/13/03 City of College Stabon, Texas Article 6 Zoning Districts Secbon 6.3 Specific Use Standards Permitted Locations A sexually-oriented bus~ness ~s a permitted use at the following location only and ~s subject to the specific standards located ~n th~s Secbon and ~s subject to other applicable regulations of th~s UDO. a. Map of the Potential Location: Per Ordinance No. 2753 dated September 23, 2004 6-9 Unified Development Ordinance 6/[3/03 City of College Station, Texas 0 0 Article 6. Zoning O,SLr,C~ Section 6 3 Specific Use Standards (2) Area 3: State H~ghway 6 Commercial Tract All that carta~n tract or parcel of land ly,ng and bmng s~tuated ,n the R. Stevenson Survey, Abstract No. 54, Tract 61, being all of that 2.116 acre tract conveyed to the Blue Dolph,n Club, [nc. by deed recorded ,n volume 2079, page 133 ~n the Offioal Records of Brazos County, Texas. Per Ordinance No. 2753 dated September 23, 2004 3. Single Adult Use Per Location There shall only be one sexually-oriented bus~ness permitted per area. 4, Measurement a. Stock in Trade Stock ~n trade shall be the number of ~tems ~n stock m the sales and d~splay area at the brae of a s~te inspect,on. The number of sexually- oriented ~tems shall be calculated as a percentage of total ,tams. b. Sales and Display Area (2) The sales and d~splay area shall be the entire interior floor space of a business estabhshment devoted to sales and d,splay, Includ,ng msles, measured in square feet at the brae of a s~te ~nspect~on. The floor space devoted to sales and d~splay of sexually-oriented materials shall be calculated as a percentage of total sales and d,splay area. (2) Where sexually-or,entad materials are physically separated from other materials by an e~ght-foot wall, the separate sales and d~splay area (~nclud~ng any msles) shall be compared to the total sales and d~splay floor area. (3) Where floor area ~ncludes a m~xture of sexually-oriented material w~th any other material, ~t shall be counted as sexually onented. Any such area shall ~nclude one-half of the area of any msles adjacent to the d~splay or sales of sexually-oriented materials. 5. Specific Standards a. Adult Cabaret or Adult Retail Store Any performance area shall be elevated at least 24 Inches above the level of the patron seabng areas and shall be separated by a d~stance of at least six feet from all areas of the premises to which patrons have access. A conbnuous rmhng at least three feet ~n hmght, securely attached to the floor, and located at least slx feet from all pmnts of the hve performance area shall separate performance areas and patron areas. b. Adult Arcade, Adult Movie Theater (2) All msles shall have theater runway and aisle hghbng which dlum~nates the ent, re floor surface of the aisle at a level of not less than 0.2 foot-candles. (2) All theater wewmg areas, pro3ect~on rooms, and wew~ng booths or rooms shall be equipped with overhead hght, ng fixtures of suff~oent Intens~ty to sllumlnate every place to wh,ch patrons are 6-11 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas Article 6. Zomng Districts Section 6.3 Specific Use Standards permitted access at an ~llum~nabon so that any patron may be observed from a manager's or employee's stabon. (3) The ~nterlor of an adult arcade, and/or adult viewing booth or room, shall be configured ~n such a way that there Is an unobstructed wew from a manager's or employee's station of every ~nter~or area of the adult arcade and/or wew~ng booth or room. (4) All venblation dewces ~n or between adult wew~ng booths, wew~ng stabons and reoms must be covered by · permanently affixed venblabon cover or grill. Venblatlon holes, portals or airways may only be located one foot from the top of the station, room or booth walls or one foot from the bottom of the stabon, room or booth walls. There may not be any other holes or opemngs ~n the stabon, room or booth walls or between stabons, rooms or booths. c. Limited Adult Retail Store The store shall separate all sexually-oriented material from other sales and d~splay areas using an opaque wall at least e~ght feet ~n height. Such an area shall incorporate a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter. Lighting Any sexually-oriented business shall be equipped w~th overhead hghbng fixtures of sufficient intensity to dlumlnate every place to which patrons are permitted access so that any patron may be observed from a manager's or employee's station. Amortization A sexually-oriented business ~n operation prior to the effective date of th~s UDO which does not conform to the regulations hsted above shall be considered to be nonconforming. The nonconforming sexually-oriented bus~ness shall be permitted to continue for one year after the effective date of th~s ordinance unless voluntarily d~scont~nued for a period of 30 days or more. One year after the effective date of th~s UDO the nonconforming sexually-oriented bus~ness shall be ~llegal and shaft terminate, except as prowded here~n. a. Additional Time for Amortization In the event an owner of a nonconforming sexually-oriented bus~ness ~s unable to recoup h~s ~nvestment ~n h~s sexually-oriented bus~ness by the date for the termination of such uses, the owner may request add~bonal bme by making apphcabon w~th the Adm~mstrator no later than the date for termination of the use. b. Application for Additional Time The owner shall file, w~th his request for add~bonal bme, all data he w~shes considered ~n support of the request. The owner shall also supply all materials requested by the Admlmstrator, City Attorney, or C~ty Council to determine ~f the ~nvestment has been recouped. ¢. Determination by the City Council 6-12 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas Article 6 Zonlnq Districts Secbon 6 3. Specific Use Standards Upon apphcabon by the owner, the City Council may, at its dlscrebon, allow additional time to amorbze the ~nvestment ~n a sexually-oriented bus~ness if it makes the following findings: (2) The owner has made every effort to recoup his investment m the sexually-oriented bus~ness; (2) The owner w~ll be unable to recoup h~s investment in a sexually- oriented bus~ness by the end of the amortization per~od; and (:3) That all apphcable prowslons of this UDO w~ll be observed. [f the C~ty Council grants additional time, the grant shall be for a per~od not to exceed one year. d. Exemption from Amortization Requirements Any owner of a sexually-oriented bus~ness w~shlng to claim an exempbon from the amortization requirements of th~s UDO may apply for an exemption. The C~ty must receive such apphcabon no less than s~xty days pnor to the expiration of the amortization period. The C~ty Council may grant an exemption if ~t makes the following findings: (:!.) That the location of the sexually-oriented bus~ness w~ll not have a detrimental effect on nearby properbes or be contrary to the pubhc health, safety or welfare; (2) That the granbng of the exemption w~ll not wolate the spirit and ~ntent of th~s UDO; (3) That the Iocabon of the sexually-oriented bus~ness w~ll not downgrade the property values or quahty of hfe ~n the adlacent areas or encourage the development of urban bhght; (4) That the location of the sexually-oriented bus~ness w~ll not be contrary to any program of neighborhood conservation nor w~ll it interfere w~th any efforts of urban renewal or restoration; and (S) That all other applicable provisions of th~s UDO will be observed. If an exemption is granted, such exemption shall be vahd for a period of one year from the date of the C~ty Council action. Upon exp~rabon of an exempbon, a sexually-oriented bus~ness shall be ~n wolat~on of th~s UDO, shall be ~llegal, and shall terminate, unless the owner receives another exemption. Additional apphcat~ons for exemptions shall be submitted at least s~xty days prior to the explrabon of the exemption period. The granting of an exemption does not allewate the owner of a sexually-oriented business from adhering to all other apphcable prowslons of th~s UDO. Storage, Self-Service Accessory uses are prohibited. Per Ordinance No. 2753 dated September 23~ 2004 Utilities Acbvlt~es not wholly contained w~thm a building that abuts s~ngle-fam~ly residential uses shall construct a 20-foot buffer yard w~th a 6-foot privacy fence, ~n accordance w~th Section 7.6, Buffer Requirements. 6-t3 Unified Development Ordinance 6/~.3/03 C~ty of College Station, Texas Arbcle 6. Zoning D~stncts Section 6 3 Specific Use Standards Vehicular Sales, Rental, Repair and Service :t. Veh,cles undergoing repmr, painting, or body work which wdl remain on s~te m excess of 48 hours shall be screened from pubhc wew or stored indoors. 2. ]noperable vehicles shall not be allowed to remain on site for more than 30 days. 5. All parts, ~ncludmg automobde body parts, shall be stored w~th~n an area which ~s completely screened from pubhc view. Wireless Telecommunication Facility (WTF) ].. Purpose The purpose of th~s secbon ~s to estabhsh regulabons pertmnlng to w~reless telecommunlcabons fatalities that are consistent with federal and state law. The CRy Councd of the City of College Station finds that: a. [t ~s ~n the pubhc ~nterest to promote competlbon ~n h~gh quahty telecommumcatlons services and the avadabd~ty of broadband transmission services to all residences and business; b. It ~s m the pubhc interest for the C~ty to protect the pubhc safety and welfare, safeguard commumty land values, promote orderly planning and development and preserve historic sites, structures and areas. W~reless telecommumcat~ons facdibes should not be allowed to detract aesthetically from the wsual quahty of surrounding properbes or the CRy; and c. The prohferabon of w~reless telecommumcabons facd~t~es negabvely ~mpacts the appearance, character, and property values of the commumty. Therefore the C~ty should endeavor to minimize the size, number and obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly encouraged to mR~gate negabve wsual ~mpacts and reduce the total number of towers w~thm the C~ty. 2. WTF Categories In order to expedite the s~Ung and rewew process, WTFs have been divided ~nto use categories. The review process is more thorough as the ~ntens~ty of the use ~ncreases. a. Unregulated Facilities The WTFs listed below are not regulated by th~s ordinance and do not reqmre rewew or approval. Th~s does not exempt these fecd~bes from other applicable c~ty codes, ordinances, and permits. (~.) Over the mr reception dewces exempted from local ordinances by the Federal Communlcabons Commission (FCC). (2) Parabohc antenna less than 2 meters m diameter. (3) Omm-d~rect~onal antenna (whip antenna) 6 roches or less m d~ameter and not extending more than 12 feet above support structure. (4) D~rectlonal antenna I meter or tess measured across the longest dimension and not extending over 12 feet above support structure. (5) Pubhc safety tower or antenna. 6-14 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Article 6 Zomng D~stncts Secbon 6 3. Speoflc Use Standards m am b. Zntermediate Facilities (~.) New transmission tower less than 35 feet (10.5 meters) m height. (2) New transmission tower that does not extend more than 35 feet (10.5 meters) In height above a support structure and that meets the defimbon of a stealth faohty. Per Ordinance No, 2753 dated September 23~ 2004 (3) Parabohc antenna over 2 meters ~n d~ameter. (4) Omi-directional antenna (wh~p antenna greater than 6 roches ~n d~ameter and/or extending 12 feet above the support structure. (5) Directional antenna more than I meter measured across the longest dlmens;on and extending over 12 feet above support structure. (6)Attached W-I'Fs. c. Najor Facilities New transmission tower greater than 35 feet (10.5 meters) ~n height. Permitted Locations a. All intermediate WTFs are permitted by right ~n the followmg zoning d~stncts: A-O M-1 C-1 M-2 A-P R&D C-2 PDD (except PDD-H) WPC NG C-3 City-owned premises b. Major WTFs are allowed in the following zoning districts with a Conditional Use Permit M-2 M-1 C-1 C-3 A-P R&D C-2 City-owned premises c. WTFs may locate on city-owned premises without a conditional use permit w,th approval of the City Council and subject to the requirements of this ordinance. Requirements For New Transmission Towers a. Setbacks: The standard setbacks for each zoning district will apply to WTFs w~th additional setbacks or separation being required In the sections below. To protect citizens in their homes, transmission towers shall be placed a distance equal to the height of the tower away from any residential structure. And, non-stealth towers shall be set back a distance equal to the height of the tower away from any R-l, R-lB, or R-2 zone boundary. Per Ordinance No. 2753 dated September 23, 2004 b. Proximity To Major Thoroughfares: To preserve and protect the appearance of the Oty's major thoroughfares and entrances to the City, additional setbacks are placed on WTFs proposed to be placed near these areas. The setback for these areas is determined by measuring from the centerllne of the right-of-way of the thoroughfare. Apphcable thoroughfares include freeways and expressways, major arterials and minor arterials, as shown on the Thoroughfare Plan. 6-15 Unified Development Ordinance 6/X3/03 City of College Station, Texas Article 6 Zomng D~stncts Section 6.3 Specific Use Standards (1) Intermediate W'I-Fs must be 150 feet from applicable thoroughfares. (2) Ma]or WTFs must setback from apphcable thoroughfares by the height of the tower x 3. c. Separation Between Towers In order to prevent tower prohferat~on and protect the C~ty's natural beauty and skyline, the number of transmission towers per square m~le has been hm~ted. New transmission towers must be placed a m~mmum d~stance from ex~sbng towers as described here: (1) New transmission towers 35 feet or less ~n height shall be separated from ex~sbng towers by a mimmum d~stance of 1500 feet. (2) New transmission towers more than 35 feet and less than 75 feet in height shall be separated from exlsbng towers by a m~mmum distance of 2500 feet. (3) New transmission towers 75 feet or more ~n height shall be separated from existing towers by a m~mmum distance of 3500 feet. d. Height Limitations (l) Intermediate W'FFs are subject to the normal height restncbons for each zoning d~stnct where permitted by right. ]n any zomng d~stnct where a tower ~s a cond~bonal use, the requested height may be reduced through the review of the visual ~mpact analysis. (2) In no case shall a proposed transmission tower exceed 150 feet w~th~n the c~ty hm~ts, except where a height variance ~s granted by the Zomng Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating a tower or antenna exceeding such height on a proposed site w~th~n the c~ty I~m~ts. e. Stealth Towers Any tower determined to meet the Stealth Tower definition of th~s ord.nance by the approving authority may be located m any zomng dlstnct w~th a Conditional Use Permit. Approved Stealth Towers do not have to meet the tower separation or thoroughfare setback requirements of th~s section. Landscaping, Screening, And Aesthetic Standards The following requirements shall govern any transmission tower or any parabolic antenna larger than 2 meters. a. Landscaping: Refer to Section 7.5, Landscaping and Tree Protecbon. Plant materials and/or fencing that effectively screens the WTF s~te from view of the pubhc nght-of-way w~ll be reqmred. b. New transmission towers shall maintain a fiat (not shiny, reflective, or glossy) finish or be painted ~n accordance w~th any apphcable standards of the FAA (unfimshed galvanized steel ~s not acceptable). c. ]f an antenna ~s ~nstalled on a support structure other than a tower, the antenna and supporting electncal and mechamcal equipment must be of a neutral color that ~s ~dent~cal to, or closely compatible with, the 6-16 Un#led Development Ordinance 6/13/03 C~ty of College Stabon, Texas Arbcle 6. Zomng Dlstncts Section 6,3 Specific Use Standards color of the supporbng structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. WTFs shall not be artificially hghted w~th the exception of mobon detectors as security hghbng, unless required by the FAA or other apphcable authority. If hghbng is reequ~red, the C~ty may rewew the available Ilghbng alternabves and approve the design that would cause the least d~sturbance to the surrounding properties. e, Towers may not be used to exhibit any s~gnage or other adverbs~ng. Attached WTFs WTFs may attach to the exterior of any non-residential and non-h~storlc building w~th~n any zomng dlstnct prowded the antenna and antenna support structure or equipment are mounted flush w~th the verbcal exterior of the building or projects no more than 24 ~nches from the surface of the building to which It ~s attached and does not raise the height of the building more than 10 feet and does not wolate the maximum height restriction of that zomng d~stnct. The attached WTF must be colored so as to blend w~th the surrounding surface of the braiding. e Stealth Antennas Any antenna meeting the stealth antenna definition of th~s ordinance and locating on an alternative mounting structure may attach to the extenor of any non-residential building w~th~n any zomng dlstnct w~th approval of the zomng official. Application Procedures a. S~te Plan Reqmrements An apphcat~on for adm~mstrat~ve approval or a Conditional Use Permit for a WTF shall ~nclude the following ~tems (~n addition to the site plan and other ~nformat~on reqmred for a standard CUP application): b. An ~nventory of the apphcant's existing and future towers that are e~ther w~th~n the C~ty, the City's ET3, or w~th~n at least i m~le of the C~ty's boundary where the ET.1 does not extend that far. The ~nventory shall ~nclude specific ~nformabon about the location, design, and height of each tower. The owner must have on file w~th the development department a master hst of all ex~stlng tower structures owned or controlled by the owner. Such list must specify the name, address and telephone number of the owner of record, the tower locations by address and legal descnpbon, tower height, the number of antenna arrays on the tower, and the names, addresses, and telephone numbers of all other users of the tower structures. The zomng adm~mstrator may share such ~nformabon w~th other apphcants or orgamzations seeking to locate antennas w~thln the C~ty. c. S~te plan drawn to scale clearly ~nd~cabng the location, height, and design of the proposed tower, eqmpment cabinets, transmission buildings and other accessory uses, access, parking, fences, and landscaped areas. d. The hnear separation d~stance from other transmission towers w~th~n a one-m~le radius of the proposed tower s~te. The hnear separation d~stance from all residentially-zoned properties, res~denbal structures and applicable thoroughfares as outhned m Secbon 6.3.(~.4.b, 6-17 Untried Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 6 Zoning Districts Section 6 3 Specific Use Standards Proximity to Ha]or Thoroughfares, w~thln 500 feet of the proposed tower. e. A wsual ~mpact analys~s, presented as color photo simulations, showing the proposed s~te of the WTF. At least four wews shall be submitted looking toward the s~te (typically north, south, east and west) ~ncludlng views from the closest residential property and from adjacent roadways. The photo-reahst~c representation shall depict a "skyhne" wew showing the enbre height of the proposed tower or WTF to scale, and the structures, trees, and any other objects contnbubng to the skyline profile. f. Plans for the antenna and the antenna tower shall be prepared and signed by a hcensed professional engineer and designed to w~thstand sustained w~nds of at least 80 miles per hour. g. All telecommumcat~on facdlbes must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate telecommumcat~on fac~ht~es. An apphcant for a permit shall submit an aff~dawt confirming comphance w~th apphcable regulabons. It. Grid plan (propagation map) of the service area for ex~stmg and future structures for a penod of not less than 5 years. The submission should ~nclude a map showing the "search ring" that was required for s~bng the proposed facd~ty. 9. Collocation Requirements No new tower shall be budt, constructed, or erected ~n the C~ty unless the tower ~s capable of supporting add~bonal w~reless telecommumcatlon fatalities. The apphcant must submit a letter addressed to the C~ty declaring an ~ntent and willingness to construct a proposed tower that would allow additional service prowders to locate on the new tower. ~0, Documentation of Need and Alternatives No new communlcabons tower shall be permitted unless the applicant demonstrates to the reasonable sabsfact~on of the approwng authority that no ex~st~ng tower, budding, structure, or alternative technology can accommodate the apphcant's proposed antenna. The apphcant shall submit ~nformabon related to the ava~labd~ty of suitable ex~st~ng towers, other structures or alternabve technology that can accommodate the apphcant's proposed antenna. The zoning official or approwng authonty may request ~nformabon necessary to demonstrate that reasonable alternatives do not ex~st. The apphcant must submit: a. The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures w~th~n a one-half mde radius of the proposed new tower s~te, ~nclud~ng C~ty-owned property. b. A sworn affidawt attesbng to the fact that the apphcant made d~hgent, but unsuccessful, efforts to obtain permission to install or collocate the new facd~ty on ex~sbng towers or antenna support structures located w~thm one-half rode radius of the proposed tower s~te. The aff~dawt shall spell out the efforts taken by the applicant. c. A description of the design plan proposed by the apphcant to the C~ty. The apphcant must demonstrate the need for towers and why technological design alternatives, such as the use of mlcrocell, cannot 6-:1.8 Umfied Development Ordinance 6/13/03 C~ty of College Stabon, Texas Arbcle 6 Zomng D~strlcts Secbon 6.3 Speoflc Use Standards be ubllzed to accomphsh the provision of the apphcant's telecommumcatmns services. 11. Conditional Use Permits Ma3or WTFs must apply for a conditional use permit (CUP) as outhned ~n Secbon 6.3.Q.3, Permlttable Locabons, under the procedures set forth m Secbon 3.13, Conditional Use Permit. In add~bon to the standard guldehnes, the following add~bonal factors shall be considered by the Planning & Zoning Commission when determining whether to grant a CUP for WTFs: a. Height of the proposed tower, surrounding topography and surrounding tree coverage and fohage as they relate to: (t) Skyline ~mpact, examining whether the proportions of the structure appears to dominate or blend ~n w~th the surrounding environment. (2) Shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use or en3oyment of surrounding properties. h. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. c. Proximity of the tower to residential structures and residential district boundaries. d. Economic impact on ad3acent and nearby properties. e, Proposed ~ngress and egress. f. Avallablhty of suitable alternatives and/or existing support structures. g. All the mformabon submitted as part of the s~te plan. 12. Abandonment Any WTF that IS not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such faollty shall remove same w~thln 60 days of receipt of noUce from the City not~fymg owner of such abandonment. If such faahty ~s not removed within smd 60 days, the Oty may remove such facility at the property owner's expense. If there are two or more users of a s~ngle WTF, then th~s prows~on shall not become effectwe unbl all users cease operations on the tower. Places of Worship 1. Where the parking lot abuts residential development, a 10-foot buffer yard w~th buffer plantings and a m~mmum 6-foot privacy fence ~s required pursuant to Section 7.6, Buffer Requirements. 2. When outdoor accessory uses ~nclud~ng, but not hm~ted to, playgrounds, recreabonal areas, and speoal event areas abut resldenbal uses, a m~mmum 15-foot buffer yard with buffer planbngs and a 6-foot privacy fence is required pursuant to Section 7.6, Buffer Requirements. 3. A Iow profile sign as defined ~n Secbon 7.4.F, S~gn Standards, ~s permitted. Per Ordinance No. 2753 dated September 23, 2004 6-19 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 6. Zon,ng D~strlcts Sect,on 6 4 Accessory Uses 6,4 Accessory Uses A, Accessory Uses Accessory uses are allowed with permitted, established primary structures and uses subject to the following: 1. The use or structure is subordinate to and serves a primary use or pnnopal structure; 2. The accessory use shall be subordinate In area, extent, and purpose to the primary use served; 3. The accessory use shall contribute to the comfort, convenience, or necessity of occupants of the primary use served; 4. The accessory use shall be located within the same zoning district as the primary use ~s permitted; and S. Accessory uses located m residential d~stncts shall not be used for commercial purposes other than permitted home occupations. B. Accessory Structures 1. No accessory structure shall be erected in any required setback area. Excluded from th~s requirement ~s any portable storage budding or structure ~f the Ouddmg Offm~al has determined that ~t does not reqmre a Building Permit. 2. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property hne. In no event shall more than 30 percent of the rear yard area (that portion of the yard between the rear setback hne of the pnnc~pal structure and the rear property line) be covered w~th accessory buddings, structures, or uses. 3. The following restrictions shall apply to accessory buddings, structures, or uses other than garages, carports, and hwng quarters for famdy or servants: a. A mm~mum rear setback of 15 feet; and, b. A maximum building eave height of eight feet. 4. Garage and Carports Garages and carports ~n res~denbal zomng d~stncts, including those of a temporary nature, shall have a m~mmum rear setback of 20 feet. A m~mmum s~de yard setback of 20 feet shall also be applied when garages and carports, ~nclud~ng those of a temporary nature, gmn access from a s~de street. All other setbacks shall be apphed as required ~n the d~strlct ~n which the structure ~s located. The following restrictions shall apply to garages and carports: a. A m~mmum rear setback of 20 feet; and, b. A minimum side street setback of 20 feet ~s required for garages or carports that face onto side streets. 5. Living Quarters Accessory apartments may not be rented to persons other than bona fide servants employed on the premises and members of the famdy of the occupant(s) of the prmopal structure. e. Single meter service shall be prowded to each buddable parcel. 6-20 Unified Development Ordinance 6/13/03 City of College Station, Texas Arbcie 6. Zoning Districts Secbon 6 4 Accessory Uses b. The accessory use shall be subordtnate to and serve a primary use or pnnopal structure. c. In comb~nabon, all accessory uses shall contain no more square footage than 25 percent of the habttable floor area of the pnnopai structure (w~th the excepbon of garage or carport areas devoted to the storage of vehicles, which shall not be included ~n the calculabon and may exceed the 25 percent restriction). d. A m~mmum rear setback as stated ~n Secbon 5.2, Res~denbal D~mens~onal Standards, for the d~stnct ~n which the accessory budding or structure ~s located; and e, A maximum s~ze not to exceed 25 percent of the area of the pnnc~pal structure. Home Occupation ^ home occupabon ~s that accessory use of a dwelhng that shall consbtute all or some portmn of the livehhood of a person or persons hying m the dwelhng. 1. Zn-home Day Care (s~x or fewer people) 2. Bed & Breakfast A bed and breakfast faohty shall be considered accessory to a smgle- famdy dwelhng. a. No more than four unrelated mdw~duals may occupy the property overmght. b. The faclhty must maintain a restdential appearance and be the permanent residence of the proprietor. c. bm~t number of rooms to four where shared/common bathrooms may be provtded. d. No cooking facd~Ues are permitted In md~wdual rooms. 3. Exclusions to Home Occupations No home occupatton shall be permttted that results tn any of the following: a. Changes the outside appearance of the dwelling; b. Is vis~ble from the street; c. Generates traffic, parking, sewerage, or water use In excess of what is normal m the res~denbal neighborhood; d. Results in the off-street or on-street parking of more than two vehicles at any one bme not owned by members of the occupant famdy; e. Creates a hazard to persons or property; f. Results tn electrical interference; g. Is a nuisance; h. Results m the any outside storage or display; or i. Includes employment w~thm the home or on the premise of persons other than members of the occupant famdy. 4, Prohibited Home Occupations The following are prohibited as home occupations: a. Barber, beauty, and other personal serwce shops; b. Ammal hospitals, stables, or kennels; 6-21 Unified Development Ordinance 6/]3/03 CRy of College Stabon, Texas Arbcle 6. Zomng D~stncts Section 6 4, Accessory Uses c, Dance studios, schools; d. Mortuaries; e. Private clubs; f. Repair shops; g. Restaurants; h. Automobile paint or repair shops; I, Doctor, dentist, vetennanan, or other medically related office; or j. Rooming/Boarding House. Recycling Facilities - Small 1. Single Feed Reverse Vending Hachlnes S~ngle feed reverse vending machines may be located with a permit either in the interior or immediate exterior of commercial, industrial, or pubhc fac~htles. 2. Small Collection Facilities Small collecbon facihbes may be permitted when estabhshed on an ~mproved surface in conjunction with an ex~st~ng commercial or ~ndustnal use or public fac~hty. The host fac~hty must be ~n comphance w~th all Qty codes. No fac~hty may occupy more than 500 square feet, nor occupy more than five parking spaces of the host site. All vehicular and pedestrian c~rculatlon aisles shall be unobstructed. a. Setbacks Each fac~hty shall be set back at least 10 feet from any right-of-way hne when located ~n front of the host use. S~de, side street, and rear setbacks established for commercial uses shall be maintained. Containers ~ntended for 24-hour donation of materials shall be a mtmmum of 40 feet from property zoned or developed for res~denbal use. Attended facilities within 100 feet of residentially-zoned or developed property shall operate between the hours of 9:00 A.M. and 7:00 P.M. b. Landscaping A small collection fac~hty shall not be placed on the host site ~n such a manner as to impair the landscaping required for the subject s~te. c. Parking One space will be required ~f an attendant is prowded. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the m~mmum number required by ordinance for the host s~te. d. Noise No~se levels shall not exceed 60 dBA as measured at the property hne of residentially-zoned or developed property, otherwise no~se levels shall not exceed 70 dBA. e. Signage Each container must be clearly labeled with a s~gn, hm~ted to one per container and no larger than 20 percent of the side upon which the s~gn ~s placed, to prowde mformat~on pertaining to the type of material 6-22 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 6 Zoning D~strlcts Section 6 4 to be collected w~thln the container, and the name and telephone number of a person responsible for maintenance who may be contacted at all times. 6,5 Temporary Uses Temporary Uses, as set forth below, are declared to have characteristics which require certain controls ~n order to ~nsure compat~bdlty w~th other uses m the d~str~ct within which they are proposed for location. A. Particular Temporary Uses Permitted Garage Sales; 2.Indoor and outdoor art and craft shows, exhibits, and sales; 3.Sales of Christmas trees or other seasonal goods; 4,Religious revival tents; Temporary buildings and equipment for uses incidental to construction work on premises in any zone but shall be removed upon the completion or abandonment of construction work. None shall be located on any public street or public right-of-way at any time during construction; and S. Temporary Concrete Products. Temporary facilities for manufacturing concrete or concrete products may be located in all zoning districts where they are directly associated with construction In the area. Retail sales of concrete products shall be prohibited in conjunction with temporary concrete plants. The production site must be returned to its pre-construction state following completion of the associated pro.lect. B. Temporary Residential Sales Offices and Hodel Homes The following regulations shall apply to the conduct of temporary residential sales offices and model homes within residential zoning d~stncts: Temporary residential sales offices and model homes may be located w~thm a residential dlstr~ct as part of an on-going resldenbal development; however, they shall only be located at the end of a residential block on the periphery of a subdiwslon or at the entrance to a subdtws~on; 2. Any temporary residential sales office or model home shall be removed or converted to a use permitted w~th~n the d~str~ct when Certificates of Occupancy have been ~ssued to 95 percent of the associated residential umts or when use as a sales office or model home has ceased; and 3. Model homes for new subd~ws~ons shall only be occupied for residential hab~tabon after all business actw~bes have ceased and upon sale of the home. 6-23 Umhed Develol~ment Ordinance 6/:[3/03 City of College Stabon, Texas Article 7 General Development Standards Section 7 i General Provisions Article 7. General Development Standards The following general development standards shall apply to all zomng districts, except where expressly stated to apply to, or exclude, specific districts. 7.1 General Provisions A. Health and Environmental Safeguarda No machine, process, or procedure shall be employed on any property In the C~ty, ~n which: 2. Emission of smoke, dust, or noxious, toxic or lethal gases are detectable beyond the per~meter of the property; 2. Materials are stored or accumulated ~n such a way that they may be carried by rainwater ~n natural dre~nage channels beyond the hm[ts of the property, which are noxious, toxic, redloactlve, contain Oll or grease, wood, cellulose fibers, hair, feathers, or plastic, or have a pH factor greater than ten or less than five; 3. V~brabon ~s d~scermble beyond the property hne; or 4. Nmse above the ambient no~se level ~s d~scermble beyond the property hne. B, Hlnlmum Requirements 2. No bmldtng plot shall have lower or less stnngent standards or d~menslons than those prescribed for respectwe zones In th~s UDO. 2. No braiding permit or development approval may be issued for a lot that does not meet the m~mmum lot area requirements of th~s UDO except as prowded for ~n Article 9, Nonconformities. 3. [n the absence of pubhc water or pubhc sewer, no building permit shall be ~ssued unbl the lot meets all applicable reqmrements of this UDO and the Texas Department of Health and Enwronmental Control. A septic system that has been approved by the Brazos County Health Department may be permitted ~f an excepbon to sewer service has been granted under Chapter 11, Section 2 of the College Stabon Code of Ordinances, as amended. 4. Ubht~es using land or an unoccupied building covering less than 1,000 square feet of s~te area shall be exempt from m~mmum lot area standards. C. Visibility at Tnteraections in all Districts Within a triangle defined by the property lines and a line Joining two points located 20 feet back from the mtersecbon of the property hnes, nothing shall be erected, placed, planted, or allowed to grow ~n such a manner as materially to ~mpa~r vehicle drivers' ws~on at ~ntersect~ons. tn add~bon, for commercial and multifam~ly driveways, a wslbility triangle defined by the curb hnes and a hne jmmng two points located 20 feet back from the ~ntersect~on of the curb hnes shall apply. Fences, walls, and/or hedges may be permitted tn ws~b~hty triangles provided that such fences, walls, and/or hedges do not ~mpa~r ws~on from three feet to s~x feet above the curb. Per Ordinance No. 2753 dated September 23, 2004 7-1 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7. General Development Standards Section 7.1. General Provisions -- --properly hne-- elreet Required Yards (Setbacks) 1. Purpose & Intent a. Setbacks are measured from the property hne; b. On lots w~th approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley; c. No structure that ~s taller than e~ght feet m height and that has a roof structure that completely or part~ally blocks the view to the sky shall be located w~thm the required setback area unless speofically allowed herein; d. No part of a yard or other open space reqmred m connection w~th any building, braiding plot, or use for the purpose of complying w~th th~s UDO, shall be included for any other bmld.ng, budding plot, or use as part of a yard or open space; and e. Where an ex~stmg block was created by an approved plat prior to July 15, 1970, a new 0nfill) single-family dwelhng umt shall use the adjacent lots to determine the appropriate front yard setback. The new dwelhng umt shall be set no closer to the street or farther back from the street than the nearest nmghborlng umts. 2. Reduction for Public Purpose a. When an existing setback ~s reduced because of a recent or pending conveyance to a federal, state, or local government for a pubhc purpose and the remaining setback ~s at least 50 percent of the required minimum setback for the dtstnct m which ~t ~s located, then that remaining setback will be deemed to sabsfy the minimum setback standards of th~s UDO. b. For the purposes of th~s subsectmn, such conveyance shall have occurred w~thm one year ~mmed~ately proceeding submittal for s~te plan approval, or be ant~opated to occur w~thm one year of s~te plan approval. 7-2 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Article 7 General Development Standards Section 7.1. General Prows~ons 3. Features Allowed Within Required Yards The following features may be located w~th~n a reqmred yard but may be subject to add~bonal regulabons apphed herein: a. Trees, shrubbery, or other landscape features, excluding gazebos or other s~mdar structures that part~ally cover the wew skyward; h. Fences and walls; c. Driveways; d. S~dewalks; e. Ubhty Ilnes, w~res, and associated structures, such as power poles; f. Mechamcal equipment such as mr cond~t~omng units, pool pumps, and s~mdar eqmpment; g. Uncovered porches, uncovered steps to budding entrances, and uncovered pabo decks; h. Openwork fire balcomes and fire escapes may extend up to s~x feet ~nto any required rear setback; I. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features may extend up to 18 roches into any required yard; J. Balcomes or decks located more than e~ght feet from the ground may project up to slx feet ~nto the required front yard; k. Accessory structures that do not require budding permits; I. Bus stops that offer shelter from the elements. Such shelters may be located w~th~n a front or s~de street yard. Shelters may be located w~thm a pubhc right-of-way ff a Private Improvement ~n Pubhc right-of- way permR has been duly ~ssued; and m. Uncovered swimming pools and hot tubs. More Than One Principal Structure on a Lot or Parcel 1. In any smgle-famdy or duplex res~denbal d~strict, no more than one structure housing a permitted principal use may be erected on a s~ngle lot or building plot. Per Ordinance No. 2753 dated September 23, 2004 2. In all other d~stncts, more than one structure housing a permitted pnnc~pal use may be erected on a single lot or budding plot, notwithstanding yard and other reqmrements here~n that must be met for each structure as though each were on an ~nd~wdual lot or budding plot. Fences Fences of wood, chmn-hnk, or s~m~lar material, and less that e~ght feet ~n height, and fences of brick, stone, concrete, or s~mdar material, and less than s~x feet ~n height, shall not be construed to be structures, nor shall they require a building permit. Building Plot 1. Budding plot refers to all of the land w~th~n an area defined by the Adm~mstrator that consists of one or more platted lots for a single development. Such determ~nabon shall be made at the platbng stage or at the time of s~te plan. 2. In the event that two or more lots are under s~ngle ownership and the ex~sbng structure does not meet the required yard setback, both lots shall be construed as the budding plot. 7-3 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Arhcle 7. General Development Standards Section 7 I General Provisions Hu The Adm~mstrator shall determine the budding plot using the following cnterla: a. Contiguous properbes that consist of less than two acres and have one or fewer frontages on a street classified as a collector or h~gher on the current Thoroughfare Plan wdl be consohdated and defined as one budding plot for the purposes of slgnage; b. Conbguous properbes that develop according to a common plan or design for similar or compabble uses, which s~ngularly or ~n phases, Is treated as such for s~te plan rewew purposes Including s~gnage; or c. Conbguous properbes that as determined by the Adm~mstrator need to be consohdated for ease of access, reduction of the prohferat~on of s~gnage along the pubhc nght-of-way, or other pubhc health, safety, or general welfare reasons. Height 1. Building height refers to the vertical distance measured from the finished grade, or the base flood elevation where applicable, and the following points: a. The average height level between the eaves and ridge line of a gable, hip, or gambrel roof; b. The highest point of a mansard roof; or c. The highest point of the coping of a fiat roof. With the exception of NG, RDD, and P-MUD districts, no multi-family or non-restdentlal structure shall be located nearer to any property hne ad3acent to a single-family use or townhouse development than a horizontal distance (B to C) of twice the vertical distance (height, A to B) of the structure as illustrated in the graphic below. A , Building ,'~ // /~, BI. 100' House a. No additional multi-family or non-residential structures shall penetrate an Imaginary hne, ~llustrated by ~nchned plane In the graphic above, connecting pmnts A and C. b. Calculation of the height limits shall be to the h~ghest point of the structure. Equipment such as satelhte dishes and heabng and mr cond~bomng units may be Installed on top of buildings prowded that they are screened from horizontal wew and ~ncluded ~n the height limitations. Unless otherwise stated in this UDO, the height limitations herren shall not apply to any of the following: 7-4 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7. General Development Standards Secbon 7.2 Off-Street Parking Standards a. Utdlty structures such as elevated water storage tanks and electrical transmission lines; b. Archltecturel elements such as flagpoles, belfries, cupolas, sp~res, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other s~mdar structure extending above the roof of any budding where such structure does not occupy more than 33 percent of the area of the roof; or c. Residential radio/television recelwng antennas. Public Address Systems Public Address Systems shall not be audible to an adjacent residential use. 7.2 Off-Street Parking Standards A. Purpose The purpose of th~s Section is to establish the guldehnes for off-street parking spaces consistent with the proposed land use to: 2. Eliminate the occurrence of non-resident on-street parking in adjoining neighborhoods; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking spaces; and 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus Increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. B. Off-Street Parking Spaces Required 1. Jn all d~stncts, for all uses, at the time any budding or structure is erected, enlarged, or increased m cepac~ty, or at any time any other use ~s estabhshed, there shall be off-street parking spaces prowded for motor vehicles m accordance with the requirements specified hereto. 2. Where off-street parking faclhbes are prowded m excess of the mimmum amounts specified by th~s Section, or when off-street parking fatalities are provided but not required, smd off-street parking facd~tles shall comply with the minimum requirements for parking and maneuvenng space as specified ~n th~s Section. 3. It shall be unlawful to d~scontmue or d~spense with, or cause the dlsconbnuance or reduction of, the required parking facilities apart from the d~scontmuance of the building, use, or structure w~thout establishing alternabve off-street parking faclhbes that meet these requirements. C. Dimensions and Access This Section applies to any development or redevelopment of uses other than smgle-famdy residential, duplexes, or townhouses unless otherwise noted. 2. Each off-street parking space for automobdes shall have an area of not less than 9 feet by 20 feet and each stall shall be striped. Th~s standard shall apply for off-street parking for all uses including single-family residential, duplexes, and townhouses. Slngle-famdy residential and townhouses are not reqmred to stripe parking spaces. 2. An :].8-foot paved space (90 degree only) may be utd~zed where the space abuts a landscaped ~sland w~th a m~nlmum depth of four-feet. An 18-foot space may also be used when adlacent to a sidewalk prowded that the m~mmum width of the s~dewalk Is s~x feet. 7-5 Umfied Development Ordinance 6/13/03 C~ty of College Stabon, Texas Arbcle 7 General Development Standards Section 7 2 Off-Street Parking Standards 3. Each parking space ~ntended for use by the hand~capped shall be designed m accordance w~th the standards of the Texas Architectural Barriers Act (TABA) adm~mstered by the Texas Department of bcense and Regulation. 4. Each parking space and the maneuvenng area thereto shall be located enbrely w~thln the boundaries of the budding plot except where shared parking ~s approved by the Oty. S. All parking spaces, msles, and modules shall meet the m~mmum reqmrements, as shown m the following table. All d~mens~ons are measured from wall to wall. PARKZNG SPACE AND AZSLE DZMENSZONS 22 feet 10 feet 12.0 feet 20.0 feet 22.0 feet 22.0 feet 40.0 feet 45 9 feet 21.1 feet 12.0 feet 20.0 feet ].2.7 feet 54.2 feet 62.2 feet 6O 9 feet 22.3 feet ].5.0 feet 22 0 feet 10.4 feet 59.6 feet 66.3 feet 90 9 feet 20 0 feet 23.0 feet 23.0 feet 9.0 feet 63.0 feet 63.0 feet Aisle B 6. The w~dth of an alley may be assumed to be a portion of the maneuvenng space reqmrement for off-street parking facd~bes located adjacent to a pubhc alley. Th~s standard shall apply for off-street parking for all uses ~ncludlng single-family residential, duplexes, and townhouses. 7. Parking lots located w~thin 15 feet of a pubhc right-of-way shall have a maximum of seven conbguous spaces separated by an 18 foot by 20 foot landscaped Island. All parking lots shall be setback a m~mmum of 6 feet from any public right-of-way. Per Ordinance No. 2753 dated September 23, 2004 8, Parking ~s d~scouraged along entrance drives and should be limited on major c~rculabon msles of large developments and major retml centers. Per Ordinance No. 2753 dated September 23, 2004 7-6 Umhed Development Ordinance 6/13/03 Oty o( College Station, Texas Article 7 General Development Standards Section 7.2 Off-Street Parking Standards The Design Review Board may waive parking lot dimension requirements ~n the Northgate and Wolf Pen Creek d~stncts if the development meets the goals of the master plan for the respective district. End Zsland$ 1. A rinsed ~sland, encompassing not less than 180 square feet In area, shall be located at both ends of every ~ntenor and penpherel parking row, regardless of the length of the row. End ~slands may have s~dewalks through them. Examples of interior and peripheral parking are shown ~n the figure below. LOT Building___ I , ._:_, PARKING SETBACK Street All end ~slands must be rinsed at least six inches and curbed, w~th the majority of the area of each ~sland planted or treated w~th enhanced pawng. The soil w~thm the planted area shall not be compacted or stabdlzed and shall be conbguous with the sod at the natural grade. Znterlor Zaland$ 1. All interior islands shall be evenly distributed throughout the interior of the parking area. 2. For every fifteen :ntenor park:ng spaces, 180 square feet of landscaping must be prowded somewhere :n the interior rows of the parking lot. [ntenor Island areas may be grouped and configured as des:red provided that clrculabon msles remmn clear and the m:mmum :sland area Is not less than ~.80 square feet. Interior :slands may have s:dewalks through them. 3. End :sland areas that exceed the m:mmum requ:red may be counted toward the interior parking :sland requ:rement. 4. All Interior Islands must be rinsed at least s:x inches and curbed, w:th the majority of the area of each :sland planted or treated with enhanced pawng. The sod w:th:n the planted area shall not be compacted or stab:llzed and shall be cont:guous w:th the sod at the natural grade. 7-7 Umfled Development Ordinance 6/13/03 C:ty of College Stabon, Texas Arbcle 7 General Development Standards Section 7 2 Off-Street Parking Standards Requirements Apply to All Parking Areas Every parcel of land hereafter used as a pubhc parking area, excluding overflow parking for churches, Including commercial parking lots, and parcels used for open-air sales lots shall be developed and malntmned ~n accordance w~th the requirements ~n th~s Section. Surfacing ].. General All surfacing of off-street parking areas shall be constructed of e~ther asphalt or concrete as described m the City of College Station Standard Specifications for Construction, Part VIII Standard Dermis. Variances to the standards shall be approved by the Development Engineer. All off- street parking areas shall be graded to drem and maintained so as to d~spose of surface water accumulated w~thln the area. Parking spaces shall be so arranged and marked so as to prowde for orderly and safe parking of vehicles. 2, Non-Public, Ali-Weather Drive Surfaces Temporary or permanent dr. ve surfaces that are required for emergency access or turnaround for emergency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent ~nstallabon, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the d~screbon of the Development Engineer for the specific cond~bons stated below: a. Temporary Ali-Weather Surface (Dunng Construcbon) A structure under construction must be accessible by an all-weather drive surface as specified ~n the Oty of College Station Standard Spec;ficabons for Construcbon, Part VIII Standard Detads. b. Semi-Permanent Ali-Weather Surface (Dunng Phasing) [n cases dunng phasing of a large project, emergency access and turnarounds often must be added as a temporary measure untd additional phases are constructed. These emergency access areas may consist of permanent pavement surface as specified ~n the C;ty of College Station Standard Specifications for Construction, Part VIII Standard Detads. c. Permanent All-Weather Surface (Permanent) tn some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and ~s not required for pubhc treff~c, service vehicles or samtatlon vehicles, tn these cases, the area required for emergency access only may consist of permanent pavement surface as specified ~n the City of College Station Standard Specifications for Construction, Part VIII Standard Detads. 7-8 Umfied Development Ordinance 6/13/03 City of College Station, Texas Article 7 General Development Standards Section 7.2 Off-Street Parking Standards Number of Off-Street Parking Spaces Required In computing the number of parking spaces required, the following rules shall govern: Parking requirements based on square footage shall be based upon the gross floor area, unless otherwise stated. Service areas such as mechamcal rooms, restrooms, and closets shall be ~ncluded In the calculation of "gross floor area" for determ~mng required parking spaces. 2. Where fracbonal spaces result ~n compubng reqmred parking spaces, the required number of spaces must be ~ncreased to the nearest whole number. 3. The parking space reqmrements for a use not specifically hsted shall be the same as those for the most s~mdar to the proposed use, as determined by the Adm~mstrator. 4. Whenever a budding or use constructed or established after the effecbve date of this UDO ~s changed or enlarged ~n floor area, number of employees, number of dwelhng umts, seabng capacity, or otherwise, parking requirements shall be met on the bas~s of the enlargement or change. Whenever a budding or use ex~st~ng prior to the effective date of th~s UDO Is enlarged, the enlarged budding or ~ncreased use shall then and thereafter comply w~th the parking reqmrements set forth herein. 5. In the case of m~xed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. Th~s ~ncludes the parking requirements for uses such as private schools, day care centers, soup k~tchens, and computer centers located on property used for rehg~ous worship. Per Ordinance No. 2753 dated September 23, 2004 S. Where requirements are estabhshed on the bas~s of the number of seats, such requirements shall be based on the seabng capacity as determined by the Budding Offlc~ah 7. Where a manufactunnghndustrlal use has more than one working shift of employees, parking shall be prowded to accommodate overlap requirements during trans~bon periods. 8, When the developer of a large-scale development can demonstrate that such development wdl require fewer parking spaces than required by the standards of this Secbon, the Adm~mstrator may permit a reducbon ~n the number of required parking spaces for the development. Such a reducbon ~n parking spaces shall be jusbfied through the development of a parking study prepared by a professional engineer or transportabon planner and submitted to the Adm~mstrator. The balance of the land necessary to meet these requirements shall be held ~n reserve as an undeveloped area, to meet any future needs generated by an expansion of the bus~ness, a change in land use, or underestimated parking demand. 9, The Design Review Board may waive parking space requirements ~n the Northgate and Wolf Pen Creek d~stncts ~f the development meets the goals of the master plan for the respective dlstr~ct. 7-9 Umfied Development Ordinance 6/~.3/03 City of College Station, Texas Article 7 General Development Standards Secbon 7.2. Off-Street Parking Standards MI'NI'MUM OFF-STREET PARKI'NG RE~ UI'REMENTS A~rport As determined by the Administrator Banks 250 s.f. I 1.0 I Bowling Alley As determined by the Adm~nlstretor Bus Depot As determined by the Administrator Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay Church Seat 0.33* Convalescent Home/Hospital Bed 0.5 Duplex Dwelhng. I & 2 Bedroom DU 2.0 3 Bedroom DU 3.0 Dormitory Bed 0.75 Day Care Center 250 s.f. 1.0 Fraternal Lodge 75 s.f. 1.0 Fraternity/Sorority House Person 1.0 1/30 s.f. meeting room Frmght Stabon As determined by the Adm~mstrator Funeral Parlor Seat 0.33 Golf Dnwng Range Tee Stabon 1.0 Health Club/Sports Facd~ty As determined by the Adm~mstrator Gasohne and Fuel Service 300 s.f. 1.0 Group Housing BR 2.0 As determined by the Adm~mstrator Health Studio 150 s.f. 1.0 Hospital As determined by the Adm~mstrator Hotel/Motel DU 1.0 1/200 s f. meebng room HUD-Code Manu. Home DU 2.0 Laundry 150 s.f i 0 Motor Vehicle Sales/Service Office/Sales Area 250 s.f. 1.0 Service Area 100 s.f. 1.0 Medical or Dental Chmc< 20,000 s f 200 s.f 1.0 Mult~-famdy Dwelling: I Bedroom BR 1.5 2 Bedroom BR 1.5 (ea. BR<130 s.f.) 2 Bedroom BR 1.25 3 Bedroom BR 1.0 N~ght Club 50 s.f. 1.0 Office Budding 250 s f I 0 Personal Service Shop 250 s.f. 1.0 Pnv. School or Comm. Studm 100 s.f. 1.0 Retml Sales & Service: C-1 250 s.f. 1.0 C-2 350 s f. 1.0 C-3 250 s.f. 1.0 Restaurant (w/o drive-through) 65 s.f. 1.0 (w/drwe-through) 100 s.f. 1.0 Rooming/Boarding House Person I 0 Sales D~splay 250 s.f. 1.0 Smgle-famdy Dwelhng DU 2.0 Shopping Center**: C-1 250 s.f. 1.0 C-2 350 s.f. 1.0 C-3 250 s.f. 1.0 Townhouse DU 2.0 Theater Seat 0.25 Truck Terminal As determined by the Administrator Vetennary Chmc 300 s.f. 1.0 Warehouse 1000 s.f 1.0 's.f." = square footage "DU" = Dwelhng Unit. Per Ordinance No. 27S3 dated September 23, 2004 "BR"= Bedroom. 7-10 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7 General Development Standards Section 7 20ff-SLTeet Parking Standards * Overflow parking above required parking spaces may be grassed rather than paved. All unpaved spaces shall be shown on s~te plan and orgamzed for efficient traffic c~rculabon using wheel stops and other appropriate measures as reqmred by the Adm~mstrator. ** No more than 25% of any shopping center square footage shall be ubhzed for intense uses (uses that, Ind~wdually, have a parking requirement greater than 1:250 ~n C-! or C-3 and ~.:350 ~n C-2) unless add~bonal parking ~s prowded In accordance w~th the above reqmrements for that square footage of such uses ~n excess of 25%. Per Ordinance No. 2753 dated September 23, 2004 Alternative Parking Plans ~.. Scope An Alternabve Parking Plan represents a proposal to meet vehicle parking and transportation access needs by means other than prowdlng parking spaces on-s~te ~n accordance w~th the ratios estabhshed In Secbon 7.2.H, Number of Off-Street Parking Spaces Required. 2, Applicability Applicants who w~sh to prev~de fewer or more off-street parking spaces than allowed above shall be required to secure approval of an Altarnabve Parking Plan, ~n accordance w~th the standards of th~s Section. The Adm~mstrator may reqmre that an Alternative Parking Plan be submitted in cases where the Adm~mstrator deems the hsted standard to be ~nappropnate based on the unique nature of the use or In cases where the applicable standard ~s unclear. 3. Contents Alternabve Parking Plans shall be submitted ~n a form estabhshed by the Adm~nlstretor and made avmlable to the pubhc. At a m~mmum, such plans shall detml the type of alternative proposed and the rabonale for such a proposal. 4. Review and Approval Procedure The Adm~mstrator shall be authorized to approve Alternabve Parking Plans. Appeals of the Adm~mstrator's decision may be made to the Planning and Zomng Commission. 5. Recording An attested copy of an approved Alternabve Parking Plan shall be submitted to the County Clerk's off~ce for recordation on forms made available In the Department of Development Serwces. Proof of recordation of the agreement shall be presented to the Adm~mstretor prior to ~ssuance of a Budding Permit. An approved Alternabve Parking Plan may be amended by the Adm~mstrator. 6, Eligible Alternatives A number of specific parking and access alternatives are described below. The Adm~mstrator shall, however, be authorized to consider and approve any alternabve to prowdlng off-street parking spaces on the s~te of the sublect development ff the apphcant demonstrates that the proposed plan shall result In a better s~tuat~on w~th respect to surrounding neighborhoods, c~ty-w~de traffic circulation, and urban design than would strict comphance w~th otherwise applicable off-street parking standards. a. Shared Parking-' The Admlmstretor may authorize a reduction ~n the number of required off-street parking spaces for mulbple-use 7-].]. Umfled Development Ordinance 6/].3/03 City of College Stabon, Texas Article 7 General Development Standards Section 7.2. Off-Street Parking Standards developments or for uses that are located near one another and that have d~fferent peak parking demands or d~fferent operating hours. Shared parking shall be subject to the following standards. (2)Location: Shared off-street parking spaces shall be located no farther than 250 feet from the building s~te. The Administrator may waive th~s d~stance I~mltat~on, If adequate assurances are offered that van or shuttle service shall be operated between the shared lot and the pnnc~pal use. (2)Zoning Classification: Shared-parking areas shall be considered accessory uses of pnnc~pal uses that the parking spaces are ~ntended to serve. Shared parking areas shall require the same or a more ~ntens~ve zomng classification than that reqmred for the most intens~ve of the uses served by the shared parking area. (3)Required Study and Analys~s: The applicant shall submit a shared parking analys~s to the Administrator that clearly demonstrates the feas~b~hty of shared parking. The study shall be prowded ~n a form established by the Adm~mstrator and made available to the pubhc. It shall address, at a m~nimum, the s~ze and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that shall be shanng off- street parking spaces. The Adm~mstrator shall have the authority to require a revised study and analys~s should cond~bons change that may result In a change ~n s~te parking conditions. (4)Shared Parking Agreement: A shared parking plan shall be enforced through wrttten agreement among the owners of record. An attested copy of the agreement shall be submitted to the County Clerk's office for recordation on forms made available ~n the Department of Development Services. Proof of recordabon of the agreement shall be presented to the Adm~mstrator prior to ~ssuance of a Braiding Permit. A shared parking agreement may be revoked by the part~es to the agreement only ~f off-street parking ~s prowded pursuant to this Secbon, or ~f an Alternabve Parking Plan ~s approved by the Admlmstrator. (S)Revocabon: Failure to comply w~th the shared parking prows~ons of th~s Secbon shall constitute a wolat~on of' th~s UDO and shall specifically be cause for revocation of a Certificate of Occupancy or Building Perm~l:. b. Off-Site Parking-' The Admlmstretor may permit all or a portion of the required off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use ~s located, subject to the standards of th~s Secbon. (1)Location: No off-site parking space shall be located more than 250 feet from the building s~te. The Adm~mstretor may waive th~s d~stance I~m~tat~on ~f adequate assurances are offered that van or shuttle service shall be operated between the shared lot and the principal use. (2)Zomng Classification: Off-site parking areas shall be considered accessory uses of principal uses that the parking spaces are ~ntended to serve. Off-site parking areas shall require the same or a more ~ntens~ve zomng classification than that required for the use served. 7-12 Umfled Development Ordinance 6/~.3/03 City of College Station, Texas Article 7. General Development Standards Section 7.3 Access Management and C~rculatlon (3)Off-Site Parking Agreement: In the event that an off-site parking area is not under the same ownership as the pnnc~pal use served, a written agreement among the owners of record shall be required. An attested copy of the agreement between the owners of record shall be submitted to the County Clerk's Office for recordabon on forms made avmlable m the office of the Adm~mstrator. Proof of recordabon of the agreement shall be presented to the Administrator prior to ~ssuance of a Building Permit. An off-site parking agreement may be revoked by the parbes to the agreement only ~f off-street parking ~s prowded on- s~te pursuant to Section 7.2, Off-Street Parking Standards or ~f an Alternabve Access and Parking Plan ~s approved by the Administrator. Bicycle Parking: The Adm~mstrator may authorize a reducbon m the number of required off-street parking spaces for developments or uses that prowde b~cycle parking or that make special prows~ons to accommodate blcychsts. Examples of accommodabons include b~cycle lockers, employee shower fac~hbes, and dressing areas for employees. 7.3 Access Management and Circulation A. Location of Existing and Planned Multi-Modal Routes Any proposed development shall take ~nto account the location of ex~sbng and planned multi-modal routes (~.e., b~keways, pedestrian ways, and transit routes) and prowde pedestrian and/or vehicular connections to the route(s) w~th~n or ad.lacent to the development. B. Easements 1. Street Access No use shall be permitted to take d~rect access to a street except as allowed .n th.s Secbon. a. Local Streets-' All residential uses may take d~rect access to local streets. Nonresidential uses shall not take dtrect access to local streets, provided that any lot located w~thln a nonresidential subdw~s~on or any parcel adjacent to a street w~thm a nonres~denbal subdivision may take d~rect access to the local street ~nternal to the subd~ws~on, and prowded that any corner lot abutting a local street and an arterial or collector street or freeway may take access to the local street ~f such access ~s required by the h~ghway governmental authority hawng .lunsd~ctlon. b. Minor Collector Streets: No s~ngle-famdy dwelling, townhouse, or duplex shall take d~rect access to m~nor collector streets except when permitted by the Subd~ws~on Regulabons. Per Ordinance No. 2753 dated September 23, 2004 c. Major Collector Streets: No s~ngle-famlly dwelhng, townhouse, or duplex shall take direct access to major collector streets. d. Arterial Streets: No slngle-famdy dwelhng, townhouse, or duplex shall take d~roct access to arterial streets. d. Shared Drlvewaya-' The Development Engineer may require a shared driveway at the bme of platting, development, or redevelopment of the affected lots. 2. Cress-Access Easements 7-13 Unified Development Ordinance 6/3.3/03 City of College Station, Texas Article 7. General Development Standards Section 7.3. Access Management and ClrCulabon a. If a parcel ~s to be developed for any nonres~denbal land use, a cross- access easement shall be prowded by the property owner to adjolmng properties that front on the same street and that are, or may be, developed as nonres~denbal land uses. b. Cross-access easements shall be s~tuated parallel to the street right- of-way hne abutbng both parcels. The property owner shall mmntmn access easements. c. The property owner shall prowde appropriate documentation of a good froth effort to extend the access easement through all ~mmed~ately abutting properties. If such an effort fads, the port~on of the easement on the subject s~te shall be developed and designed to ensure future connection to the ne~ghbonng properties. d. Where a cross-access easement ~s granted, no permanent structures or parking that would ~nterfere w~th the proposed access shall be permitted ~n the easement. Some ~mprovements such as medians and parking ~slands may be constructed w~thm an access easement ~f ~t has been demonstrated that adequate c~rculabon and cross access has been accomphshed, and that all apphcable standards of th~s UDO have been met. e. The Development Engineer may wmve the requirement for an easement of access reqmred above ~n those cases where unusual topography or s~te conditions would render such an easement of no useable benefit to ad]o~mng properties. f. The Development Engineer may approve the vacabon of an easement of access ~n those cases where adjoining parcels are subsequently developed w~th a res~denbal use. Driveway Access Location and Design 1. General a. It shall be unlawful for any person to cut, break, or remove any curb or ~nstall a driveway along a street except as here~n authorized. Opemngs ~n the curb may be approved by the Development Engineer for the purposes of drmnage. b. It shall be unlawful for any person to construct, alter, extend, permit, or cause to be constructed, altered, or extended any driveway approach which can be used only as a parking space or area between the curb and private property. c. Th~s Section shall be deemed to be supplemental to other Sections regulabng the use of pubhc property, and ~n case of confhct, th~s Secbon shall govern. d. Adequate s~ght d~stance shall be prowded for a passenger motor vehicle making a left or right turn ex~ting from a driveway. Th~s determ~nabon shall be made by the Development Engineer. o. The specifications and guidelines set forth ~n th~s UDO are to be apphed to driveways prowd~ng access to commercial and multi-family developments. S~ngle-famdy and duplex residential driveways are excluded from this policy unless otherwise ~nd~cated. f. As determined by the Development Engineer, eng~neenng ,ludgment shall override the required d~mens~ons set forth ~n th~s Secbon ~f warranted by specific traffic cond~bons. 2. Location of Driveway Access 7-14 Unified Development Ordinance 6/:1.3/03 City of College Stabon, Texas Article 7 General Development Standards Secbon 7 3. Access Management and C~rculatlon a. [n making a determination as to the location of driveway access, the Development Engineer shall consider: ([) The charactensbcs of the proposed use; (2)The ex~st~ng traffic flow cond~bons and the future traffic demand anticipated on the development and the ad]acent street system; (3) The location of the property; (4) The size of the property; (S) The orientation of structures on the stte; (S)The number of driveways needed to accommodate anUc~pated traffic; (7)The number and location of driveways on ex~stlng adjacent and opposite properties; (8) The location and carrying capacity of ~ntersect~ons; (g) The proper geometric design of driveways; (lO)The spacing between opposite and adjacent driveways; (S. 3.)The ~nternal clrculabon between driveways; and (:l. 2)The speed of the adjacent roadway. b. Driveway access to arterials shall not be permitted for parking or loading areas that require backing maneuvers m a pubhc street right- of-way. Driveway access to collector streets for commercial or multi- famdy developments shall not be permitted for parking or loading areas that require backing maneuvers m a pubhc street right-of-way. c. One curb cut shall be allowed for access to smgle-famdy and duplex res~denbal tracts. Alternabve access configurabons, Including c~rcle driveways, may be allowed upon approval by the Development Engineer. d. For corner residential lots, side access driveways shall be sub]eot to rear budding setback requirements. Per Ordinance No. 2657 dated August 28, 2003 e. No cuts through a left-turn reservoir of a median shall be permitted ~n order to prowde for left-turn movements to driveway approaches. f. Driveways m right-turn lane transR~on areas shall not be permitted. The right-turn lane transition area ~s defined as the taper and decelerat~on/accelerabon length. g. When a commercial or mulb-famdy development abuts more than one pubhc street, access to each abutting street may be allowed only ff the following criteria are met: (3.)It is demonstrated that such access ~s required to adequately serve driveway volumes and wdl not be detrimental or unsafe to traffic operations on pubhc streets. The Development Engineer or h~s designee may reqmre the submittal of a traffic study that demonstrates that such access ~s reqmred. (2)The mlmmum requirements for corner clearance for commercial or mulb-famdy driveways are met. Spacing of Driveway Access a. Application of the driveway access location and design standards requires ~dentificatlon of the functional classlficabon of the street on which access ~s requested and then applying the appropriate spacing 7-/5 Umfled Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Article 7. General Development Standards Secbon 7 3. Access Management and C~rculabon requirements. The City of College Station streets are classified as follows and defined ~n Article 11, Defimt~ons: (1) Pla.lor Arterial; (2) Minor Arterial; (:3) Collector; and (4) Local Street. Ma.lor arterial, minor arterial, and collector streets ~n the C~ty of College Stabon are ~nd~cated on the Thoroughfare and Transportabon Improvement Plan. The funcbonal class~ficabon of any street ~n the C~ty not indicated as an arterial or collector street on th~s plan shall be determined using the funcbonal street classification defined by the most recent ed~bon of the AASHTO, A Pohcy on Geometric Design of Highways and Streets. Driveway access spacing shall be measured from the centerhne of the proposed driveway pavement to the nearest edge of the roadway of the ad.lacent or opposite driveway or street as ~nd~cated In the dlustrabon below. / !~ / Opposite Right Adjacent Left d. A m~mmum of 125 feet shall be reqmred for opposite left driveways for all street classifications. e. If the centerllne of an opposite drive Is less than 15 feet from the centerline of the proposed drive, the drives form an Intersecbon and the m~mmum spacing requirements shall apply for the closest drive. f. Spacing of Ad.lacent Driveways (1)AdJacent drives shall be located no closer than the spacing requirement ~n the table below. The Development Engineer or h~s/her designee may allow adjacent driveway spacing less than the spacing requirement below ~f ~t ~s determined that favorable conditions ex~st under peak traffic conditions. (2)On divided streets with rinsed or depressed medians, ~t ~s the C~ty's pohcy to ahgn other streets, alleys, private roads, and driveways on either side of the median opemngs. Therefore, when Iocabng such an ~ntersect~on, ~t shall be assumed that th~s type of ~ntersectlon will exist at median opemngs and other ~ntersect~ons between median opemngs should be spaced accordingly. The Development Engineer may wmve th~s requirement ff an ex~st~ng condition precludes access at a median opemng. 7-16 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7. General Development Standards Secbon 7.3. Access Management and Clrculabon (3)"Res~denbal alleys may be allowed on ma]or collectors, m~nor collectors, and local streets at spacings less than those shown ~n the table below w~th the approval of the Development Engineer." 7-17 Umfled Development Ordinance 6/J.3/03 C~ty of College Stabon, Texas Article 7 General Development Standards Secbon 7 3 Access Management and C~rculabon DrlvewB '. Najor Arterial 3~0 Nmor Arterial ~00 Major Collector 235 H~nor Collector and 175 Local Street* * Th~s standard does not apply to s~ngle-fam~ly res~denbal, duplexes, or townhomes. g. Spacing of Opposite R~ght Driveways (~.)Oppos~ta right driveways shall be located no closer than the standard reqmrements of the table below. The Development Engineer may allow opposite right spacing below the standard spacing requirement ff ~t ~s determined that favorable cond~bons ex~st under peak traffic conditions. (2)Add~bonal oppos~ta right spacing over and above that set forth ~n the table below may be reqmred ~f ~t ~s determined by the Development Engineer that there Is Insufficient left turn queue storage or weave maneuver area between the opposite right and proposed driveway. Th~s determination shall be made under peak traffic condlbons. (3)On roadways that ~nclude raised or depressed medians prohibiting left-turmng movements, th~s standard shall not apply. (4)"Res~denbal alleys may be allowed on major collectors, minor collectors, and local streets at spacings less than those shown ~n the table below w~th the approval of the Development Engineer." Major Arterial a~00 Pl~nor Arterial 350 Hajor Collector 300 M~nor Collector and 175 Local Street* * Th~s standard does not apply to single-family res~denbal, duplexes, or townhornes. Freeway Frontage Road Access and Location Requirements a. Driveways shall be located ~n accordance w~th the most recent version of the Access Afanagement Manual, as adm~mstered by the Texas Department of Transportabon (TXDOT). b. These gu~dehnes apply to ex~sbng and planned Interchanges. c. In addition to ramp spacing, driveways on frontage roads under the ]ur~sd~ct~on of the Texas Department of Transportation shall also meet the other requirements of this Secbon as ma]or arterial streets. 7-18 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 7. General Development Standards Section 7.3. Access Management and Circulation Corner Clearance a. No residential driveway approach shall be constructed within the site d~stance triangle detailed In Section 7.1.C, V~mbdzty at Tntersecbons m all zomng d~stncts. b. At intersections of arterials w~th channehzed right turn lanes w~th y~eld control, a corner clearance d~stance ~n accordance with those set forth ~n the dlustrabon below shall be required for the first downstream driveway when adjacent spacing requirements can not be met due to lack of frontage and all means to acqmre shared-access drives or cross-access easements have been exhausted. This distance shall be measured from the channehzed median to the nearest edge of the proposed driveway as md~cated m the dlustrabon. (feot) (feet) SO 2OO 7S 230 100 276 street 8troot c. When the requirements of the previous two tables cannot be met due to lack of frontage and all means to acquire shared-access driveways or cross-access easements have been exhausted, no commercial driveway approach may be located closer to the corner than 75 feet on collector streets, 100 feet on minor arterials, and :t20 feet for major arterials. Th~s measurement shall be taken from the Intersection of property hnes at the corner. When these reqmrements can not be met due to lack of frontage, the driveway may be located such that the radius wdl beg~n at the farthest property hne. Shared Access a. A ~lolnt private access easement may be required between adjacent lots fronbng on arterial and collector streets ~n order to m~mm~ze the total number of access points along those streets and to facd~tate traffic flow between lots. The Iocabon and d~menmons of smd easement shall be determined by the Development Engineer. 7-19 Unified Development Ordinance 6/~.3/03 City of College Station, Texas Article 7. General Development Standards Section 7.3. Access Management and Circulation b. A private cross-access easement may be required across any lot fronting on an arterial or collector street In order to minimize the number of access points and facdltate access between and across individual lots. The location and d~menmon of smd easement shall be determined by the Development Engineer. e street Geometric Design of Driveway Access a. All driveways shall meet the City of College Station's Standard Specifications for Street Construcbon. b. Curb cuts for driveways shall not be permitted ~n the curb return of an ~ntersectson. c. The curb return radii for driveways ~ntersectmg at right angles with the roadway and w~thout a deceleration lane shall be as follows: Straight flare to connect tangency points of curb ['~ Approach tatum j Width --- Max.20' --- MIn,t0' drive RESIDENTIAL Curb Ratum Radius (n) for Collector and Local Streets Is Maximum of 10 feet and MInhnum of 2.6 fect. (].)Curb return rad, for residential (single-famdy, townhouse, and duplex) driveways shall be between two and one-half feet and 10 feet as shown ~n the figure below. Flare type remdenbal driveways must also adhere to these d~menmonal criteria. (2)Curb return radii for commercial and multi-family driveways shall vary between 20 feet and 30 feet as shown ~n the figure below. When special traffic conditions ex~st, the Development Engineer may require larger curb return tad, up to 50 feet. COMMERCIAL & MULTI-FAMILY Approach Width ~-- Max.36' ~ Min.24' drive street Curb Ratum Radius (R) ~-~/Maxlmum of 30 feet Land Minimum of 20 feet. 7-20 Umfied Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 7 General Development Standards Section 7 3 Access Management and C~rculahon (3)Curb return rad, for driveway types not ~ncluded ~n (1) or (2) above shall be determined by the Development Engineer. d. The maximum w~dth of res~denbal driveway approach, measured at the property line, shall not exceed 28 feet In width, wh~le the m~mmum w~dth shall not be less than 10 feet. e. The maximum w~dth of commercial and mulb-fam~ly driveway approaches for two-way operabon shall not exceed 36 feet, except that the Development Engineer may ~ssue permits for driveway approaches greater than 36 feet In width on ma]or streets to handle special traffic conditions. The m~mmum w~dth of commercial and multi-family driveway approaches for two-way operabon shall be not less than 24 feet. f. The combination of two driveways for res~denbal c~rcular drives shall not exceed 28 feet. g. The angle of driveway approach shall be approximately 90 degrees for two-way dr~ves and between 45 degrees and 90 degrees for one-way drives. It. A mimmum driveway throat length shall be required to allow traffic entering the s~te to be stored on s~te, avoiding a queue of traffic onto the adjacent roadway causing delays to the through traffic stream. The driveway throat length shall be defined as the d~stance from the street to the first point of conflict ~n the driveway, r,l~mmum driveway throat depths are prowded ~n the figure below. For more ~ntense uses (~.e., retail shopping center) a m~mmum throat depth of 130 feet w~ll be required. parking 8t~eet DTL. (feet) Collector 26 Minor Arterial 40 Major Arterial 88 drive parking First point o! confl ct i rlveway Throat Length (DTL)I rapm~enta the distance fTom · street to the flint point GonfllGt. Gated residential communities shall use the City of College Station Subdivision Regulations Section 8.W.3, Geometric Design Gutdellnes as a gu~dehne for throat depth and entry designs. Per Ordinance No. 2753 dated September 23, 2004 7-21. Unified Development Ordinance 6/~.3/03 City of College Station, Texas Article 7 Genera[ Development Standards Section 7 4 S~gns 7.4 Signs A. J. For the benefit of traffic safety and flow on collector and arterial streets, access points may be required to be designed to prohibit certain types of turning movements. Driveways not meeting the standard opposite and adjacent spacing guidelines may be designed for limited access by the addition of a median to the driveway. k. For the benefit of traffic safety and flow on collector and arterial streets, auxiliary lanes may be required at driveways where high turning volumes are expected. I. A right-turn deceleration lane with storage length plus taper may be required for any access with a pro]ected peak hour right-turn ingress turning volume greater than 50 vehicles per hour (vph). If the posted speed is greater than 40 mph, a right-turn deceleretlon lane and taper may be required for any access with a projected peak hour ingress turning volume greater than 25 vph. m. Driveways shall be constructed as to avoid altering the drainage patterns of the street and ad]olmng property. n. Driveways shall be constructed to provide a crossing path within the right-of-way that meets the minimum Texas Accessibility Standards. o. A right-turn acceleration lane with taper may be required for any access with a projected peak hour right-turning volume greater than 50 vph when the posted speed on the roadway is greater than 40 mph. Design of right-turn deceleration lanes shall be In accordance with the AASHTO Green Book on auxiliary lanes. p. The spacing requirements for driveways not meeting the specifications in Section 7.3.C.3, Spacing of Driveways, may be lessened or waived if auxiliary lanes are used. q. Access points on arterial and collector streets may be required to be signalized in order to provide safe and efficient traffic flow. A development may be responsible for all or part of any right-of-way dedication, design, hardware, or construction costs of a traffic signal if it is determined that the signal is necessitated by the traffic generated from the development. The procedures for signal installation and the percent of financial participation required of the development in the installation of the signal shall be in accordance with criteria set forth in the City's Traffic Signal Policy. Purpose The purpose of this Section ~s to estabhsh clear and unambiguous regulabons pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ~deas and commercial ~nformabon. Applicability The C~ty Council recogmzes that s~gns are necessary for visual commumcat~ofl for public convemence, and that businesses and other activities have the r~ght to ~denbfy themselves by using signs that are ~nc~dental to the use on the premises where the s~gns are located. The Council here~n seeks to prowde a reasonable balance between the r~ght of a person to ~dent~fy h~s or her bus~ness or act~wty, and the rights of the public to be protected against wsual discord and safety hazards that result from the unrestricted prol~feret~on, Iocabon, and construction of s~gns. This Section w~ll ~nsure that signs are compabble with adjacent land 7-22 Umfled Development Ordinance 6/].3/03 C~ty of College Station, Texas Arbcie 7 General Development Standards Section 7 4. Signs uses and w~th the total v~sual enwronment of the commumty, m accordance w~th the Oty's Comprehensive Plan. 2. The Oty Councd finds that the rights of residents of th~s Oty to fully exercise thmr rights of free speech by the use of stgns contmmng non- commeroal messages are sub3ect to m~mmum regulation regarding structural safety and setbacks for purposes of traffic protecbon. The Oty Councd seeks herren to prowde for the reasonably prompt removal and d~sposal of such signs after they have served thmr purpose, and yet to avoid any Interference w~th Rrst Amendment freedoms, especially as to persons who are of hm~ted financial means. 2. The City Councd finds that ~nstances may occur ~n the apphcabon of th~s Section where strict enforcement would deprive a person of the reasonable use of a sign, or the reasonable utlhZatlon of a sign in connection w~th other related property r~ghts, and here~n provides for such persons to have the right to seek variances from the requirements of th~s UDO for good cause. The C~ty Councd finds that ~t ~s ~mperat~ve that enforcement offioals apply th~s Section as ~t ts written, ~n the ~nterest of equahty and fmr and ~mparttal apphcabon to all persons, and that the procedures to appeal a denial of a s~gn permit to the ZBA shall remmn the sole administrative means to obtmn any excepbon to the terms hereof. 3. The regulabons of this Section shall apply for developments within the zomng d~stncts hsted ~n Section 7.4.C, Summary of Permitted Signs. These regulabons only apply to speoal d~stncts w~th~n the Oty of College Stabon so far as ~s stated ~n the following Sections of thts UDO: a. Wolf Pen Creek District (WPC), Section 5.6.A. b, Northgate D~stncts (NG-1, NG-2, NG-3), Secbon 5.6.B. c. Corridor Overlay D~stnct (OV), Secbon 5.8.A. d. Krenek Overlay D~stnct (KO), Section 5.8.B. Per Ordinance No. 27S3 dated September 23~ 2004 7-23 Unified Development Ordinance 6/13/03 Oty of College Station, Texas ArUcle 7 General Development Standards Secbon 7 4 S~gns C. Summary of Permitted Signs The following signs are permitted ~n the relevant zomng districts of the City: Apartment~Condom~mum/ Manufactured Home Park [dentlficabon Signs Area Identification/ X Subd~ws~on Signs Attached S~gns Development S~gns i D~rectional Traffic Control S~gns Freestanding Signs Home Occupation S~gns XI Low Profile S~gns Non-Commercial Stgns Real Estate, Finance, and Construcbon S~gns Roof Signs Per Ordinance No. 2664 dated September 9, 2003 D. Prohibited Signs The following s~gns shall be prohibited In the C~ty of College Station: 2. Portable and trmler s~gns, and temporary freestanding s~gns. :2. Off-prem~se signs, ~ncludtng bdlboards, both commercial and non- commercial, except on C~ty of College Station property where there has been a determ~nabon and m~nute order of the C~ty of College Station C~ty Councd which finds that the display of the s~gn does as follows: a. Promotes a pos~twe ~mage of the C~ty of College Stabon for the attraction of bus~ness or tourism; b. Depicts an accomphshment of an individual or group; and c. Creates a pos~bve community sprat. Upon such order, the CRy of College Stabon can authorize, upon approved construction plans, the following: d. A sign on a C~ty of College Stabon water tower; e. An entrance s~gn to be located on C~ty of College Stabon property such that ~t ~s ws~ble from the Highway S~x East By-pass; or f. A s~gn to be located on C~ty rights-of-way. Smd sign shall be d~splayed for a period ordered by the C~ty Councd or as may be dec~ded by ~t from t~me-to-bme. 3. Signs pmnted on rooftops. 4. Inflated s~gns, pennants, wind driven dewses (excluding flags), tethered balloons, and/or any gas filled objects for advertisement, decoration, or otherwise, except as permitted ~n Secbon 7.4.0, Grand Opening S~gns and Secbon 7.4.T, Special Event S~gns. 7-24 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Article 7. General Development Standards Section 7 4. S~gns Per ordinance No. 2753 dated September 23t 2004 5. Vehicle s~gns except as permitted In Section 7.4.U, Vehicle S~gns. 6. Flags contmnmg copy or logo, excluding the flags of any country, state, city, or school, are prohibited in residential zones and on any residentially- developed property (except when flags are used as subdlwslon s~gns). 7. S~gns and d~splays w~th flashing, bhnkmg, or traveling lights, or errabc or other mowng parts, including electromc message boards that change more than once per 24-hour period, e~ther internal or external to the premise, and oriented and ws~ble to vehicular traffic, prowded that time and temperature s~gns are permissible ~f the maximum area and setback reqmrements of th~s Section are met and ~f the commeroal ~nformabon or content of such s~gns ~s restricted to no more than mght square feet. 8. Signs contmmng manual changeable copy or electromc reader boards which are greater than 30 percent of the allowable s~gn area. Per Ordinance No. 2753 dated September 23, 2004 9. Any s~gns that are intended to or designed to resemble traffic signs or s~gnals and bear such words as "stop", "slow", "caubon", "danger", "warmng", or other words, and that are erected for purposes other than actual traffic control or warmng to the public. 10. Any sign located within the s~te triangle ~n any d~stnct as stated In Article 7.1.C, V~s~bdlty at Intersections In all D~strlcts. This does not include traffic control or d~recbonal s~gns. 11. Any s~gn that emits sound, odor, or ws~ble matter. :!.2. Commeroal banners ~n all d~strlcts, except as permitted In Section 7.4.0, Grand Opening S~gns and Section 7.4.T, Special Event S~gns. Per Ordinance No. 2753 dated September 23, 2004 Exempt Signs The following s~gns are exempt from the requirements of th~s UDO: 1. S~gns that are not easily ~dentlfled from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right-of-way, as determined by the Adm~mstrator. Such signs are not exempt from the safety regulabons contained here~n and m City Building and Electrical Codes; Per Ordinance No. 2753 dated September 23~ 2004 2. Offioal nobces posted by government officials ~n the performance of their dubes: government s~gns controlling traffic, regulating public conduct, ~dent~fying streets, or warmng of danger. Bulletin boards or Ident~ficabon s~gns accessory to government buildings or other buildings are subject to the prows~ons of this UDO; 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect, condition, or other hazard to the public; 4. Non-commercial s~gns on private property or works of art that ~n no way ~denbfy or adverbse a product or business, or by thmr location and placement ~mpede traffic safety, except as stated in Secbon 7.4.R. Non- Commercial and Political S~gns; Per Ordinance No. 27S3 dated September 23, 2004 7-25 Umfied Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 7 General Development Standards Sechon 7 4 Signs S. Temporary decorations or d~splays, ~f they are clearly ~nc~dental to and are customarily and commonly associated w~th any national, local, or religious celebration; 6. Temporary or permanent signs erected by public utilities or construction compames to warn of the location of p~pelines, electrical condu~ts, or other dangers or cond~bons ~n public rights-of-way; 7. Non-Commercial S~gns carried by a person and not set or affixed to the ground, that ~n no way ~dent~fy or advertise a product or business, or by their Iocabon and placement ~mpede traffic safety. Per Ordinance No. 2664 dated September 9t 2003 Per Ordinance No. 2753 dated September 23, 2004 8. Commercial S~gns carried by a person and not set on or afffixed to the ground, prowded that the s~gn ~s temporary, on-premise, and not used by the person on the premises for more than three (3) consecubve days, more than four (4) bmes per calendar year. Per Ordinance No. 2753 dated September 23~ 2004 9. Outdoor adverbs~ng d~splay s~gns for sponsors of charitable events held on pubhc properties. These s~gns may be displayed for the durabon of the event or not more than three days w~th approval of the C~ty Manager; and 20, Flags used as pol~bcal symbols. ~2. Special D~str~ct Tdenbficat~on S~gns, as defined by Article/.1.2 Terms, that ~n no way advertise a product or a bus~ness, or by their location and placement ~mpede traffic safety. Special D~strlct Tdentlficabon Signs must be approved by the appropriate Board or Committee. Per Ordinance No. 2753 dated September 23~ 2004 7-26 Unified Development Ordinance 6/:!.3/03 City of College Station, Texas Article 7. General Development Standards Section 7 4. S~gns Sign Standards The following table summarizes the s~gn standards for the City of College Stabon: Apartment/Condom~nlu m/Hanufactu red Home Park [denbflcat~on S~gns Area Idenbficat~on S~gns Attached S~gns ~00 16 10 4 10 10 Development S~gns Res~denbal / Collector Street Arterial Street Freeway (As designated on Thoroughfare Plan D~rect~onal Traffic Control S~gns Varies, see 7.4 ! below Not to exceed 1 foot from top of wall, marquee° or parapet to which ~t ~s attached 35 65 15 2OO 3 4 10 1/frontage 1/10-50 acre subdivision or phase Any number allowed ff w~thln the total allowed square footage of attached s~gns 4 1/premises Freestanding S~gns Vanes, see 7 4 M below Home Occupation S~gns Not to exceed 2 top of wall to ___ 1/dwelhng unit which ~t ~s attached 60 4 10 10 10 16 32 Low Profile Signs (In heu of permRted Freestanding S~gn) Real Estate, Finance, and Construction S~gns Up to 150-foot frontage Greater than 150-foot frontage 1/curb cut 1/braiding plot where lot exceeds 75 feet of frontage 1/150 feet of frontaqe * 1/frontage (Real Estate) 1/property (Rnance) 3/property (Constructmn) 1/braiding plot ~n place of a freestanding s~gn 10 feet above structural roof Determined by frontage. Same as freestanding Max. 100 s.f. Roof S~gns --- 1/primary subdivision Subd~ws~on S~gns 150 15 10 entrance. Not to exceed 2 s~gns. * Except as prowded for ~n Section 7.4.N.10, Freestanding Commercial Signs. ** The area of a sign is the area enclosed by the mlmmum imaginary rectangle or vertical and horizontal lines that fully contmns all extremities (as shown m the dlustration below), exclusive of supports. Per Ordinance No. 2681 dated November 25, 2003 Per Ordinance No. 2753 dated September 23, 2004 7-27 Unified Development Ordinance 6/13/03 Oty of College Station, Texas Article 7. General Development Standards Section 7.4. S~gns Per Ordinance No. 2681 dated November 25, 2003 Area Xdentlflcatlon and Subdivision Signs 1. Area Identificabon Signs shall be permitted upon private property in any zone to Identify mulbple-lot subd~ws~ons of 10 to 50 acres In s~ze and subject to the requirements set forth ~n Secbon 7.4.F, S~gn Standards above. Area Identification S~gns may also be used w~thln a large subd~ws.on to ~dentify d~stlnct areas w~th~n that subd~ws~on, subject to the requirements ~n Secbon 7.4.F, S~gn Standards above. 2. Subd~ws~on S~gns shall be permitted upon private property in any zone to ~dent~fy subd~ws~ons of greater than 50 acres, subject to the reqmrements set forth In Secbon 7.4.F, S~gn Standards above. :3. Both Area Ident~ficabon and Subdw~s~on S~gns must be located on the premises as ~denbfied by a prehmmary or master preliminary plat of the subdlws~on. Subdivision S~gns w~ll be permitted only at major Intersecbons on the perimeter of the subdw~s~on 0ntersecbon of two collector or larger streets). At each ~ntersecbon e~ther one or two Subd~wslon Signs may be permitted so long as the total area of the signs does not exceed 1S0 square feet. Flags may be ut~hzed ~n place of a Subd~wslon Tdentlficabon S~gn, but the overall height shall not exceed 20 feet and 25 square feet m area m a residential zone and 35 feet In height and 200 square feet ~n area ~n ~ndustnal or commercial d~stncts. 4. Subd~ws~on markers of no more that one square foot ~n area and used in conjunction w~th a subd~ws~on or area ~denbficabon s~gn are permitted attached to architectural elements w~th~n the subdw~s~on. 5. ~nd~rect lighting ~s permissible but no opbcal effects, mowng parts, or alternabng, erratic, or flashing hghts shall be permitted. Landscaping valued at 2S0 points shall be installed around each Subdlws~on S~gn. Adequate arrangements for permanent mmntenance of all signs and any landscaping m con,luncbon with such s~gns shall be made, which may be through an owners association ff one exists or is created for this purpose. 7-28 Unified Development Ordinance 6/13/03 Oty of' College Station, Texas Article 7 General Development Standards Section 7.4. Signs 6. All s~gns shall be setback as shown ~n Section 7.4.F, S~gn Standards above except ~n areas where a Pnvata [mprovement ~n Public R~ght-of-way permit has been ~ssued. Apartment/Condominium/Manufactured Home Park 1-dentificatlon Signs 1. One Apartment/Condomlnlum/Hanufactured Home Park [denbficat~on S~gn may be located at a primary entrance on each frontage to a pubhc road. Per Ordinance No. 2753 dated September 23, 2004 2. The maximum area allowed for each frontage may be d~v~ded among two s~gns ~f those s~gns are s~ngle s~ded and mounted at a s~ngle entrance. Per Ordinance No. 2753 dated September 23, 2004 3. An Apartment/Condom~mum/Hanufactured Home Park I'denbflcat~on S~gn may be e~ther an attached s~gn or a freestanding monument s~gn. It shall be placed upon the pnvate property of a particular multl-famdy project ~n the appropriate zone as estabhshed ~n Section 7.4.C, Summary of Permitted S~gns subject to the requirements set forth ~n Secbon 7.4.F, Sign Standards above; The ApartmenrJCondom~mum/Manufactured Home Park Tdent~ficabon Sign shall hst the name and may hst the faoht~es avmlable and have leasing or sales ~nformabon ~ncorporated as a part of the s~gn; An apartment or condominium project must have a m~mmum of 24 dwelhng umts to quahfy for an ~dentlficabon s~gn; Indirect hghbng ~s permissible, but no opbcal effects, moving parts, or alternating, errabc, or flashing lights or dewces shall be permitted; and Any manufactured home parks ex~sbng at the brae of th~s UDO that are non-conforming may still ubhze an Idenbficatlon s~gn meebng the prows~ons of th~s Section and Secbon 7.4..F, S~gn Standards above. '. Attached Signs 1. Attached S~gns are commercial s~gns under th~s Secbon. 2. Attached S~gns on any commercial budding or tenant lease space shall not exceed a total of two and a half (2.5) square feet per hnear foot of all pubhc entry facades, w~th a maximum of 500 square feet of attached s~gnage allowed for any one tenant. Mulb-story businesses w~ll be allowed 100 square feet of add~bonal attached s~gnage. Per Ordinance No. 2664 dated September 9, 2003 Per Ordinance No. 27S3 dated September 23, 2004 3. The d~wslon of allowable budding s~gnage amongst budding tenants shall be the sole respons~b~hty of the owner or property manager, and not the Oty of College Stabon. 4. Signs attached to features such as gasohne pumps, automabc teller machines, mini/package drop boxes, or s~m~lar on-s~te features, ~f ~dentifiable from the right-of-way, as determined by the Adm~mstrator, shall count as part of the allowable s~gn area of the attached s~gns for the s~te. [nformabon contained on such features pertmnlng to federal and state requirements, and operabon/safety ~nstructions are not counted. All other s~gnage on such features shall count towards the allowable attached sign area. Per Ordinance No. 2753 dated September 23, 2004 7-29 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 7 General Development Standards Section 7 4 Signs S, Architectural elements, whtch are not part of the sign or logo and ~n no way ~dentlfy the specific business tenant, shall not be considered attached s~gnage. Per Ordinance No. 2753 dated September 23t 2004 An attached s~gn: a. Shall advertise only the name of, uses of, or goods or services avmlable w~th~n the building or tenant lease space to which the s~gn ~s attached; Per Ordinance No. 2753 dated September 23, 2004 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 budding face, mansard, awning, or canopy; e. Shall not obstruct any w~ndow, door, stmrway, or other opening ~ntended for regress or for needed ventdat~on or hght; and f. Shall not be attached to any tree or pubhc ubhty pole. Development Sign 1. A Development S~gn may be placed only on private property subject to the requirements m Secbon 7.4.F, S~gn Standards above. 2. A Development Stgn for a building project shall be removed ~f the project has not received a Budding Permit at the end of twelve months. The Admtmstrator may renew the s~gn permit for one add~bonal twelve-month period upon request. Once a Budding Perm.t for the project ~s recewed, the sign may stay in place unUI 75 percent of the project ~s leased or a permanent s~gn Is ~nstalled, whichever comes first. A Development S~gn for a proposed subd~ws~on shall be removed ~f a Prehm~nary or Final Plat has not been approved by the end of twelve months. The Adm~mstrator may renew the S~gn Permit for one add~bonal twelve-month period upon request. Once a plat has been approved, the Sign Permit ~s valid as long as a Prehm~nary Plat Is In effect, or ~n the absence of a vahd Prehmlnary Plat, for 24 months from the date of approval of a Rnal Plat. K. Directional Traffic Control Sign 1. D~rect~onal Treffic Control Signs may be utilized as traffic control dewces m off-street parking areas subject to the reqmrements set forth ~n Secbon 7.4.F, S~gn Standards above. 2. For multiple lots sharing an access easement to pubhc right-of-way, there shall be only one directional s~gn located at the curb cut. 3.Logo or copy shall be less than 50% of the s~gn area. 4. No D~recbonal Traffic Control S~gn shall be permitted w~th~n or upon the right-of-way of any pubhc street unless ~ts construction, design, and Iocabon have been approved by the C~ty Traffic Engineer. Flage One freestanding corporate flag per premise, not to exceed 35 feet ~n height or 100 square feet ~n area, ~s allowed ~n multl-famdy, commercial, and ~ndustnal d~strlcts. 7-30 Umfied Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Article 7 General Development Standards Secbon 7.4. Signs 2. Flags used solely for decoration and not contmn~ng any copy or logo and located only In multi-family, commercial, and industrial d~stncts or developments are allowed w~thout a permit. In mult~-famdy developments, such flags will be restricted to 16 square feet In area. Tn all permitted zomng districts such flags will be restricted to 30 feet ~n height, and the number shall be restricted to no more than 6 flags per building plot. 3. Flags contalmng commercial copy or logo, excluding the flags of any country, state, c~ty, school, or church are prohibited in residential zones and on any res~denbally developed property (except when flags are used as Subd~ws~on S~gns). Freestanding Commercial Signs 1. Any development w~th over 75 hnear feet of frontage wdl be allowed one Freestanding Commercial Sign. All Freestanding Commercial Signs shall meet the following standards: a. Allowable Area 0-75 76-100 101-150 151-200 201-250 251-300 301-350 351-400 401-4S0 451-500 501-550 551-600+ b. Area: For the purposes of this Low Profile only 5O 75 100 125 150 175 200 225 250 275 3OO Secbon, area shall be considered: The area ~n square feet of a s~ngle-face sign, or one side of a double- face s~gn, or half the s~des of a mulb-face s~gn. Per Ordinance No. 2681 dated November 25, 2003 c. Frontage (:1)For the purposes of th~s Section, frontage shall be considered the number of feet fronbng on a pubhc street to which a s~gn Is oriented. (2)On corner lots, the frontage street shall be the greater street as classified on the thoroughfare plan. Where the two streets are classified the same, the apphcant may choose the frontage street. d. Allowable Height The allowable height of a Freestanding Commercial S~gn is determined by measuring the distance from the closest point of the s~gn to the curb or pavement edge and d~wd~ng this distance by two. No Freestanding Commercial S~gn shall exceed 35 feet ~n height. (:1)For the purposes of th~s Secbon, height of a s~gn shall be measured from the elevabon of the curb or pavement edge. 7-31 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7. General Development Standards Sectzon 7 4 Signs (2)For the purposes of this Section, the distance from curb shall be measured m feet from the back of curb or pavement edge to the nearest part of the s~gn. 2. Freestanding Commercial S~gns are allowed only on developed commercial property estabhshed In the appropriate zones as set forth m Secbon 7.4.C, Summary of Permitted S~gns. One freestanding s~gn shall be allowed ~n the A-P zone only when the premise has a m~mmum of two acres, subject to the requirements set forth ~n Secbon 7.4.F, Sign Standards. One Low Profile S~gn shall be allowed ~n the A-P zone when the premise has less than two acres sub.lect to the requirements set forth ~n Secbon 7.4.F, S~gn Standards, above. 3. A premise w~th less than 75 feet of frontage shall be allowed to use one Low Profile S~gn. 4. A premise w~th more than 75 feet of frontage shall be allowed to use standards for one Freestanding Commercial S~gn located ~n Secbon 7.4.F, S~gn Standards, rather than one Low Profile S~gn. 5. A premise w~th more than 150 feet of frontage shall be allowed to use one Freestanding Commercial S~gn or any number of Low Profile S~gns as long as there ~s a m~mmum separabon between s~gns of 150 feet. In heu of one Low Profile Sign every 150 feet, hospital uses may have one Iow profile s~gn located at each driveway. Per Ordinance No. 27S3 dated September 23, 2004 6. Premises with less than 75 feet of frontage may be combined in order to utd~ze s~gnage corresponding to the resulbng frontage as described ~n the preceding two paragraphs. 7. No more than one Freestanding Commercial Sign shall be allowed on any premises except when the s~te meets one of the following sets of criteria: a. The budding plot, as recogmzed on an approved Plat or Site Plan, must be 25 acres or more m area w~th at least 1,000 feet of continuous unsubd~wded frontage on any ma]or arterial street or h~gher (as classified on the Thoroughfare Plan) toward which one additional Freestanding Commercial S~gn may be d~splayed (see d~agram below); or Per Ordinance No. 2664 dated September 9, 2003 7-32 Unified Development Ordinance 6/).3/03 City of College Station, Texas Article 7. General Development Standards Section 7.4. Signs 0, ,SIGN o o SIGN 25 Acre Minimum property line b. The Bmld.ng Plot, as recogmzed on an approved Plat or S~te Plan, must be 15 acres or more In area w~th at least 600 feet of continuous unsubd~wded frontage on any ma]or arterial street or higher or h~gher (as classified on the Thoroughfare Plan) toward which the add~bonal Freestanding Commercial S~gn may be d~splayed, and the site must have frontage on at least two streets classified as a m~nor arterial or greater on the Thoroughfare Plan. Per Ordinance No. 2664 dated September 9t 2003 minor artedal or greater atmet I .1 I [~: II 16 Acm Minimum I r I/I ..... - - - 8. Any sign where two or more panels have separate supports extending to them shall be considered to be more than one Freestanding Commercial S~gn, even where only one main support extends to the ground. 9. Sites w~th hm~ted or no street frontage, due to a prohferatlon of pad sites, that are not contained within the building plot, as defined by the Adm~mstretor, and are fronting along a street classified as a collector or 7-33 Unified Development Ordinance 6/J. 3/03 Oty of College Station, Texas Article 7. General Development Standards Section 7.4 Signs greater on the Thoroughfare Plan, wdl be allowed the area of the s~gn to be less than or equal to the square of one-s~xth of the d~stance from the closest portion of the s~gn to the curb or pavement edge, w~th the maximum area not to exceed 200 square feet. 3.0. Any s~te defined as a s~ngle budding plot, and contmning one or more pad s~tes, shall be permRted to erect a Freestanding Commercial S~gn m accordance with Secbon 7.4.N, Freestanding Commercial S~gns, and to the standards of Section 7.4.N.1.a, Allowable Area, w~th the maximum area not to exceed 200 square feet. In addition, each pad s~te wdl be permitted to erect one Low Profile S~gn per pad s~te according to the restrictions of 7.4.F, S~gn Standards. Fuel Price Signs Fac~htles w~th fuel sales will be allowed one add~bonal s~gn for the purposes of fuel pricing, e~ther freestanding or attached, per premises. 3.. The area of the fuel price s~gn shall not exceed 16 square feet. 2. Fuel pricing may be ~ncorporated Into the allowable square footage of a Freestanding Commercial S~gn or Attached S~gn. 3. Th~s sign shall follow the setback reqmrements for a Freestanding Commercial S~gn and shall not be located w~th~n the right-of-way. Per Ordinance No. 2753 dated September 23, 2004 O. Grand Opening Signs .. Flags, commercial banners, and balloons, which advertise a bus~ness's grand opemng, may be d~splayed for one consecutive 14-day period, selected by the bus~ness owner, w~th~n 60 days of the granting of the Imbal Certificate of Occupancy, a change ~n the use, or of a change In the name of the bus~ness. A permit ~s reqmred. 2. A Commercial Banner: a. Shall advertise only the name of, uses of, or goods or services avmlable within the building, or tenant lease space, to which the s~gn ~s 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 braiding face, mansard, awmng, or canopy; e. Shall not obstruct any w~ndow, door, stmrway, or other opemng Intended for ~ngress or for needed venblatlon or hght; and f. Shall not be attached to any tree, fence or pubhc utility pole. Per Ordinance No. 2753 dated September 23, 2004 Home Occupation Signs A person having a legal home occupabon may have one sign on the budding or porch of a residence. 3.. The s~gn may contain only the name and occupation of the resident; 2. It shall be attached d~rectly to the face of the budding or porch; 7-34 Umfied Development Ordinance 6/~.3/03 C~ty of College Stabon, Texas Article 7. General Development Standards Section 7 4 Signs 3. Zt shall not exceed two square feet ~n area, shall not be dlum~nated ~n any way, and shall not project more than 12 ~nches beyond the braiding; 4. No display of merchandise or other forms of commercial commumcat~on shall be allowed w~thm a residential area, unless same are ~n existence prior to the adopbon of th~s UDO In connection w~th a use that ~s presently a lawful non-conforming use w~th~n the d~stnct; and $. Such a non-conforming s~gn may be mmnta~ned untd the non-conforming use of the building ceases, subject to the requirements for mmntenance here~n. D~scont~nuance of the use of such a sign for more than three months shall prevent future use, even ~f the non-conforming use of the premises ~s continuous. Non-Commercial and Political Signs Th~s Section does not regulate the s~ze, content, or location of non-commercial signs except as follows: No commercial message shall be shown on any non-commercial s~gn. 2. No non-commercial s~gn: a. May be located w~th~n pubhc road right-of-way of the State of Texas; b. Play be located off the premises of the property owner who ~s dasplay~ng the s~gn; c. Play be located within any s~ght d~stance triangle as defined ~n Section 7.1.C, Wsiblllty at Intersections ~n All D~stncts, or where determaned by the Administrator as a location that would hinder Intersection ws~bd~ty. Th~s provision Is necessary to avoid clutter, prehferat~on, and dangerous d~stract~on to drivers caused by close proximity of such s~gns to automobile traffic, to avoid damage to automobdes which may leave the paved surface mtantlonally or by accident, and to avoid the necessity for pedestrians to step ~nto the roadway to bypass such s~gns. No regulatory alternative exists to accomphsh th~s pohce power obhgat~on. In the event that any non-commercial s~gn as located in a public right-of- way of the State, the CRy shall remove it. Real Estate/Finance/Construction Signs :!.. One Real Estate Ssgn not exceeding 16 square feet in total area (exclusive of stakes and posts) may be erected at any t~me whde a property ~s offered for sale or lease to the pubhc. Properties w~th a minimum of 150 feet of frontage shall be allowed one Real Estate S~gn not exceeding 32 square feet ~n total area. Properties w~th a m~n~mum of two acres and frontage on two streets shall be allowed one real estate sagn on each frontage street w~th the area of the s~gn to be determined by the amount of frontage as stated above. :2. One Finance S~gn and three Construction S~gns (for a total of four signs), not exceeding 16 square feet In total area each (exclusive of stakes and posts) may be erected once a budding permit has been assued on a property. Properties w~th a minimum of ten acres and 1,000 feet of frontage shall be allowed one Finance S~gn and three Construction Signs not exceeding 32 square feet an total area each. 3. Real Estate, F~nance, and Construction Signs may be e~ther attached or freestanding and only those visible from the street are hm~ted ~n number. 7-35 Unff~ed Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 7 General Development Standards Section 7.4. S~gns 4. All such signs shall be mmntmned by the persons ~n control of the premises so as to remmn erect and ~n good repair. Such s~gns shall be removed by the property owner or other person ~n control of the premises ff they are damaged, broken, or ~ncapable of remalmng erect. S. Such s~gns must be removed by the owner or person ~n control of the premises when either the property has sold or been leased and/or when performance under the construction contract or subcontract (~n the case of Construction S~gns) has been completed. In all cases, F~nanc~ng and Construction S~gns shall be removed prior to ~ssuance of a Certificate of Occupancy. Roof Signs 1. S~gns mounted to the structural roof shall be regulated as Freestanding Commercial S~gns. 2. Painted or applied roof s~gns are prohibited. Special Event Signs 1. A s~gn adverbsmg or announcing a Special Event, as defined ~n Chapter 4, Secbon 4.B.5 of the Code of Ordinances, ~s permRted as a part of the Special Event L~cense and shall be hmlted to the property holding the event. 2. The Special Event S~gn ~s allowed up to 14 days prior to the event and must be removed w~thm 24 hours of the end of the event. Per Ordinance No. 2753 dated September 23, 2004 U. Vehicle Signs 1. S~gns that are d~splayed on motor vehicles that are being operated or stored ~n the normal course of a business, such as s~gns ~nd~catmg the name or the type of bus~ness, excluding all banners, that are located on moving vans, dehvery trucks, traders or other commercial vehicles are permitted; but only ff the primary purpose of such vehicles ~s not for the d~splay of the signs thereon, and only If such vehicles are parked or stored ~n areas appropriate to their use as commercial or dehvery vehicles, such as service areas or locations close to the bus~ness budding away from pubhc treff~c areas. 2. Signs or advertisements permanently attached to non-commercial vehicles, excluding all banners, are permitted. V. Signs for Conditional Uses 3.. S~gns for Cond~bonal Uses shall comply w~th the regulations for the zomng district ~n which the Conditional Use ~s permitted. 2. S~gns for Cond~bonal Uses m resldenbal or agricultural zomng d~stncts shall comply w~th Section 7.4.F S~gn Standards, ~Low Profile S~gns." Per Ordinance No. 2664 dated September 9, 2003 Signs for Permitted Non-residential uses in Residential or Agricultural Dlstrlcte Signs for non-residential permitted uses ~n resldenbal or agricultural zoning d~stncts shall comply w~th Secbon 7.4.F S~gn Standards, ~Low Profile Signs." Per Ordinance No. 2664 dated September 9, 2003 7-36 Umfled Development Ordinance 6/13/03 City of College Station, Texas Article 7 General Development Standards Section 7.5. Landscaping and Tr~e Protection Abandoned, Damaged, or Unsafe Signs 1. The prows~ons of this Section shall apply when In conflict w;th the prows~ons of the Budding Code; but where the prowsions of both ordinances are consistent, the enforcement of e~ther shall be permissible and remedies or penalties cumulative; 2. Non-conforming s~gns that have become deteriorated or damaged to an extent that the cost of the reconstruction or restorer,on of such s~gns ~s m excess of 50 percent of ~ts replacement value excluswe of foundations, wdl be required to be removed or brought Into full comphance w~th the current s~gn regulations; 3. All abandoned s~gns and their supports shall be removed w~th~n 60 days from the date of abandonment. All damaged s~gns shall be repmred or removed within 60 days. The Adm;mstrator shall have authority to grant a 30-day t~me extens;on where he determines there ~s a reasonable necessity for same; and 4. D~sconbnuance of use or removal of any non-conforming s~gn or any s~gn ~n connecbon w~th a non-conforming use shall create a presumption of intent to abandon smd s~gn. A non-conforming sign that is damaged and not repmred w~th~n 60 days shall be presumed to be abandoned. Signs In the Extraterritorial 3urlsdlction All off-premise and portable signs shall be prohibited within the Extraterritorial 3unsdlctlon of the CRy of College StaUon. 7.5 Landscaping and Tree Protection A. Purpose and Zntent The purpose and Intent of this Section Is to regulate the manner In which land In the City Is used and developed, to minimize adverse effects on surrounding property owners or the general public, and ensure that high quality development is maintained throughout the community. For the purpose of landscaping, College Station, Texas falls w~thln Zone 8 of the USDA Hardiness Zone Map. Dwarf plants will not be allowed in required screening or buffer areas. Application of Section The landscaping requirements of th~s Section apply to all land located In the C~ty of College Station proposed for s~te development wRh the exception of those zoned NG-1, NG-2, and NG-3. The requirements also do not apply to single-family, duplex, or townhouse uses, except as follows: 1. The requirements of th~s Section have hm~ted apphcat~on to properties developed for duplexes, as follows: a. A minimum of 200 points of landscaping as calculated ~n this Section shall be pmwded for each new duplex unit. b. Where parking ~s provided ~n the front yard, an eight-foot landscaped setback shall be required between the property hne and the nearest side of the parking pad. Th~s eight-foot setback area must be landscaped and contmn a three-foot h~gh screen consisting of a continuous berm, hedge, or wall. In addition, an e~ght-foot landscaped setback shall be required between the dwelhng unit and the nearest side of the parking pad. 7-37 Umfied Development Ordinance 6/13/03 C~ty of College Stabon, Texas Article 7 General Development Standards Section 7 5 Landscaping and Tree Protection C. The maintenance and completion requirements of th~s Section also apply to duplex uses. Every development must employ an ~rr~gat~on system. All new plantings must be ~rngated. An Irngabon system shall be designed so that ~t does not negatively ~mpact existing trees and natural areas. Soaker hose and drip ~rngat~on system designs may be permitted as the Adm~mstrator deems appropriate. All planbngs must be ~n accordance w~th the College Stabon Plant L~st, or as deemed appropriate by the USDA for Zone 8 in their Hard~ness Zone Map. The plant hst ~s approved and amended as needed by the Adm~mstrator. The landscaping requirements of th~s Secbon shall apply to manufactured home parks, but not to ~nd~wdual manufactured homes on separate lots. All landscaplng/streetscap~ng requirements under th~s Secbon shall run w~th the land once the development has begun and shall apply against any owner or subsequent owner. The landscaping requirements of th~s Section apply to all unsubdw~ded property, ~mproved subd~wded lots other than s~ngle-fam~ly, duplex, or townhouse lots, and to other ~mproved lands where buildings or structures are being added or replaced within the C~ty. Each phase of a mulb-phase pro]ect shall comply w~th th~s Section. All plantings must be ~n accordance with the College Stabon Plant L~st, or as deemed appropriate by the USDA for Zone 8 in their Hard~ness Zone Map. The plant I~st ~s approved and amended as needed by the Adm~mstrator. Landscaping Requirements :L. The landscaping reqmrements shall be determined on a point basis by the following: a. Landscape Points required: 30 points per 1,000 square feet of site area; b. The mlmmum number of pmnts for any development ~s 800 points; c. Undeveloped floodplains may be removed from s~te s~ze calculabons; however, ex~sbng trees w~th~n that floodplain shall not be cla~med for points; and d. Pro,lects may be phased with the phase I~nes being drawn 20 feet beyond any new s~te amenity. The port~on left for subsequent phases shall be of developable s~ze and quality. 2. Pmnt values w~ll be awarded for any type of canopy tree, non-canopy tree, or shrub, prowded that the species cla~med for point credit are not I~sted on the Non-Point Tree L~st as prepared by the Adm~mstretor. All caliper measurements shall be :t2 inches above grade. a, Landscaping points are accrued as follows: Plant Material Points I'nstalled Size Caliper Accrued (per Plant) (l'nches) 7-38 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7. General Development Standards Secbon 7 5 Landscaping and Tree Protecbon Points Plant Material Accrued Installed Size Cahper (per Plant) (Inches) New Plantings 75 1,5 to 2 Canopy Tree 150 2.1 to :3.4 300 3.5 and larger Non-canopy Tree 40 1.25 and larger Shrubs 10 M~n. 5 gallon* Existing Trees with no Barricade Protection Area Canopy Tree 40 4 to 14.5 Non-canopy Tree 35 2 and larger Existing Trees Within Barricade Protection Area 300 Between 4 and 8 Canopy Tree 400 8 and larger 150 Between 2 and 4 Non-canopy Tree 200 4 and larger * Shrubs not used for screemng may be a m~mmum of [ gallon ~n s~ze and accrue 1 point per plant. b. TO receive landscape points for existing trees, all ex~sbng trees must be m good form and condition and reasonably free of damage by ~nsects and/or disease. c. To receive barricaded pmnts for ex~sbng trees, they must be barricaded one foot per cahper ~nch. A barricade detail must be provided on the landscape plan. Barricades must be ~n place prior to any actlwty on the property ~ncludlng, but not limited to, grading. If In any event the required barricades are not ~n place prior to any acbwty and maintained dunng construcbon, barncaded points wdl be forfeited. 3. One hundred percent coverage of groundcover, decorative pawng, decoret~ve rock, or a perenmal grass ~s required In parking lot ~slands, swales and drainage areas, and the parking lot setback unless otherwise landscaped or ex~sbng plants are preserved. One hundred percent coverage of groundcover or perenmal grass is also required ~n all unpaved porbons of street or highway right-of-way or on adjacent property that has been d~sturbed dunng construcbon. If grass ~s to be used for groundcover, 100% hve grass groundcover Is required whether by sohd sod overlay or pre-planbng and successful takeover of grasses. No point value shall be awarded for ground cover. Per Ordinance No. 2753 dated September 23, 2004 4. Every project must expend a m~mmum of 50% of ~ts point total on canopy trees. 5. For ex~stmg plantings, the Administrator may reqmre a health appraisal. 6. All new plantings must be ~rngated. An ~rngatlon system shall be designed so that ~t does not negatively Impact ex~stlng trees and natural areas. Soaker hose and drip ~rngat~on system designs may be permitted as the Admm~stretor deems apprepnate. 7. Add~bonal Point Credits a. A 10 percent point credit wdl be awarded where the ~mgatlon system employed ~s a recogmzed water-conserving system. 7-39 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Arbcle 7. General Development Standards Secbon 7.5. Landscaping and Tree Protecbon b. A 10 percent pmnt credit wdl be awarded If 25 percent or more of parking area consists of enhanced paving. c. A 10 percent point credit wdl be awarded for every one percent of s~te area devoted to speoal faoht~es ~nclud~ng water features, public art, or other pubhc features determined by the Adm~mstrator. All landscape materials shall be ~nstalled m accordance w~th the current planting procedures estabhshed by the most recent add~tmn of The American Standard for Nursery Stock, as pubhshed by the American Assooabon of Nurserymen. Landscaping must be reasonably d~spersed throughout all visible areas of the s~te. De Streetecape Requirements 1. The streetscap~ng reqmrements shall be determined along all major arterials, freeways, and expressways by the following: a. W~th~n 50 feet of the property line along the street, one canopy tree for every 25 linear feet of frontage shall be installed. Two non-canopy trees may be subsbtuted for each one canopy tree. b. Canopy and non-canopy trees must be selected from the College Stabon Streetscape Plant List and may be grouped as desired. c. One existing tree (minimum four-tach caliper) may be substituted for a new tree. Existing trees must be of acceptable health, as determined by the Admm;strator. 2. The streetscaping requirements shall be determined along all other roadways by the following: a. W~thm 50 feet of the property hne along the street, one canopy tree for every 32 feet of frontage shall be installed. Two non-canopy trees may be subsbtuted for one canopy tree. b. Canopy and non-canopy trees must be selected from the Administrator's Streetscape Plant L~st and may be grouped as desired. c. One existing tree (mm~mum four-tach cahper) may be substituted for a new tree. Ex~stmg trees must be of acceptable health, as determined by the Administrator. 3. Three hundred add~bonal landscape points shall be required for every 50 hnear feet of frontage on a right-of-way. Driveway opemngs, ws~bd~ty triangles, and other traffic control areas may be subtracted from total frontage. The add~bonal landscape points can be d~spersed throughout the s~te. 4. Driveways and areas located w~th~n a reqmred ws~bd~ty triangle shall be excluded from the streetscape requirements ~n paragraphs 1, 2, and 3 above. 5. Parktng areas adjacent to a right-of-way shall be screened from the right- of-way. Screemng ~s required along 100 percent of the street frontage (such as 10 shrubs for every 30 linear feet of frontage), w~th the exception of areas w~th~n the ws~bd~ty triangle. Screemng may be accomphshed using planbngs, berms, structural elements, or comb~nabons thereof, and must be a m~mmum of three feet above the parking lot pavement elevabon. Walls and planting strips shall be located at least two feet from any parking area. Where the street and the adjacent s~te are at d~fferent elevations, the Administrator may alter the 7-40 Umfled Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 7 General Development Standards Section 7,5, Landscaping and Tree Protection height of the screemng to ensure adequate screemng. Fifty percent of all shrubs used for screemng shall be evergreen. Dumpsters, concrete retaimng walls where more than s~x vertical ~nches of untreated concrete are ws~ble, off-street loading areas, utdlty connecbons, and any other s~te charactensbcs that could be considered wsually offensive must be adequately screened. Landscape/Streetscape Plan Requiremente When a Landscape/Streetscape Plan Is required, the landscape/streetscape plan shall contmn the following: a. The Iocabon of ex~sbng property hnes and d~mens~ons of the tract. b. A north arrow and scale. ¢. Topogreph~c ~nformat~on and final grading adequate to ~denbfy and properly specify planting for areas needing slope protection. d. Locabon and d~mens~ons of exlsbng and proposed structures, parking lots and drives, sidewalks, refuse d~sposal areas, fences, and other features as determined necessary by the Adm~mstretor. e. Location, s~ze, spread, type, and quanbty of all proposed landscaping and screening materials, along with common and botanical names. f. The Iocabon of ex~sbng and proposed ubht~es and all easements on or adjacent to the lot. g. An ~ndlcat~on of adjacent land uses, exisbng development and roadways. h. An ~rngabon system plan or a general note indicating that an ~rngat~on system to service all new plantings wdl be ~nstalled by a certified ~nstaller before a certificate of occupancy wdl be ~ssued. I. Landscape ~nformatlon (:[)Landscape points required for s~te and calculations shown ~n the landscape legend; (2)A legend showing the s~ze, type (canopy, non-canopy, shrub) and points clmmed for proposed landscaping; and (3)Location of landscape plants on plan ~dent~fied by a symbol defined ~n a landscape legend (see sample legend below). 7-41 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7 General Development Standards Section 7 5, La.Gs~ping and Tree Protecbon CW of College Station SAMPLE LEGEND LANDSCAPING POINT CALCULATIONS NAME POINT S_Y_MBD. L RIZF & TYPE ~ VALUE ~ C -% / BARRICADE FOR INDIDATED TREES TO lie CONSTRUCTED WITH 48' HIGH ORANGE PlaSTIC CON6TRUCTIO~ NEIi'ING ~N~ SECURED TO 6TEEL T-POSTS S~RRIC~DE TO 6E P~CED IN A CIRCLE AROUNC INDICATED TREES A I~Ol~l. DI6T~NCE OF 1' POR E~RY 1' C~LIFER O~ TREE ~RRIC~DE MUST lie IN PI~CE PRIOR TO ANY DEVELOPMENT ACTIVITY AS WELL AS THROUGHOUT THE CONSTRUCTION PROCESS STREETSCAPE (136 57' / 50) x 300 PTS = 820 PTS (136 57' 125) = 6 CANOPY TREES POINTS PER PROJECT AREA. 26,416 3 SQUARE FEET OF SITE AREA 26,416 311 000=2642 26 42 x 30 = 792 6 = 793 POINTS TOTAL POINTS REQUIRED 1,813 TOTAL POINTS PROPOSED 4,180 J, Streetscape Informabon (2) Streetscape points required for s~te and calculabons shown; (2)A table showing the sc~enbfic and common plant names, size, type (canopy, non-canopy, and shrub), and points clmmed for proposed streetscapmg; and (3)Location of streetscape plants on plan ~dentlfied by a symbol defined m a landscape legend (see sample legend above). k. The Iocabon and d~ameter of protected ex~st~ng trees claimed for either landscape or streetscape requirements, and an ~nd~catlon of how the applicant plans to barncade the ex~stlng trees from damage dunng construcbon. Barncadmg shall be subject to the following requirements: 7-42 Unified Development Ordinance 6/13/03 City of College Stabon, Texas Article 7. General Development Standards Section 7 5. Landscaping and Tree Protecbon (1)Prior to land development or redevelopment, or any construction thereof, the developer shall clearly mark all qualifying and s~gmflcant trees to be preserved; (2)The developer shall erect a fence around each tree or group of trees to prohibit the placement of debris or fill, or the parking of vehicles within the drip line of any quahfy~ng or sfgmficant tree; (3)Dunng construcbon, the developer shall prohibit the cleanmg of eqmpment or materials w~th~n the drip hne of any tree or group of trees that are protected and reqmred to remain. The developer shall not allow to d~spose of any waste material such as, but not hmlted to, paint, o~l, solvents, asphalt, concrete, mortar, or other harmful hqmds or materials w~th~n the drip line of any tree or groups of trees that are required to remain; (4)No attachments or w~res of any kmd shall be attached to any tree, except those used to stab~hze or protect such tree; (5)W~th grade changes ~n excess of s~x ~nches, a reta~mng wall or tree well of rock or brick shall be constructed around the tree not closer than one-half the d~stance between the trunk and the drip line. The m~d-po~nt of the reta,mng wall shall be constructed at the new grade. Grade changes greater than one ~nch may not be made w~thout the prior approval of the Adm~mstrator; and, (6)AIl vegetation must be planted ~n accordance with the wslbd~ty triangle referenced m Secbon 7.1.C, V~s~bd~ty at Intemecbons ~n all D~stncts. Maintenance and Changes 2. Landscaplng/Streetscap~ng shall be maintained and preserved ~n accordance w~th the approved Landscape/Streetscape Plan. Replacement of landscapmg/streetscapmg must occur within 45 days of notification by the Administrator. Replacement material must be of s~m~lar character and the same or higher point total as the dead or removed landscaping. Fadure to replace dead or removed landscaping, as reqmred by the Admlmstrator, shall consbtute a wolabon of th~s Secbon of the UDO for which the penalty prows~on may be ~nvoked. 2. Landscap~ng/Streetscaplng Changes to Ex~sbng S~tes a. [f changes const~tubng 25 percent or more of the number of canopy and non-canopy trees are proposed, a rewsed Landscape/Streetscape Plan must be submitted for approval and ~s required to comply w~th th~s Secbon. Planbng must occur pursuant to this approved landscape/streetscape plan w~th~n 45 days. h. Rewsed Landscape/Streetscape Plans shall meet the requirements of the ordinance ~n effect at the time of the revised Landscape/ Streetscape Plan submittal. c. The replacement of existing canopy and non-canopy trees must be replaced cahper for cahper, or as determined by the Adm~mstrator. Completion and Extension The Admlmstrator shall review all landscaping for complebon In comphance w~th th~s Section and the approved Landscape/Streetscape Plan. Landscaping/ streetscaplng shall be completed ~n comphance w~th the approved plan before a Certificate of Occupancy w~ll be ~ssued. However, the apphcant may receive an extension of four months from the date of the Certificate of Occupancy upon the approval of an apphcat~on for extension w~th a bond or letter of credit ~n the 7-43 Unified Development Ordinance 6/13/03 Oty of College Station, Texas Article 7. General Development Standards Secbon 7 6 Buffer Requirements amount of 150 percent of the landscape/streetscape b~d, as well as the ~rrigabon requfred for the project. Failure to complete the landscaping/ streetscap~ng according to the approved Landscape/Streetscape Plan at the exp~rabon of the bond or letter of credit shall constitute forfelbng the bond or cashing of the letter of credit. Also, fmlure to complete the approved landscap~ng/streetscap~ng shall consbtute a wolabon of th~s UDO. Review and Approval Landscape/Streetscape Plans shall be reviewed and approved by the Administrator. Parking, Storage, or Display No parking, storage, or d~splay of vehicles or merchandise shall be allowed In the reqmred landscape/streetscape areas or on required parking ~slands. Alternative Compliance Permitted Vanabons to the reqmrements of th~s Section may be approved ff the landscape/streetscape plan ~s sealed by a registered landscape architect and approved by the Admlmstrator. Such plans must show reasonable ewdence that the requirements as set forth ~n th~s Secbon were used as a grade. 7.6 Buffer Requirements A. Purpose The purpose of buffer requirements, which generally include a buffer yard, planbngs, and a fence or wall, ~s to prowde a wsual barrier between d~fferent zomng d~stncts and to help m~t~gate any negative ~mpacts of ad]acent land uses on developed or developing properties. A buffer should wslbly separate one use from another and shield or block no~se, glares, or other nuisances. B. Applicability 2. Perimeter buffers shall be prowded on budding plots abutbng developed (platted) or developing (in the process of platting) s~tes ~n accordance w~th the standards of this Section, as outhned in Secbon 7.6.F, M~mmum Buffer Standards. The following shall prowde buffers: a. Vacant sRes that develop; b. Exlsbng s~tes when add~bons, expansions, and/or redevelopments equal or are greater than 25% of the ex~stmg ~mprevements; c. Ex~sbng s~tes when cumulabve add~bons, expansions, and/or redevelopments total 25% or more of the exlsbng Improvements; d. Ex~stmg s~tes when a change of use ~ntenslfies the development ~n terms of elements such as traffic, processes, noise, water or mr pollubon, etc.; e. Ex~sbng s~tes w~th lawfully estabhshed non-conforming uses when the use ~s expanded; and f. Sexually-oriented businesses. 2. Excepbons to the terms of th~s Secbon wdl be made when: a. The adjlacent developed use ~s non-conforming; b. The adjacent developed use Is agricultural; ¢. The Land Use Plan designates the area as Redevelopment; d. The property ~s zoned p-IVlUD and the buffer requirement was determined through the rezonlng process; or e. Properties ~n NG and ADD d~stncts. 7-44 Umfled Development Ordinance 6/].3/03 C~ty of College Stabon, Texas Article 7 General Development Standards Section 7 6 Buffer Requ~rementa C. Relationship To Other Landscaping Standards All buffer requirements shall be included on a development's Landscaping Plan. Landscaping prowded to meet the buffer landscaping standards of th~s Secbon may not be counted towards meeting a pro]ect's landscape pmnt reqmrements. The area of a s~te dedicated to a perimeter buffer shall not be included ~n calculating a s~te's m~mmum landscaping point requirements. D. Location The buffer shall abut property boundaries shared w~th less ~ntense uses or zomng d~stncts as shown In Secbon 7.6.F, Minimum Buffer Standards. Tn the event that a property abuts a less ~ntense use and a less ~ntense zoning d~stnct, the more stnngent buffer shall be required along the shared boundary. E. Permitted Uses 1. A buffer yard may be used for passive recreabon or stormwater management. It may contain pedestrian, bike, or equestrian trails prowded that: a. No plant material Is ehm~nated; b. The total w~dth of the buffer yard ~s malntmned; and c. All other regulabons of th~s Secbon are met. 2. No active recreation area, storage of materials, parking, driveways, or structures, except for approved pedestrian, b~ke or equestrian trails and necessary ubhty boxes and equipment, shall be located w~th~n the buffer yard. 3. Pedestrian access through a perimeter fence or wall and buffer yard may be prowded at the abutbng resident's, homeowners assooat~on's, or the Adm~mstrator's opbon to provide convement pedestrian access to nonresidential uses such as commeroal areas or schools. F. Hinlmum Buffer Standards The buffer requirements are designed to permit and encourage flexibility in the w~dths of buffer yards, the number of plants required ~n the buffer yard, and opaque screens. Standard buffer requirements are depicted ~n the table below. ABUTF[NG PARCEL (Use more restncbve of the zon.ncj or the developed use.) DEVELOPZNG USE Single-family HultI-Famlly Non- (Claseiflcatlon) Resldentialt Residential* Residential S~nqle-famflyt N/A N/A N/A Mulb-Famlly* 10 (1) N/A N/A Office 10 (1) N/A N/A Commercial 15 (2) 10 (1) N/A ~ndustnal 25 (2) 15 (2) 5 SOB 50 * Includes duplexes. ? [ncludes manufactured homes, mobile homes, manufactured home parks, and townhouses [number] Depth of buffer yard (1) Fence (2) Wall 7-45 Umfied Development Ordinance 6/13/03 Oty of College Stabon, Texas Article 7 General Development Standards Secbon 7.6. Buffer Requirements Buffer Yards a. Buffer yards shall be measured from the common property line and may be located w~th~n estabhshed building setbacks. b. Where ubhty or drainage easements or other s~m~lar situations exists in the required buffer yard, the buffer yard may be reduced by the w~dth of the easement; however, an add~bonal 5 feet may be reqmred beyond the w~dth of the easement ~n these s~tuatlons to allow for the required planbngs and fence or wall. All new plantings and irngat~on shall be located outside of the easement. The Adm~mstrator has the d~scretlon to allow a required fence or wall w~th~n the easement. Plantings a. [fa fence or wall ~s not reqmred per the table above, the following plant~ngs shall be ~nstalled ~n the buffer yard: Per Ordinance No. 27S3 dated September 23, 2004 (1)A m~mmum of one 5-gallon shrub at a minimum of three feet ~n height per three hnear feet of landscaping buffer. (2)A m~mmum of one 2-~nch cahper canopy tree per 25 hnear feet of landscape buffer. b. [fa fence or wall ~s reqmred per the table above, the following plantings shall be ~nstalled ~n the buffer yard: Per Ordinance No. 2753 dated September 23, 2004 (1)A mlmmum of one 1.25-Inch cahper non-canopy tree per 15 linear feet of landscaping buffer. The Administrator may allow the subsbtut~on of a minimum of one 5-gallon shrub at a minimum of three feet m height per three hnear feet of landscaping buffer for the non-canopy tree requirement, or may require the substltubon to m~t~gate potential negabve Impacts of a development. (2)A m~mmum of one 2-~nch cahper canopy tree per 25 hnear feet of landscape buffer. c. All buffer yard landscaping areas not dedicated to trees or shrubs shall be landscaped w~th grass, ground cover, or other appreprlate landscape treatment ~n accordance w~th Section 7.5.C.3, Landscaping and Tree Pretectlon. d. Flay percent of all required shrubs within the buffer yard shall be evergreen. e. Plant materials shall show a variety of texture, color, shape, and other charactensbcs. Recommended buffer materials can be found In the College Station Plant L~st or m those hsted as appropriate for Zone 8 on the USDA Hardiness Zone Map. The arrangement of trees and shrubs m the buffer area shall be done m a manner that prowdes a wsual separation between abutting land uses. Shrubs shall be massed In rows or groups to achieve the maximum screemng effect. Irrigation ~s required for all new plantings. Ex~stmg vegetation may count toward the planting requirement ~f: (1)The vegetation ~s ~n good health and the landscaping plan verifies that ~t w~ll meet the plantings criteria hsted above (non-point trees may count towards a natural buffer); and 7-46 Umfied Development Ordinance 6/13/03 C~ty of College Station, Texas Ardcle 7. General Development Standards Section 7.6. Buffer Reqmrements (2)The vegetation ~s protected In accordance wRh Section 7.5.C.2.c, Landscaping and Tree Protection, of this UDO. I. Plantings wdl not be allowed to encroach ~nto a reqmred ws~bility triangle for a public or private right-of-way except as prowded for In Section 7.1.C, V~s~bd~ty at all Intersecbons m All D~stncts. Fences and walls a. Fences may be sohd wood or sohd wood accented by masonry, stone, EFIS (Exterior Rmsh Insulabon System), or concrete columns. Walls may be masonry, stone, EF[S, concrete, or a combination of these materials, and shall be flmshed on both s~des (fremlng not ws~ble). Walls and masonry columns for fences must meet the foobng standards prescribed by the Building Code for such structures. Per Ordinance No. 2753 dated September 23t 2004 b. Fences and walls shall be a m~mmum of s~x feet ~n height and a maximum of e~ght feet. Walls over s~x feet must obtmn a budding permit. When the adjacent property and the buffer yard are at different elevabons, the Adm~mstrator may require a greater fence or wall height to ensure adequate buffering. c. Fences and walls shall be placed w~th~n one foot of the common boundary hne when physically possible. In the event that there ~s a physical constrmnt that wdl not allow the construction of a fence on the common boundary hne (~nclud~ng, but not limited to, the existence of a creek, access easement, or ex~stmg vegetabon), the Administrator may authorize an alternative fence Iocabon. d. Fences or walls wdl not be allowed to encroach into a required ws~bd.ty triangle for a pubhc or private right-of-way. Substitutions a. Ex~sbng natural vegetabon may be used ~n lieu of planbngs and a fence or wall under the following c~rcumstances: (:[)The ex~stmg vegetation consists of canopy and non-canopy trees which are shown through a tree survey to meet the minimum buffer planbng reqmrements (non-point trees may be considered) and ~s of sufficient density to prowde 100 percent opacity to a height of s~x feet; and (2)The vegetabon ~s protected m accordance wRh Secbon 7.5.C.2.c, Landscaping and Tree Protection, of th~s UDO. b. Fences and walls may be subsbtuted with a sohd plant or hedge wall that Is greater than s~x feet In height w~th approximately 100 percent opacity. All shrubs planted for a hedge wall must be a m~nlmum of 15 gallons each. The sohd plant or hedge wall must be evergreen and may not be counted towards meebng the buffer planbng reqmrement. c. Fences and walls may be substituted w~th a landscaped earthen berm ff the comb~nabon of berm and landscaping ~s not less than s~x feet ~n height from the elevation at the property hne w~th approximately 100% opacity. The berm plantings must be evergreen and may not be counted towards meeting the buffer planting requirement. Berms must be a m~mmum of four feet ~n height w~th a maximum slope of 3:1. Berms In excess of s~x feet ~n height shall have a maximum slope of 4:1 as measured from the exterior property hne. d. The required height of fences or walls may be reduced ff used m comb~nabon w~th an earthen berm or a landscaped earthen berm tf the 7-47 Unified Development Ordinance 6/J.3/03 CRy of College Station, Texas Article 7 General Development Standards Secbon 7 7. Sohd Waste height of the screemng ~s six feet from the elevation at the property hne with approximately 100 percent opacity. The berm plantings must be evergreen and may not be counted towards meebng the buffer planting requirement. Walls may be subsbtuted with fences ff the required buffer yard area and planbngs are doubled. Per Ordinance No. 2753 dated September 23, 2004 Walls and fences may be omitted ~f the required buffer yard area and plantings are tripled. Per Ordinance No. 2753 dated September 25, 2004 7.7 G. Maintenance and Replacement Upon Installabon or protecbon of requ;red landscape matenals, appropriate measures shall be taken to ensure their conbnued health and maintenance. Required landscape areas and buffers shall be free of garbage and trash, weeds, pests, and d~sease. Required plant materials that do not remmn healthy shall be replaced consistently w~th these provisions. 2. All landscaping materials and/or fences, walls, or berms shall be mmnta~ned by the owner(s) of the property that was required to Install such landscaping materials and/or fences, walls, or berms under th~s Section. Any canopy tree removed or otherwise destroyed by the wdlful act or neghgence of the property owner, tenant, or contractor shall be replaced by a tree of the same or larger caliper. H. Appeals 1. Appeals of the terms of th~s Section, w~th the exception of Section G, Maintenance and Replacement, shall be to the Design Review Board (DRB). 2. An appeal shall be made w~thln 30 days of the date of the nobficat~on of the decision by filing w~th the Adm~mstrator a nobce of appeal specifying the grounds thereof. The DRB may authorize on appeal alternative buffer standards for a specific property or a wmver to the Buffer Requirements of th~s Section when such standards or variance wdl not be contrary to the pubhc Interest where, owing to umque and special conditions not normally found In hke areas, a strict enforcement of the provisions of the ordinance by the Administrator would result m unnecessary hardship, and so that the spent of th~s Section shall be observed and substantial justice done. Solid Waste A. Purpose It ~s the purpose of th~s Section to establish the guidelines for the provision of sohd waste collecbon in all developments w~th~n the C~ty of College Station where curb servme wdl not take place, In order to: :L. Provide for the safe and efficient collection and removal of waste from commercial and residential developments; and 2. Reduce nuisances associated w~th waste collection containers. B. Responsibility 7-48 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7 General Development Standards Section 7 8 Drainage and Stormwater Management The C~ty shall make the final determination as to the appropriate collection system; however, ~t Is the respons~bd~ty of the developer to ascertmn the appropriateness of the proposed collecbon system. Staff w~ll endeavor to accommodate apphcants to the extent equipment, efficiency, and pohcy allow. Minimum Requirements tn all cases, the following reqmrements shall be held as m~mmum: All dumpsters shall be screened. Screemng shall be at least as tall as the dumpster(s) and may be achmved through the use of buildings, fences, or walls. Plant materials may be used to supplement required screening. 2. Multi-family developments shall prowde the required pad and screemng for one e~ght-yard dumpster per sixteen dwelling umts. 3. S~ngle-famlly developments w~th a lot w~dth of less than 50', not served by approved, accessible alleys, shall prowde the required pad and screening for one e~ght-yard dumpster per sixteen dwelhng umts. 4. The ~ntenor clearance (ms,de the screen) dimensions for a s~ngle 300- gallon contmner enclosure shall be 10 feet deep x 10 feet w~de. S. The ~nterlor clearance (~ns~de the screen) d~mens~ons for a s~ngle (one e~ght-yard) dumpster enclosure shall be 12 feet deep x 12 feet w~de. 6. The Interior clearance (~nslde the screen) d~menslons for a double (two e~ght-yard) dumpster enclosure shall be 12 feet deep x 24 feet w~de. 7. Bollards and other such dewces shall not be set w~th~n the mlmmum w~dth d~mens~ons noted above. 6. All required contmnem and dumpsters pads shall be constructed of s~x ~nches of steel-reinforced concrete. g. All reqmred contmnem and dumpsters shall be screened by means of an approved s~x-foot high opaque dewce on a m~mmum of three sides. Depending on ws~bd~ty to pedestrian and vehicular traffic, a gate may be reqmred. Materials may be dictated by under the terms of a Condtt~onal Use Permit (CUP) or the Design Rewew Board (DRB). lO. The ~ngress, egress, and approach to all dumpster pads shall conform to the fire lane requirements. 7,8 Drainage and Stormwater Management Th~s Section ~s reserved. Any reference to th~s Secbon shall apply to Chapter 13 of the Code of Ordinances, Flood Hazard Protection. 7.9 Non-Realdential Architectural Standarde A. Applicability The design standards of th~s Section shall apply to non-res~denbal uses located ~n any zomng d~stnct w~th the exception of the NG, H-l, H-2, and R&D districts. B. Mechanical Equipment Screening All roof and ground-mounted mechamcal eqmpment shall be screened from wew or ~solated so as not to be ws~ble from any pubhc right-of-way or res~denbal d~stnct w~th~n 150 feet of the sub3ect lot, measured from a point five feet above grade. Such screening, when used, shall be coordinated with the budding architecture and scale to mmntam a umfied appearance. Acceptable methods of screening rooftop equipment may ~nclude, but are not hm~ted to encasement, parapet walls, or part~bon screens. C. Prohibited Materials 7-49 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Ar~cle 7 General Development Standards Section 7 9 Non-Res~denbal Architectural Standards Dw For all facades parallel to, roughly parallel to, or clearly visible from a pubhc street, no more than 40 percent of the exterior budding materials shall ~nclude the following: smooth-faced concrete block, blt-up concrete panels, or pre- fabricated steel panels. Building Mass and Design All buddings w~th a conbguous footpnnt greater than :20,000 sq. ft. shall be sub.iect to the following standards. Th~s apphes to large s~ngle tenant buildings, multiple tenants, and any grouping of attached buildings. 1. Where the length of the front or mare building fac~ade exceeds 100 feet, no more than 33 percent of such fac~ade on the first two stones shall be on the same conbnuous geometric plane. Wall plane pro3ections or recessions shall have a m~mmum depth of four feet. RECESSION ,/J PROJECTION On buddings three storms or less, the horizontal hne of a fiat roof (or parapet) shall change by a m~nlmum of two feet up or down so that no more than 66 percent of the roofl~ne ~s on the same elevation. Min. 2' __ Roof or Parapet "JMax. 66% or lengtht Ground floor facades that face pubhc streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length. 7-50 Unified 0 .~'NTNGS FNTRY ARF. A$ ARCADt~ Arbcle 7 General Development Standards Section 7 10 Outdoor L~ghbng Standards 7.10 Outdoor Lighting Standards It ~s recogmzed that no design can ehmlnate all ambient light from bemg reflected or otherwise being visible from any given development; however, the following reqmrements shall be followed to the fullest extent possible ~n order to hm~t nuisances associated with hghUng and resulting glare. All hghtmg w~th~n developments other than slngle-famdy residential and duplexes shall meet the requirements of th~s Secbon. A. Site Lighting Design Requirements 1. Fixture (lum~nmre): The hght source shall not pro,lect below an opaque housing. No fixture shall d~rectly project hght horizontally. 2. Light Source (lamp): Only incandescent, florescent, metal halide, mercury vapor, or color corrected high-pressure sodium may be used. The same type must be used for the same or s~mdar types of hghbng on any one s~te throughout any master-planned development. 3. Mounting: Rxtures shall be mounted ~n such a manner that the projected cone of hght does not cross any property hne. Specific Lighting Requirements 1. Residential Protection Standards W~th~n 150 feet of any res~denbal zone, budding-mounted and aerial hghtlng fixtures shall be of a design such that the hght source (lumlnmre) shall not project below an opaque housing. No such fixture shall d~rectly project light horizontally. Facade and flagpole hght~ng must be d~rected only toward the facade or flag and shall not ~nterfere w~th the mght-ws~bd~ty on nearby thoroughfares or sh~ne d~rectly at any adjacent residential use. 2. Canopy Area Lighting All hght~ng fixtures ~ncorporated ~nto non-enclosed structures (~.e,, gas pump canopies, car washes, etc.) shall be fully recessed into the underside of such structures. 7.11 Outdoor Storage and Display A. General Outdoor storage and d~splay Is allowed ~n nonresidential districts ~n accordance with this Section. Any merchandise, material, or equipment s~tuated outdoors and wslble from the public right-of-way or adjacent properties shall be subject to the requirements of th~s Secbon. No outdoor storage or display shall be allowed to occur m required parking areas. For the purpose of this Section, outdoor storage, d~splay, and sales shall be broken down ~nto four types, as follows. B. Categories of Outdoor Storage and Display 1. Outdoor Display Outdoor d~splay is display of ~tems actively for sale. Outdoor display shall be allowed adjacent to a pnnc~pal building wall and extending to a d~stance no greater than five feet from the wall. Such storage shall not be permitted to block windows, entrances, or ex.ts, and shall not ~mpmr the ablhty of pedestrians to use the budding or s~dewalk. 7-51 Unified Development Ordinance 6/13/03 C~ty of College Station, Texas Article 7 General Development Standards Secbon 7 11 Outdoor Storage and D~splay 2. Permanent Outdoor Sales Areas Nerchand~se may be stored or displayed for sale to customers ~n areas conbguous to the pnnc~ple budding. Permanent outdoor sales areas shall be enclosed by a m~mmum s~x-foot screen or wall. Such areas shall not exceed 1,000 square feet or 10 percent of the total site area, whichever ~s greater. Permanent outdoor sales areas must comply w~th d~stnct setback requirements. Such areas may not ~nterfere w~th parking and parking lot reqmrements. Permanent areas open to the pubhc for the d~splay and/or sale of merchandise shall be shown on a s~te plan and w~ll be ~ncluded In parking requirement calculabons. 3. Temporary Outdoor Sales and Storage Temporary Outdoor Sales Areas, ~nclud~ng sales tents, may be displayed for a two-week period. Such areas shall be clearly defined and shall not ~nterfere w~th parking lot reqmrements. Christmas trees may be d~splayed for sale from November 15 to December 31. 4. General Outdoor Storage Outdoor storage consists of all remmmng forms of outdoor storage not classified above. Outdoor storage visible to the public right-of-way or adjacent properties Is allowed so long as ~t is completely screened from wew outside the s~te by a sohd wall or fence at least s~x feet but not more than e~ght feet ~n hmght. Except for developments ~n the M-2 d~stnct, outdoor storage shall not exceed the height of required screening. Outdoor storage shall not be allowed w~th~n a required front setback. Exceptions 1. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material, or eqmpment subject to the restrictions of th~s Section. Such vehicles shall be located and d~splayed on a paved area that meets parking lot pavement standards and shall be screened under the same reqmrements for a parking lot. 2. Waste generated on-s~te and deposited m ordinary refuse containers shall not be considered outdoor d~splay or storage. Location of Outdoor Storage and Display Unless speofically authorized elsewhere in the Oty's Code of Ordinances, all outdoor storage, display, and sales shall be located outside the pubhc right-of- way and must adhere to the required d~stnct setbacks. 7-52 Umfied Development Ordinance 6/13/03 City of College Stabon, Texas Article 8 Subd~ws~on Design and ]mprovements Section 8.1. Purpose Article 8. Subdivision Design and Tmprovements 8.1 8.2 Purpose Notwithstanding the following two provisions, this article ,s reserved. All additional references to th~s article shall apply to Chapter 9 of the Code of Ordinances, Subd~ws~ons. Lot Line Construction Per Ordinance No, 2713 dated Narch 2S, 2004 The following requirements apply to all s~ngle-famdy res~denbal development. A. Description A zero lot hne development ~s where houses in a development on a common street frontage are sh~fted or offset to one s~de of their lot. Th~s prowdes for greater usable yard space on each lot. These developments reqmre that planning for all of the house Iocabons be done at the same bme. Zero lot hne developments are allowed by right. Rewew for compliance with the standards of th~s Section shall occur dunng the subd~wsion platting process. Restrlcbons that assure the mm~mum d~stance between houses and any required easements must be recorded on the plats of the apphcable lots. Proof of such recordabon must be submitted as part of the building permit application. B. Setbacks The s~de budding setback shall be zero on one s~de of the house. This reducbon does not apply to the street s~de setback or to the interior s~de setback adjacent to lots that are not part of the zero lot line project. The m~mmum d~stance between all buddings ~n the development must be fifteen feet. Per Ordinance No. 2713 dated Atarch 25t 2004 C, Additional Standards 1. Eaves Eaves may project a maximum of 18 Inches, excluding non-combusbble gutters, over the adjacent property hne. Per Ordinance No. 2713 dated March 25~ 2004 2. Maintenance Easement A maintenance easement shall be ded~catad between the two property owners to allow for maintenance or repair of the house built on the lot hne. The easement shall be unobstructed, located on the adjacent property abutbng the s~de wall and must be a mimmum of seven and one- half feet m w~dth. Required mamtanance easements shall be shown on the recorded plat. Per Ordinance No. 2713 dated March 25~ 2004 Privacy Windows or other opemngs that allow for ws~bd~ty into the side yard of the adjacent lot are not allowed. Windows that do not allow ws~b~hty rata the s~de yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All matanals within three feet of the property hne shall be flre-ratad to meet budding code requirements. 8-1 Umfled Development Ordinance 6/13/03 City of College Stabon, Texas Article 8. Subdivision Design and Improvements Section 8 3 Cluster Development 8.3 Per Ordinance No. 2733 dated March 25, 2004 Cluster Development A cluster development Is a residential subdivision m which the lots are allowed to be smaller (m area and width) than otherwise required for the underlying, base zoning d~stnct, but m which the overall density cannot exceed the maximum density hm~t for the underlying zoning d~str~ct. Through the cluster development option, a subd~ws~on can contain no more lots than would otherwise be allowed for a convenbonal subd~ws~on in the same zomng d~str~ct, but the individual lots w~th~n the development could be smaller than required ~n a conventional subd~ws~on. Smaller lot s;zes w~th;n a cluster development are required to be offset by a corresponding ~ncrease ~n open space. A. Conflict with Other Regulations If there ~s a confhct between the cluster development standards of th~s Section and any other requirement of th~s UDO, the standards of this Section control. Where no conflict exists, a cluster development ~s sub]ect to all other apphcable requirements of th~s UDO. Where Allowed Cluster developments are allowed in all zoning d~stncts. 2. Approval Procedure Cluster Developments are sub]ect to the subd~ws~on procedures set forth In herein. 3. Lot Size There ~s no set minimum lot w~dth or depth reqmrement w~thm a cluster development; however, the lot s~ze (area) may be reduced by up to 25 percent as long as mdiv~dual lot s~zes are adequate to meet all reqmred density, d~stnct, and development standards. 4. Setbacks and Building Separations The m~mmum setback standards of the base zomng d~stnct apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a mlmmum d~stance of ten feet. S. Open Space a. On-Site Open Space Cluster developments shall be subject to the minimum on-site open space standards of the base zomng d~stnct, if apphcable. b. Common Open Space (1) Hinimum Requirement. Common open space Is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning d~stnct. Common open space must be prowded m an amount at least equal to the d~fference between: (a) The actual, average lot area per dwelhng umt w~thln the cluster development; and (b) The required lot area per dwelhng unit for conventional development w~th~n the underlying base zomng distnct. 8-2 Unified Development Ordinance 6/13/03 City of College Station, Texas Arbcle 8. Subdivision Design and Improvements Section 8 3, Cluster Development Use of Common Open Space. Common open space must be set aside and destgnated as an area where no development wtll occur, other than project-related recreabonal amenities or passtve open space areas. The Planning and Zoning Commlsston may requtre that up to 50 percent of requtred common open space be useable recreattonal space, If deemed necessary by the Planning and Zoning Commission to ensure adequate recreabonal amembes for restdents of the development. 8-3 Unified Development Ordinance 6/13/03 Oty of College Station, Texas Article 9 Nonconformlbes Secbon 9 1. General Article 9. Nonconformities 9.1 General Except as specified in th~s Article, any use, building, structure, or sign existing at the bme of enactment of this UDO or class~ficabon amendment apphcable to its use, may be continued even though such use, building, structure, or s~gn may not conform w~th the prows~ons of this UDO for the d~stnct ~n which ~t ~s located; prowded, however, that th~s Article shall not apply to any use, budding, structure, or s~gn established ~n wolabon of th~s UDO or ordinance prewously ~n effect ~n College Stabon. 9.2 Nonconforming Uses A, Continuance An exlsbng use that ~s not ~n comphance w~th th~s UDO or subsequent amendments apphcable to the use shall not be enlarged, extended, reconstructed, subsbtuted or structurally altered unless the use ~s brought ~nto comphance with th~s UDO, except as follows: 2. Expansion When authorized by the Zomng Board of Adjustment ~n accordance w~th the prows~ons of th~s Article, enlargement or complebon of a budding devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension ~s necessary and incidental to the ex~sbng use of such budding and does not exceed 25 percent of the ong~nal area of nonconformity. 2. Conditional Use A use ex~sbng on the effecbve date of th~s UDO, or subsequent amendment apphcable to ~ts use, which would only be permitted as a cond~bonal use, shall be a lawful nonconforming use untd altered pumuant to Section 3.13, Cond~bonal Use Permit. In the event of ~ssuance of a conditional use permit, such use becomes a permitted and lawful use. B. Termination The City Council shall have the authority to initiate, on Its motion, action to bnng about the dlsconbnuance of a nonconforming use under any plan whereby full value of the structure can be amortized w~th~n a defimte penod of t~me, taking ~nto cons~derabon the general character of the area and the necessity for all property to conform to the regulabons of th~s UDO. C. Abandonment Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been dlsconbnued or abandoned for more than three months, a presumption of intent to abandon smd use shall have been estabhshed and the nght to continue the former nonconforming use shall no longer ex~st. Subsequent operabon as a nonconforming use shall be unlawful. 9.3 Nonconforming Structures A. Enlargement, Alteration A structure (~ncludlng parking lots, parking structures, and parking areas), which ~s nonconforming by physical design may be enlarged or structurally 9-1 Umfled Development Ordinance 6/13/03 Oty of College Station, Texas Arbcle 9. Nonconform~bes Secbon 9 4. Nonconforming Lots of Record altered as long as such enlargement or alterabon otherwise comphes w~th the terms of th~s UDO. Per Ordinance No, 2753 dated September 23, 2004 9,4 B. Termination The C~ty Council shall have the authority to ~mbate on ~ts mobon, or cause to be presented by ~nterested property owner, acbon to bnng about the d~sconbnuance of a nonconforming structure under any plan whereby full value of the structure can be amortized w~th~n a defimte period of bme, taking ~nto consideration the general character of the neighborhood and the necessity for all property to conform to the regulabons of th~s UDO. C. Abandonment Whenever a nonconforming structure has been d~scont~nued or abandoned for more than three months, a presumpbon of ~ntent to abandon sa~d structure shall have been estabhshed and the r~ght to continue the former nonconforming structure shall no longer ex~st. Subsequent operabon as a nonconforming structure shall be unlawful. Nonconforming Lots of Record A. Authorltyto Utilize for Single-Family Residence In any d~stnct ~n wh;ch s~ngle-fam~ly dwelhngs are a permitted use, notwithstanding the regulations Imposed by any other prows~ons of th~s Section, a single-family detached dwelhng that comphes w~th the restrictions below may be erected on a nonconforming lot that ~s not less than 30 feet ~n w~dth, cons;sbng enbrely of one tract of land of not less than 3,000 square feet, and that: 2. Has less than the prescribed minimum lot area, w~dth, and/or depth; 2, ts shown by a recorded plat or deed to have been a lot of record owned separately and md~wdually from ad,lo~mng tracts of land at a time when the creabon of a lot of such s~ze, depth, and w~dth at such location would not have been prohibited by any zomng or other ord~nanca; and 3. Has remained ~n separate and ~nd~wdual ownership from adlo~nlng tracts of land continuously dunng the entire time that the creabon of such lot has been prohibited by the applicable zoning ordinance or other ordinances. B. Regulations for Single-Family Use of Nonconforming Lots A nonconforming lot authorized to be used pursuant to th~s Section may be used for a s~ngle-famlly dwelhng and no other structure except for a garage or carport. Construction of such s~ngle-fam~ly dwelhng shall comply w~th all the regulat;ons (except lot area, w~dth, and depth) apphcable to single-family dwelhngs ~n the zoning district ~n which the lot ~n quesbon ~s located, except that the following s~de yard reqmrements shall apply ~n place of the s~de yard requirements otherwise applicable: :1.. The dwelhng shall be placed on the lot so as to prowde a yard on each s~de of the dwelhng. 2. The sum of the w~dths of the two s~de yards on such lot shall be not less than the smaller of: a. 25 percent of the w~dth of the lot; or b. The m~mmum total for both s~de yards prescribed by the bulk regulations for said zomng d~stnct; and 9-2 Unified Development Ordinance 6/13/03 City of College Station, Texas Arbcle 9 NonconforTnltles Secbon 9.5. Noncomformlng Tracts 9.5 9.6 3. No s~de yard shall be less than throe feet wide. C. Other Uses of Nonconforming Lots: Site Plan Required In any d~stnct m which single-family dwelhngs aro not permitted, a nonconforming lot of record which meets the reqmroments above may be used for any use permitted m the district ~n which ~t ~s located ~f, but only ~f, a s~te plan for such use has been approved ~n accordance w~th the prowsmns of Section 3.5, S~te Plan Rewew. D. Lots Made Nonconforming by Right-Of-Way Acquisition Any lot made nonconforming solely by means of area dedicated, condemned, sold or otherwise conveyed for pubhc right-of-way shall be allowed to pursue any allowed use as ~f such area were a part of the remaining lot, except that all apphcable setbacks shall be adhered to. Noncomforming Tracts Unplatted propertms made nonconforming by the zoning apphed at the time of annexation shall be allowed to plat, prowded that the resulting lot contains the ent~ro tract. Nonconforming Signs A. Continuation Allowed A lawfully nonconforming s~gn may continue m use except as otherwise prowded m or authorized by th~s Section. A change m the informabon on the face of an ex~sbng nonconforming s~gn ~s allowed ~f the change does not increase the area of the s~gn face and revolves no structural alterabon. B. Alteration, Expansion, Moving No nonconforming s~gn, by voluntary act of the owner, shall be: 1. Changed or altered m any manner which would increase the degroe of ~ts nonconformity; 2. Expanded (s~gn face}; or 3. Moved ~n whole or m part to any other Iocabon where It would remmn nonconforming. C. Signs Required to be Moved by the City Any nonconforming s~gn requ~rod to be moved or removed by the Oty shall be removed or relocated ~n accordance w~th the prows~ons of the Texas Local Government Code. 9-3 Umfied Development Ordinance 6/13/03 Oty of College Station, Texas Article 10. Enforcement Section 10 i Enforcement by Adm~mstrator Article 10. Enforcement 10.1 Enforcement by Administrator The Adm~mstrator, or h~s designee, shall have the authority to ~ssue c~tabons for the wolatlon of the prows~ons of th~s UDO. In the event that an ~nd~wdual s~gns a copy of the c~tat~on g~ven to h~m or her, he thereby acknowledges receipt of same and promises to contact the Mumc~pal Court and arrange for the entry of a plea and a heanng where necessary, w~thm ten days of the date of the c~tabon. If the defendant shall not s~gn a c~tat~on, the Adm~mstrator shall proceed to prepare and file a formal complmnt w~th the Mumc~pal Court, and shall seek the ~ssuance of a warrant, dellvenng same to the appropriate law enforcement officer for the resulbng arrest of the defendant. A person who knowingly wolates a written promise to appear m court, as prowded above, commits a m~sdemeanor regardless of the d~spos~tlon of the charge on which the bcket ~s ~ssued. 10.2 Penalties for Violation Any person who wolates or finis to comply w~th the reqmrements of th~s UDO, or who budds or alters any budding or structure ~n wolat~on of any plan or statement submitted and approved hereunder, shall be guilty of a m~sdemeanor and be hable to a fine pursuant to the General Penalty set out ~n Chapter 1, Section 5, of the Code of Ordinances of the C~ty of College Stabon. 10.3 Penal Provisions A. Within Corporate Limits Any person wolabng any prows~on of th~s UDO, w~th~fl the corporate limits of the C~ty of College Station, shall be guilty of a misdemeanor, and upon conwct~on, shall be fined pursuant to the General Penalty set out In Chapter 1, Secbon 5, of the Code of Ordinances. Prosecubon or conwct~on under th~s prows~on shall never be a bar to any other rehef for wolabons of th~s UDO. B. Outside Corporate Limits Any person wolat~ng any prows~on of this UDO, outside the corporate hm~ts of the C~ty, but w~th~n the C~ty's extraterritorial jurisdiction, shall not be considered as committing a m~sdemeanor, nor shall any fine prowded ~n Section A above be apphceble; however, the City shall have the right to ~nstitute an acbon ~n a court of competent .lunsd~cbon to en.lo~n the wolabon of any prows~on of th~s UDO. 10.4 Specific Enforcement and Penalties for Flood Hazard Protection A. Notification of Noncompliance If at any time development takes place for which an approved Development Permit has not been ~ssued, or development occurs which does not conform to the plans and spec~ficabons upon which the ~ssued Development Permit was based, the Adm~mstrator or h~s desg~nee shall ~ssue a written Not~ce of Noncomphance to the owner. The Not~ce shall g~ve a specific brae allowance to the owner dunng which he must take one of the following steps to bnng the development ~nto comphance w~th th~s UDO: 1. An acceptable apphcabon for a Development Permit must be filed w~th the office of the Development Engineer for the enbre scope of development taking place or proposed for the s~te; 10-1 Unified Development Ordinance 6/~.3/03 C~ty of College Station, Texas Article 10. Enforcement Section 10 4 Specific Enforcement and Penalbes for Flood Hazard Prot~cbon 2. The ~tem or ~tems which are not ~n compliance with the terms, cond~bons, and prowslons of th~s UDO shall be corrected, added, or ~mproved unbl they are ~n comphance w~th th~s chapter, at which bme the owner shall request, ~n wnbng, a re-~nspecbon by the Development Engineer; 3. Modified construcbon plans shall be submitted to the Development Engineer which detml, ~n an acceptable manner, the remedial, add~bonal, or correcbve measures which must be taken to bring the development w~th~n the provisions and requirements of th~s UDO; or 4. An acceptable variance request, subject to the prows~ons of th~s UDO, shall be submitted to the Adm~mstrator which shall have the effect, ~f granted, of remowng the requirements for which the development was determined to be ~n noncomphance. The time allotment for these acbons shall be reasonable, and shall be determined according to the number, nature, and seventy of the non- complying ~tems. In no case shall that t~me period exceed 30 calendar days from the date of nobficabon. If, ~n the op~mon of the Development Engineer, a cond~bon exists which ~s hazardous to the ~mmed~ate safety of the pubhc, he may seek remedies outside the scope of th~s Secbon. Revocation or Suspension of Development Permit Upon expiration of the time allotment for remedial or correcbve measures, the Development Engineer shall take one of the following courses of action: 1. If, in the opmmn of the Development Engineer, the owner has made, or ~s making, a good faith effort to remedy the offending s~tuabon, the Development Engineer may extend the time allotment prewously granted if such extension is requested by the owner; or 2. Where an approved Development Permit has been ~ssued for the development, the Development Engineer shall suspend the development permit. Written nobce of smd suspension, along w~th the terms and requirements for rmnstabng the Development Permit, shall be dehvered to the owner. 3. Upon suspension of a Development Permit, all portions of the work being done on the property that are regulated by th~s UDO shall cease. These acbwbes ~nclude, but are not hm~ted to, grading, excavation, fill, berm~ng, stripping, cleanng, pawng, placement of any storm sewer, drainage structure, ~nlet or appurtenance thereto; any work w~th~n a defined Area of Special Flood Hazard, or placement of any structure, temporary or permanent, or any obstrucbon w~thm the Area of Speoal Flood Hazard. 4. Upon finding that no approved Development Permit exists for the work or property ~n quesbon or suspending an ex~sbng approved development permit, the Development Engineer shall ~ssue a stop work order for all ~tems of work on the subject property covered by th~s or other ordinances, any work permitted, hcensed, or otherwise regulated by the Oty, or any work sub.lect to ~nspecbon or approval by the Oty. The Development Engineer may enter property to ~nspect and verify that the requirements of th~s UDO are bmng met. 5. All nobces required by this Secbon shall be served upon the parbes concerned either personally or by cerbfled mad, addressed to the ~nd~wdual contracbng part~es or permit holder, at the address g~ven on the permit apphcebon. 10-2 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7.0 Enforcement Section 7.0 4 Specific Enforcement and Penalties for Flood Hazard Protecbon C, Penalty Zmposed Upon the finding of a violation of this UDO regarding Flood Hazard Protection, the Development Engineer may file a complmnt ~n the Mumc~pal Court of the C~ty of College Stabon agmnst any person, firm, corporation, or other legal entity. Tn the event that the judge finds any person, firm, corporation, or other legal enbty to be In vlolabon of the terms, cond~bons, or requirements of th~s UDO, or prows~ons or cond~bons pursuant thereto, he shall find smd person firm, corporabon, or other legal enbty gudty of a misdemeanor; and upon conwcbon shall Impose a fine pursuant to the General Penalty set out ~n Chapter 1, Secbon 5, of the Code of Ordinances. Prosecubon under th~s prows~on shall not be a bar to any other rebel for wolabon of th~s UDO. D, Fine Not Exclusive Penalty Tn addition to a fine, the C~ty may ~nsbtute appropriate actions or proceedings at law or equity for the enforcement of the prows~ons of th~s UDO, or to correct wolabons thereof, and, ~f apphcable, appropriate acbons or proceedings at law or equity against any surety company, escrow holder, or any third party who has aff~rmabvely acted as surety or guarantor for the fmthful performance of the permit holder's work. ~.0-3 Umfled Development Ordinance 6/13/03 C~ty of College Station, Texas Article 11 Definitions Section 11.1 General Article 11. Definitions 11.1 General A.For the purpose of this UDO certain words shall be Interpreted as follows: 1. Words In the present tense include the future tense. 2. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construcbon of the wording Indicates otherwise. 3. The word "person" includes a firm, association, corporatlon~ trust, and company, as well as an individual. 4.The word 'structure" shall include the word "building." 5.The word "lot" shall Include the words, "plot," "parcel," or "tract." 6. The words "w~ll" and "shall" are always mandatory and not merely directory. B. Words not specifically defined ~n Section 11.2 shall take their common d~cbonary meaning, except as modified by use as terms of art in planning or engmeenng. 11.2 Defined Terms For the purpose of this UDO, certain words as used herein are defined as follows: Accessory Use or Structurew or Bulldln~l: (1) A building, structure, or use which is subordinate to and serves a primary use or principal structure; (2) A building, structure, or use which is subordinate in area, extent, or purpose to the primary use served; (3) A building, structure, or use which contributes to the comfort, convenience, or necessity of occupants of the primary use served; (4) A building, structure, or use which is located within the same zoning district as the primary use; and (5) A building, structure, or use which In residential districts is not used for commercial purposes other than leg~bmate home occupations, and ~s not rented to other than bona fide servants employed on the premises and members of the family of the occupant(s) of the principal structure. Examples of accessory buildings, structures, or uses include, but are not limited to, private garages, greenhouses, Iwmg quarters for family or servants, tool sheds, radm or telewsmn antennae, or bathhouses. Persons are related w~thin the meaning of this section If they are related within the second degree of consanguinity or affinity. Administrator: The Development Services D~rector, or h~s designee, shall serve as the Administrator. Adult Arcade: Any business enterprise that offers or maintains one or more adult wdeo wewmg booths. Adult Cabaret: Any bus~ness enterpnse which regularly features or offers to the pubhc, customers, or members, performances by persons who appear nude or sem~-nude, or hve performances that are characterized by their emphas~s on the exposure, dep~cbon or descnpbon of speofied anatomical areas, or the conduct or simulation of specified sexual acbwbes. 11-1 Un~fled Development Ordinance 6/13/03 City of College Station, Texas Article 11. Defln~bons Secbon 11.2 Terms Adult Motel: A hotel, motel, or s~mllar commercial estabhshment which: (1) Offers accommodations to the pubhc for any form of consideration; prowdes patrons with closed-circuit television transmlsslons~ films, motion p~ctures, video cassettes, shdes, or other photographic reproducbons which are d~sbngu~shed or characterized by an emphas~s on matter dep~cbng, describing or relating to "speofled sexual acbwbes" or "specified anatomical areas;" or (2) Offers a sleeping room for rent for a period of bme that ~s less than 10 hours; or (3) Allows a tenant or occupant of a sleeping room to sub-rent room for a period of time that ~s less than 10 hours. Adult Movie Theater: Any bus~ness enterprise which regularly features or offers to the pubhc the presentation of motion p~cture films, mowes, or sound recordings which are characterized by their emphasis on the descnpbon or dep~cbon of speofied anatomical areas or speofied sexual activities and which are presented to a common audience of more than five persons ~n an enclosed common area or are presented ~n a common area of more than 150 square feet. Adult Retail Store-' A business enterprise which meets any of the following tests: (1) offers for sale or rental ~tems from any two of the following catagorles: (a) sexually-oriented materials; (b) lingerie; or (c) leather goods which are marketed or presented ~n a context to suggest thmr use ~n connecbon w~th speofled sexual activities; (2) offers for sale sexually-oriented toys and novelties, except a bus~ness enterprise which devotes less than ten percent of ~ts stock ~n trade and sales and d~splay area to sexually-oriented materials, w~th all sexually-oriented toys and novelbes separated from other sales and d~splay areas by an opaque wall at least e~ght feet ~n hmght w~th a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area; (3) devotes more than ten percent of ~ts stock ~n trade or sales and display area to sexually-oriented materials w~thout hawng all sexually-oriented materials separated from other sales and display areas by an opaque wall at least eight feet (8') ~n height w~th a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area; (4) devotes more than 40 percent of ~ts stock m trade or sales and display area to sexually-oriented materials; or (5) adverbses or holds itself out ~n s~gnage ws~ble from the pubhc right-of-way as ~X ," "adult," "sex," or otherwise as a sexually-oriented business. Adult Retail Store, Limited: Any bus~ness enterprise which offers for sale or rental sexually-orientad materials, and which devotes at least ten percent and not more than forty percent of ~ts stock in trade or sales and d~splay area to sexually-oriented materials, provided that: (1) the following ~tems are not also offered for sale: (a) hngene; or (b) leather goods which are marketed or presented m a context to suggest their use ~n connecbon w~th specified sexual actlwtles; (2) all sexually-oriented materials are separated from other sales and d~splay areas by an opaque wall at least e~ght feet In height w~th a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area; and 11-2 Oty of College Station, Texas Umfled Development Ordinance (Draft) 10/01/04 Arbcle 11 Definitions Secbon 11 2 Terms (3) the bus~ness enterprise does not adverbse or hold ~tself out ~n s~gnage ws~ble from the pubhc right-of-way as 'X...," 'adult," ~sex" or otherwise as a sexually- oriented bus~ness. Adult Theater: A theater, concert hall, auditorium, or similar commercial estabhshment which regularly features persons who appear ~n a state of nudity, or live performances which are d~st~ngu~shed or charectenzed by an emphas~s on "specified sexual activities" or "speofied anatomical areas." Ad..It Video Viewing Bonth-' Coin or slug-operated, or electronically or mechamcally controlled, stdl or mot~on-p~cture machines, projectors or other ~mage-produong dewces which present to five or fewer persons per machine at any one bme wsual or audio material of any kind which ~s characterized by ~ts emphas~s on the descnpbon or deptcbon of speofied anatomical areas or speofied sexual act~wbes. No part of th~s definition shall be construed to permit more than one person to occupy an adult wdeo wew~ng booth at any bme. Alternative Nnuntlng Structure: Any budding or structure, other than a tower, which can be used for the Iocabon of telecommumcabon antennas and faoht~es. Antennas located on these structures may Include Attached WTFs or Stealth Antenna. Animal Care Facilities: A place where animals are boarded and/or bred, Including, but not hm~ted to, stables and kennels. Antenna-' Any system of poles, panels, rods, reflecbng d~scs, or s~mdar dewces used for the transmission or reception of rad~o frequency s~gnals. (1) Omni-Directional Antenna ("Whip" Antenna) - transmits and receives rad~o frequency signals ~n a 360 degree radial pattern. (2) The Dlrectlnnal Antenna ("Paneln Antenna) - transmits and recmves radio frequency signals ~n a speofic d~rectional pattern of less than 360 degrees. (3) The Parabnllc antenna ("dish" antenna) - ~s a bowl-shaped device for the recepbon and/or transmission of rad~o frequency s~gnals ~n a specific d~recbonal pattern. Apartment Building-' See "Multi-family Dwelhng". Appeal-' An appeal Is a request for a rewew of the Adm~mstrator, or other adm~nlstratwe official's ~nterpretabon, of any prows~ons of th~s UDO or a request for a variance. Applicant-' An Ind~wdual seeking an acbon, a permit, or other approval under the prows~ons of th~s UDO. Area of Special Flood Hazard: The land adjacent to a clearly defined channel w~th~n a commumty subject to a one percent or greater chance of flooding ~n any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detmled ratemak~ng has been completed ~n preparabon for pubhcatmn of the Flood Insurance Rate Map (FZRM), Zone A usually ~s refined ~nto Zones A, AE, AH, An, AI-99, VO, Vl-30, VE, or V, Art Studio or Gallery: Where objects of art are created or d~splayed for the pubhc enrichment or where smd objects of art are d~splayed for sale (including, but not hm~ted to, the teaching of photography, painting, sculpturing, and other s~mdar skdls) as the primary use of the structure. Arterial, IqaJor/Mlnor: See "Street, Arterial." Attached Wireless Telecommunication Facility: A w;reless telecommumcabon faohty that ~s affixed on an ex~stmg structure that ~s not pnmardy used for the support or attachment of a w~reless telecommunication faohty and ~s not a normal component of such a facd~ty. Automobile Repair and Service: See "Vehicle Repmr and Service Shop." Automobile Sales and Rental: See "Vehicle Sales and Rental." 11-3 Oty of College Stabon, Texas Umfled Development Ordinance (Draft) 10/01/04 Arbcle 11 Deflnlbons Secbon 11.2 Terms Barricade Area For Existing Trees: An area extendmg ~n a radius of one foot per cahper inch of tree d~ameter from the protected tree that prevents ~ntrus~on by construction eqmpment, vehicles, and people, but allows only hand clearing of underbrush. Base Flood: The flood hawng a one percent chance of being equaled or exceeded In any given year ("The 100-Year Flood"). Bed and Breakfast Xnn: A residential structure where two or fewer rooms are rented to transient paying guests on an overmght basis w~th no more than one meal served dmly, where no cooking facd~bes are prowded m the rooms and where the total number of permanent and transtent occupants does not exceed four at any one bme. Board of Adjustment: The Zomng Board of Adjustment of the CRy of College Stabon. Boarding House: See "Rooming/Boarding House." Body Rub Parlor: Any bus~ness enterprise where body rub services are provided in order to ~nduce relaxation or for other purposes. Building: A "budding" ~s any structure hawng a roof supported by columns or walls and budt for the support, shelter or enclosure of persons, chattel or movable property of any k~nd and which ~s affixed to the land. Building Coverage: Building coverage refers to the area of a lot covered by buddings (pnnopal and accessory) or roofed areas, as measured along the outside wall at ground level, and including all projecbons, other than open porches, fire escapes, canopies, and the first two feet of a roof overhang. Building Official: The designated "Budding Official" of the Oty of College Station, or h~s designated representabve. Building Plot or Premises: All of the land wRh~n a project, whether one or more lots, developed according to a common plan or design for s~mdar or compatible uses, that may have shared access or parking, and that s~ngularly or ~n phases ~s treated as such for s~te plan review purposes. The determination of the boundaries of a budding plot shall be made as the first step ~n the s~te plan or project rewew, unless such determ~nabon has prewously been made at the t~me of plat approval. For development not subject to s~te plan rewew, the building plot or premises shall be the exterior boundary of any ~ncluded lots, m the event that the structure s~ts astnde two or more lots. [n the event that two or more lots are under s~ngle ownership and the structure does not meet the reqmred side yard setback, both lots shall be considered the budding plot or premises. Bulk Storage Tank: A contmner for the storing of chemicals, petroleum products, grmns, and other materials for subsequent resale to d~stnbutors or retml dealers or outlets. Business Development Corporation: Shall mean the College Station Bus~ness Development Corporation, Inc.. Th~s corporation ~s the non-profit corporabon created by the CRy to promote, assist, and enhance economic development m the Oty of College Stabon. Caliper: Th~s shall mean the w~dth of the trunk of a tree and shall be measured at twelve ~nches above grade. Canopy Tree: See "Tree, Canopy". Carport: A structure which has enclosing walls for less than S0% of ~ts perimeter covered w~th a roof and constructed specifically for the storage of one or more motor vehicles. Car Wash: A place contmning facdltles for washing automobdes which may ~nclude the automabc or semiautomatic apphcabon of cleaner, brushes, nnse water, and heat for drying. ~. 1-4 city of' College Stabon, Texas Umfled Development Ordinance (Draft) 10/01/04 Article 11 Oefln~bons Section 11.2 Terms Certificate of Compliance: A letter signed by the Development Engineer ~nd~cabng comphance wRh all plans and speoflcabons applicable to the sub.lect project and completion of all stormwater management and sod erosion protection measures. Chief of Police: The Chief of Police of the Oty of College Statmn. Church or Place of Religious Worship: A building in which persons regularly assemble to worship, intended primarily for purposes connected w~th froth or for propagating a particular form of rehglous behef. City-' The Oty of College Station, Texas. City Attorney: The "City Attorney" of the Oty of College Station. City Nanager: The "City Manager" of the Oty of College Station. Classification Amendment-' An amending zoning ordinance which pertains to the rezomng of a parbcular parcel or parcels of land, as d~stmgmshed from a change In the prows~ons of the ordinance relevant and pertmmng to the entire oty. Clinic: An ~nsbtubon, pubhc or private, or a stabon for the examlnabon and treatment of out-pabents by a group of doctors, dentists, opt~oans, vetennarlans, psychologists, or other s~mdar medical professionals. In general, a chmc shall not exceed 20,000 square feet ~n s~ze, and larger chmcs shall be considered to be hospitals. Cold Storage Plant== A commercial estabhshment where foods or other commod~bes are stored rather ~n lockers, rented or leased, or ~n vaults ~n bulk for distribution to the home or other commercial businesses. No slaughtenng of ammals or fowl ~s allowed on the premises. Collocation-' When more than one w~reless telecommumcat~ons prowder shares a w~reless telecommumcatlons support structure. Commercial Greenhouse: A structure or Iocabon where plants, vegetable, flowers, and s~mdar materials are grown for sale. Commercial Amusement~: Any enterprise whose mmn purpose ~s to provide the general pubhc w~th an amusing or entertmnlng act~wty, where bckets are sold or fees collected at the gates of the act~wty. Commercial amusements ~nclude zoos, carnivals, expositions, miniature golf courses, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferns wheels, children's rides, roller coasters, skating nnks, ~ce nnks, travehng shows, bowhng alleys, ~ndoor shooting ranges, and slmdar enterprises. Sexually-oriented Businesses and Nightclubs are excluded from this defimbon. Cnmmleelon-' The Planmng and Zomng Commission of the Oty of College Station, Texas. Common Open Space: A parcel or parcels of land or an area of water, or a combination of land and water w~th~n a development s~te prowded and made legally avmlable for the use and enjoyment of residents of a proposed pro]ect. Common Property== A parcel or parcels of land, together w~th the ~mprovements thereon, the use and enjoyment of which are legally shared by the owners and occupants of the ~ndlvldual budding sites ~n a Planned Umt. Community Services: See "Pubhc Uses." Concept Plan: A written and graphic plan submitted for consideration of a Planned Development D~stnct or a Planned M~xed-Use District that md~cates In a conceptual form, the proposed land uses and their overall impact on the subject land and surrounding lands. Conditional Use: A use which may be permitted or denied in a district, on a case-by-case bas~s, subject to meeting certain cond~bons or procedures set forth m, or Imposed under, th~s UDO. 11-5 City of College Station, Texas Umfled Development Ordinance (Draft) 10/01/04 Article 11, Defimbons Secbon 11.2 Terms Construction Plans: The construction documents required to accompany the final plat according to th~s UDO of the Oty of College Station, or the budding and site plans required for the ~ssuance of a Budding Permit by the Oty of College Statmn. Co-op Housing-' A budding under ]mnt occupancy that prowdes group sleeping accommodations for more than four persons per household, where each unit may be equipped for food preparation and where some common facilities (e.g., living areas, bathrooms, d~mng areas) serve all un.ts w~th~n that budding. Corner Lot: A lot abutting upon two or more streets at their ~ntersect~ons. Country Club: Land area and buddings containing golf courses or other recreabonal faclhtles, a clubhouse, and customary accessory uses, open to members and thmr guests. Day Care - Commerclah Any faohty or premises where a total of seven (7) or more children under sixteen (16) years of age, and/or elderly adults, regularly attend for purposes of custody, care, or ~nstruct~on; and which children or elderly adults are not members of the ~mmed~ate nuclear family of any natural person actually operating the faohty or premises. Day Care - In-Home-' Any private residence where a total of six (6) or fewer persons regularly attend for purposes of custody, care, or ~nstruct~on; and which persons are not members of the ~mmed~ate nuclear famdy hwng ~n the res~denca. Nothing ~n th~s definition shall conflict w~th the prows~ons of Chapter 123 of the Texas Human Resources Code. Density-' The number of dwelling un~ts per net acre. Detention: The temporary storage and controlled release of stormwater flows. Development: Any man-made change to improved or ummproved real estate that reqmres a permit or approval from any agency of the Oty or County, includ~ng, but not hm~ted to, buildings or other structures, mining, dredging, filling, gred~ng, paving, excavation, cleanng, dnlllng operations, storage of matenals, or the subdlwslon of property. Roubne repmr and mmntenance act~wbes are exempted. Development Engineer: The head of the Engineenng D~ws~on ~n the Oty's Development Services Department. Direct-To-Home Services-' The d~stnbut~on, broadcasting, or programming of services by satelhte d~rectly to the subscriber's premises without use of ground receiving or d~stnbubon equipment, except at the subscriber's premises or ~n the upllnk process to the satellite; examples are d~rect broadcast satelhtes (DBS), multi-channel multlpo~nt d~stnbubon (MHDS), and telews~on broadcast stations (TVBS). Dormitory-' Any structure speofically designed for the exclusive purpose of housing students of a umvers~ty, college, or school, excaptlng resident staff. Drainage Area: That area, measured ~n a horizontal plane, which contnbutes stormwater flows by grawty flow along natural or man-made pathways to a s~ngle designated point along a pathway. Drainage Easement: An Interest ~n land granted to others for mmntenanca of a drelnage faohty, on which certmn uses are prohibited; and prowd~ng for the entry and operabon of machinery and vehicles for mamtenanca. Drainage Facility: Any element necessary to convey stormwater flows from ~ts ~n~bal contact w~th earth to ~ts dlspos~bon ~n an ex~stlng watercourse; smd drainage faohbes shall consist of both public and private storm sewers (closed conduits), streets, ~mpreved channels constructed In conformity w~th the adopted Drmnage Policy and Design Standards, unimproved dre~nageways left in their natural cond~bon, areas covered by drmnage easements for the purpose of prowd~ng concentrated or overland sheet flow, and all appurtenances to the foregoing, 11-6 Oty of College Station, Texas Un~fied Development Ordinance (Draft) 10/01/04 Arbcle 11 Definitions Section 11 2 Terms ~nclud~ng ~nlets, manholes, .luncbon boxes, headwalls, energy d~sslpaters, culverts, etc. Drainage System, Primary-' The system of natural watercourses, ~mproved or channelized watercourses; and all closed condmts, culverts, bridges, detention fac~hbes, and retenbon faclhbes assooated with the watercourses; all of which are shown or ~nd~cated ~n the Drmnage Policy and Standards. Drainage System, Secondary: The system of conveyance of rainfall from the pmnt that ~t becomes concentrated flow to the pmnt where ~t reaches the primary drmnage system. Th~s system ~ncludes all swales, d~tches, m~nor channels, streets, gutters, inlets, culverts, detention or retention faclhtles, or other means of conveyance of stormwater flows. Duplex Dwelling: A res~denbal structure prewd~ng complete, ~ndependent hwng fac~hbes for two separate fam~hes, including permanent prowsmns for hwng, sleeping, cooking, eating, and samtat~on m each umt. Dwelling Unit (DU): A res~denbal unit prowdmg complete, independent hwng fac~hbes for one family including permanent prowsmns for l~wng, sleeping, cooking, eating, and sanitation. Earth Change= A man-made change ~n the natural cover or topography of land, including cutting or filling activities, which may result in or contribute to soil erosion or sedimentation. Easement: A grant of reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be Included ~n the conveyance of land affected by such easement. Easement, Maintenance: A private easement that Is dedicated by plat speofically for zero lot hne construction ~n a s~ngle-fam~ly res~denbal development. Nmntenance easements shall be a m~mmum of 7.5 feet ~n w~dth. Per Ordinance No. 2713 dated f4arch 25, 2004 Educational Facility, Znstructlon Indoor: Any faohty or premises regularly attended by one or more persons for the purpose of instruction. All instruction and activity must be fully contained w~thm the building. Such types of instruction include classes m acting, art, dance, music, photography, and martial arts. Educational Facility, Instruction Outdoor: Any facility or premises regularly attended by one or more persons for the purpose of instruction. Activities are allowed outside of a budding. Educational Facility, Primary and Secondary: Any pubhc or private school hcensed by the State which ~s designed, constructed, or used for education or instruction of students below the age of 20. Educational Facility, Tutoring: Any facihty or premises regularly attended by one or more persons for the purpose of instruction. All ~nstructlon and acbwty must be fully contained w~thm a braiding. Educational Facility, Vocational/Trade: Any pubhc or private secondary or higher educabon facility pnmanly teaching usable sk~lls that prepare students for jobs m a trade and meeting the state requirements as a vocabonai faollty. All ~nstrucbon and actw~ty must be fully contained w~thin the braiding. Educational Facility, College/University: A college or umvers~ty authonzed by the State to award degrees. Elevation: The vertical d~stanca from a datum, usually the NGVD, to a point or object. If the elevabon of point A ~s 802.46 ft., the point ~s 802.46 ft., above some datum. Encroachment: An intrusion, obstrucbon, or other infringement on an area reserved for a speoflc purpose such as an easement or floodway. 1:L-7 City of College Stabon, Texas Umfied Development Ordinance (Draft) 10/01/04 Article 11, Defin~bons Section 11.2 Terms Engineer: A person duly authorized and hcensed under the provisions of the Texas Eng~neenng Registration Act, to practice the profession of eng~neenng. Enhanced Paving: Earth toned (not gray) decorabve pavers, stamped concrete, or dyed concrete. Erosion: The process whereby the surface of the earth ~s broken up and carried away by the acbon of wind, water, gravity, ~ce, or a combination thereof. Escort: A person who, for consideration as part of a business enterprise, agrees, offers to, or models hngene, performs a striptease, or performs nude or sem~-nude for another person at a location other than a sexually-oriented bus~ness. Escort Agency: A person or business enterprise that furnishes, offers to furmsh, or adverbses to furmsh, for consideration, escorts who perform any escort services ~n the Oty. An escort agency that advertises or holds Rself out ~n s~gnage ws~ble from the pubhc right-of-way as "X ", "adult", or "sex" shall be considered an ~Adult Retad Store." Excavation: Any act by which sod or rock ~s cut ~nto, dug, quarried, uncovered, removed, displaced, or relocated purposely by man and shall be taken to ~nclude the cond~bons resulbng therefrom. Existing Conatruction: Structures for which the "start of construction" commenced before the effective date of the F~RM. "Existing construction" may also be referred to as "ex~sbng structures." Existing Development: Any development as defined above which existed or was permitted prior to the date on which th~s UDO became effective. Existing Tree: Any self supporbng woody plant, w~th one or more well-defined trunks, two inches (2") ~n d~ameter or greater at one foot above the ground. Extended Care Facility, Convalescent Home, or Nursing Home: A budding, or port~on thereof, used or designed for the housing of the aged, and/or mentally or physically hand~capped persons who are under dally medical, psychological, or therapeubc care; prowded that th~s defln~bon shall not Include rooms m any res~denbal dwelling, hotel, or apartment hotel not ordinarily Intended to be occupied by smd persons. Exterior Side Yard: A yard that faces and ~s parallel to a s~de street. Extraterritorial Jurisdiction: W~th~n the terms of the Texas Mumopal Annexation ACt, the un~ncorporatad area, not a part of any other oty, which ~s contiguous to the corporate limits of the CRy of College Stabon, the outer boundaries of which are measured from the extremities of the corporate hm~ts of the c~ty, outward for such d~stances as may be sbpulated ~n the Texas Mumclpal Annexabon Act, In which area, w~thln the terms of the act, the Oty may enJmn the wolabon of ~ts subd~ws~on control previsions. Facade Work: The removal, or replacement, substitution or change of any material or architectural element on the exterior face of a budding, which ~ncludes, but ~s not hm~ted to, painting, material change, awning or canopy replacement, slgnage, or other permanent ws~ble facade treatment. Family: A famdy ~s one or more persons occupying a s~ngle dwelhng umt, provided that unless all members are related by (1) blood, (2) adoption, (3) guardianship, (4) marriage, or (5) are part of a group home for d~sabled persons, no such famdy shall contain more than four persons. Per Ordinance No. 2753 dated September 23, 2004 Federal Emergency Hanagement Agency (FEMA): An agency of the Federal Insurance Admm~strabon which administers the National Flood Insurance Program. 11-8 City of College Station, Texas Unified Development Ordinance (Draft) 10/01/04 Article 11. Deflmtlons Secbon 11.2 Terms Feeder Line: Any line, w~re, or cable and appurtenances which d~stnbutes, transmits, or dehvers a ubhty service from a source to a general area or to multiple developments, and not to a speofic end user. Field Size: That port~on of a driving range property measured from the tee boxes to the end of the dnwng range area of the s~te. Per Ordinance No. 2753 dated September 23, 2004 Filed: The point at which an apphcabon has been determined to be complete and all required fees have been paid. Flood or Flooding: A temporary rise m the level of water that results m inundation of areas not ordinarily covered by water from: (1) The overflow of ~nland or t~dal waters; or (2) The unusual and rep~d accumulabon or runoff of surface waters from any source. Flood Hazard Boundary Nap (FEIBf4)-- An official map of a commumty, ~ssued by the Federal Insurance Adm~nlstrabon, where the areas within the boundaries of special flood hazards have been designated. Flood Zneurance Rate Nap (FZRN)-- An offioal map of a commumty, on which the Federal Insurance Adm~mstrabon has dehneated both the areas of speoal flood hazards and the risk premium zones apphcable to the commumty. Flood Zne,,rance Study-' The official report provided by the Federal Emergency Nanagement Agency. The report contmns flood profiles, the water surface elevabon of the base flood, as well as the Flood Hazard Boundary Floodway Nap. Floodplain or Flood-Prone Area: Any land suscepbble to being ~nundated by water from any source (see defimbon of flooding). Flood Protection Syetem: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding ~n order to reduce the extent of the areas within a commumty sub3ect to "special flood hazard" and the extent of the depths of assooated floodtng. Such systems typically ~nclude hurricane bdal barriers, dams, reservoirs, levees or d~kes. These speoahzed flood modifying works are those constructed ~n conformance w~th sound eng~neenng standards. Floodway: The channel of a nver or other watercourse and the adjacent land areas that must be reserved ~n order to d~scharge the base flood w~thout cumulabvely Increasing the water surface elevabon more than one foot. Floodway, Zere-rlee.' The channel of a stream and that port~on of the adJo~mng floodplmn which ~s necessary to contmn and d~scharge the base flood flow without any measurable ~ncrease ~n flood height. A measurable ~ncrease In base flood hmght means a calculated upward rise ~n the base flood elevation, equal to or greater than .01 foot, resulbng from a comparison of ex~sbng conditions and changed conditions d~rectly attributable to development ~n the floodplmn. Th~s defimbon ~s broader than that of the FEMA floodway, but always ~ncludes the FEMA floodway. The boundaries of the [00-year floodplmn are considered the boundaries of the zero-rise floodway unless otherwise dehneated by a sensitive area special study. Floodway Fringe-' That part of the base floodplmn outside the floodway. Floor Area Ratio.' Floor Area Rabo (FAR) ~s a non-res~denbal land use ~ntens~ty measure analogous to density. [t ~s the sum of the areas of several floors of a building compared to the total area of the s~te. Fraternity or Sorority: An orgamzat~on of university students formed chiefly to promote fnendsh~p and welfare among the members. 11-9 City of College StaUon~ Texas Umfied Development Ordinance (Draft) 10/01/04 Article 11 Defln~bons Section 1:!..2 Terms Fraternal Lodge: A structure where a group of people meet who are orgamzed for a common interest, usually cultural, rehgmus, or entertainment with regular meetings, rituals, and formal wr. ttan membership. Garage, Commercial: Any premises or structure w~th enclosed work area for servicing and repmr of four or more standard s~ze automobiles or hght (standard s~ze) trucks, or for one or more vehicles of larger s~ze, or where any number of vehicles are kept for remunerabon, h~re or sale, and where motor vehicle fuels and supphes may be sold as a secondary use. Gated Community: A res~denbal area reqmnng mandatory membership ~n a Homeowners Assooabon (HOA) and hawng ~ts primary means of access controlled by an electric or manual gate administered by the HOA. Government Facilities: A building or structure owned, operated, or occupied by a governmental agency to prewde a governmental service to the pubhc. Grading: Any act by which stol ~s cleared, stripped, stockpiled, excavated, scarified, filled, or any combmabon thereof. Greenway: A hnear open space that follows natural features like the floodplains of creeks and rivers or human-made features such as utility, road, or rml corndors. Greenway - Rural: The least developed Greenway typically located on the periphery of the developed commumty. Th~s Greenway exists mostly In a natural state w~th the primary funcbons being flood control, wddhfe pretecbon, and aesthebc value. Th;s Greenway ~s defined by the enbre w~dth of the floodplain. Greenway - Suburban: These are the greenways located m the developing port~ons of the commumty. The primary functions served by th~s Greenway are flood control, recreation, transportation, and economic and aesthetic purposes. Greenway - Urban: The most highly developed Greenway located m fully developed areas of the commumty. The primary functions served by th~s greenway are flood control, recreatmn, transportatmn, and economic and aesthebc purposes. Greenways Manager: The "Greenways Manager" of the Oty of College Station. Groundcover: A spreading plant including sods and grasses less than 18 roches m height. Group Home: A home serving s~x or fewer mentally or physically hand~capped persons prowded the home provides care on a 24-hour basis and ~s approved or hcensed by the State for that purpose. A group home shall be considered a s~ngle-fam~ly home and ~s defined pursuant to Chapter 123 of the Human Resources Code. Per Ordinance No. 2753 dated September 23, 2004 Health Care Facility: A faolity or ~nsbtubon, whether public or private, principally engaged In providing services for health maintenance, diagnosis or treatment of disease, pain, ~nJury, or deformity of physical cond~bons. This defln~bon does not ~nclude a medical chmc or hospital as defined here~n. Health Club/Sports Facility: A budding designed and equipped for the conduct of sports, or exercise, or other customary and usual recreabonal actlwt~es, operated for profit or not for profit and which ~s open only to members and guests of the club or fac~hty. Height: The vertical d~stance from the estabhshed grade at the center of the front of the structure to the h~ghest point of the roof surface ~f a fiat roof, to the deck hne for mansard roofs, and to the mean height level between eaves and ridge for gabled, h~p, and gambrel roofs. Home Occupation: An occupabon, profession, activity, or use that Is clearly a customary, modental, and secondary use of a resldenbal dwelhng umt and which does not alter the exterior of the property or affect the resldenbal character of the neighborhood. Hospital or Sanitarium: A building, or porbon thereof, used or designed for the medical or surgical treatment of the s~ck, mentally ~11, or ~nlured persons, and ~nclud~ng as an 11-10 Oty of College Station, Texas Umfied Development Ordinance (Draft) 10/0~./04 ArUcle 11 Defimbons Section 11 2 Terms ~ntegral part, related facilities such as laboratories, outpatient facdlties, or training faohbes; prowded that th~s defimbon shall not ~nclude rooms In any resldenbal dwelling, hotel, or apartment hotel not ordinarily ~ntended to be occupied by smd persons. Hotel/Hotel/Extended Stay Facility-' A budding, or group of buddings, used or Intended to be used as hwng quarters for transient guests, but not excluding permanent guests, and may ~nclude a cafe, drugstore, clothes presmng shop, barber shop, or other service faohtles for the guests for compensation. A transient guest Is any ws~tor or person who owns, rents, or uses a lodging or dwelhng unit, or a portion thereof, for less than 30 days and whose permanent address for legal purposes Is not the lodging or dwelhng unit occupied by the wsltor. Zmpervious Surface: Impervious surface ~s a measure of land use ~ntens~ty and ~s the proportion of a s~te occupied by ~mpervmus surfaces mcludmg, but not hm~ted to, buddings, s~dewalks, drives, and parkmg. Zndustrlal (Light): A use engaged m the manufacture, predominantly from prewously prepared materials, of fimshed products or parts, mcludmg processmg, fabrlcabon, assembly, treatment, packaging, inodental storage, sales, and d~stnbutmn of such products, but excludmg basic mdustnal precess~ng. Industrial (Heavy): A use engaged m the basic processmg and manufacturing of materials or products or parts, predommantly from extracted raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturmg processes that potentially involve hazardous or commonly recogmzed offenswe condmons. Zrrlgatlon System: A permanent, art~floal watenng system designed to transport and d~strlbute water to plants. Land Use: A use of land which may result m an earth change, mcludmg, but not limited to, subdivision, residential, commercial, industrial, recreational, or other development, private and pubhc highway, road and street constructmn, drainage construcbon, logging operabons, agricultural pracbces, mi and gas exploration, exploitabon, extracbon and mimng. Lateral Line: Any hne, w~re, or cable and appurtenances used to d~stnbute, transmit, or dehver service from a feeder hne to two or more s~tes or end users of the utd~ty serwce w~thin a specific development. Levee: A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to prowde protectmn from temporary floodmg. Levee System: A flood protectmn system which consists of a levee, or levees, and associated structures, such as closure and drmnage dewces, which are constructed and operated ~n accordance with sound engmeenng practice. Lot: The phymcal and undivided tract or parcel of land as shown on a duly recorded plat. The following represent the various platted lot types: (1) Corner Lot: A lot located at the mtersectlon of and abuttmg upon two or more streets. ti-3.). Unified Development Ordinance (Draft) --'l .,... Oty of College Stabon, Texas ).0/01/04 Article 1~. Defin~bons Secbon 1! 2 Terms (2) Double Frontage or Through Lot.' A lot, other than a corner lot, which has frontage on more than one street. (3) Flag Lot: A lot not fronting on or abutbng a pubhc road and where access to the pubhc road is by a narrow, private right-of-way. (4) :Interior Lot-' A lot other than a corner lot. Lot Area: The horizontal land area within lot hnes, excluding any wetlands and/or drainage easements. Lot Line Construction.' A development where houses on a common street frontage are shifted to one side of their lot to maximize s~de yard area on the opposite side of the lot. Planning for all house Iocabons are done at the same time to ensure proper budding separebons. Lot of Record: A part of a recorded subdlws~on or a parcel of land that exists as shown or described on a plat or deed ~n the records of the local registry of deeds. Lot Width.' Lot width ~s measured between s~de lot hnes along a line that is parallel to the front lot line or its chord and that ~s located the m~nlmum front setback d~stance from the front lot hne. Loweet Floor-' The lowest floor of the lowest enclosed area (Including basement). An unflmshed or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, ~n an area other than a basement area, ~s not considered a butld~ng's lowest floor, prowded that such enclosure is not built so as to render the structure ~n wolatlon of the applicable non-elevation design reqmrements of this UDO. I~ajor Recreational Equipment: For the purpose of these regulations, ma]or recreational equipment ~s defined as ~ncludlng boats and boat trmlers, travel trmlers, p~ck-up campers or coaches (designed to be mounted on automobve vehicles), motorized dwelhngs, tent trailers, and the hke, and cases or boxes used for transporting recreational equipment, whether occupmd by such equipment or not. No such equipment shall be used for hwng, sleeping, home occupation or household purposes when parked or stored on a residential lot or In any location not approved for such use. Iqanufactured Home= A structure constructed after June 15, 1976, according to the rules of the Umted States Department of Housing and Urban Development, transportable ~n one or more secbons, which, ~n the traveling mode, ~s eight body feet or more ~n w~dth or 40 body feet or more m length, or, when erected on s~te, Is 320 or more square feet, and which ~s budt on a permanent chassis and designed to be used as a dwelhng w~th or w~thout a permanent foundabon when connected to the reqmred ubhtles, and Includes the plumbing, heating, alr-cond~tlomng, and electrical systems. The term does not ~nclude a recreabonal vehicle as that term ~s defined by 24 Code of Federal Regulations, Section 3282.8(g). Manufactured Home Lot: A parcel of land m a manufactured home park for the placement of a s~ngle HUD-code manufactured home and the exclusive use of ~ts occupants. I~lanufactured Home Park= A parcel of land under s~ngle ownership that has been planned and ~mproved for the placement of HUD-code manufactured homes for non-transmnt use, Hanufacturlng and Production: See "[ndustnai, bght and Heavy." Iqassage Establishment: A business enterprise offenng massage conducted by persons engaged m the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry, or massage therapy for which they are hcansed by the State of Texas, or persons under the d~rect supervision and control of such licensed persons. 11-12 Oty of College Stabon, Texas Unified Development Ordinance (Draft) ].0/01/04 Article 11. DefinltlOrIS Section 11 2 Terms Maximum Density: This is a gross density calculation. It IS the total number of dwelhng umts on a site or in a subdivision d~wded by the total land area (~n acres) of the s~te or subd~ws~on. Mean Sea Level: The National Geodettc Vertical Datum (NGVD) of 1929 or other datum, to which the base flood elevations shown on a commumty's Flood [nsurance Rate Map are referenced. Medical Clinic: See "Clinic." Minimum Lot Width: Lot W~dth at the front setback hne. Mobile Home: A structure that was constructed before June 15, 1976, transportable m one or more sections, which, in the traveling mode, ~s mght body feet or more m w~dth or 40 body feet or more m length, or, when erected on site, is 320 or more square feet, and which ~s budt on a permanent chassis and designed to be used as a dwelhng w~th or without a permanent foundabon when connected to the required utihtles and includes the plumbing, heating, mr-condlbonmg, and electrical systems. Model Home: A dwelhng unit budt by a budder or developer to allow potenbal purchasers to see what the finished product wdl look like. Multi-Family Dwelling: A resldenbal structure prowdlng complete, independent hwng faclht~es for three or more famd~es or households Iwmg independently of each other and mdudmg permanent prowslons for hwng, sleeping, cooking, eating, and saturation In each umt. Condominiums are included m th~s deflmt~on. National Flood Znaurance Program: The Nabonal Flood insurance Program (NFTP) ~s a federal program enabhng property owners to purchase flood insurance. Th~s program ~s based on an agreement between local commumties and the federal government that If a commumty will ~mplement programs to reduce future flood damages, the federal government will make flood msurence avmlable within the community as a financial protection against flood losses. The United States Congress estabhshed the NFIP w~th the National Flood insurance Act of 1968 and later modified and broadened the program. The NF[P ~s admlmstered by the Federal Emergency Management Agency (FEMA). National Geodetic Vertical Datum (NGVD): The nationwide reference surface for elevabons throughout the Umted States made available to local surveyors by the Nabonal Geodebc Survey w~th the estabhshment of thousands of benchmarks throughout the continent, it was obtained through a least-squares adjustment in 1929 of all first-order leveling m the United States and Canada. The adjustment included the 26 t~de stabons, and thus referenced the NGVD to mean sea level. Natural: The cover and topography of land before any manmade changes, or tn areas where there have already been manmade modifications, the state of the area and topography of land at the date of the adoptmn of th~s UDO. New Construction: For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a commumty. Night Club: A commercial estabhshment including, but not limited to, bars, coffee houses, or stmdar estabhshments where a dance floor, music, games, or other entertainment ~s prowded and where the serwng of food Is not the prmopal business. 5peofically included m th~s classification are estabhshments that derive 75% or more of their gross revenue from the on-premise sale of alcohohc beverages. Sexually-oriented Businesses/Enterprises are not included in th~s deflnibon. Non-Combustible Material: As defined in Chapter Two of the Internatmnel Res~denbal Code as adopted and amended by the City of College Station Oty Council. Per Ordinance No. 2713 dated March 25, 2004 Non-Canopy Tree: See "Tree, Non-Canopy." 11-13 Oty of College Station, Texas Umfled Development Ordinance (Draft) 10/01/04 Article 11. Definlbons Section 11.2 Terms Northgate District definitions (applicable only to development In Northgate): Redevelopment: The rewslon or replacement of an ex.sting land use or ex.sting s~te through the acqmsltmn or consohdation, and the clearance and rebuilding of this area accord,ng to the Nor~hgata Redevelopment Plan. Site Development: Any excavation, landfill or land d~sturbance, including new construction, reconstruction, relocation, or change of use. For the purposes of the Northgate Districts only, stte development includes mstallabon of walls, accessory structures, and other s~m~lar add~bons. Rehabilitation: The process of returning a structure to a state of ubhty, through repmr or alteration, which make possible an efficient contemporary use wh~le preserving those porbons and features of the property which are s~gn~flcant to ~ts h~stonc, architectural, and cultural value. Fag~ade Work: The removal, or replacement, subsbtutlon or change of any material or architectural element on the exterior face of a budding, which ~ncludes, but ~s not hmlted to, pmnt~ng, material change, awning or canopy replacement, s~gnage, or other permanent ws~ble facade treatment. Minor Site/Building Projects: The add~bon, mmntenance, and/or replacement of minor budding or s~te elements, mcludtng such actions related to storage braiding(s), screening, fencing, and refuse contmners. This also includes requests for changes ~n serwce for dumpster and other refuse receptacles. Nude: The showing of the human male or female gemtals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covenng, or the showing of the covered male genitals ~n a discernibly turgid state. Nude Modeling Studio: Any place where a person who appears ~n a state of nudity or d~splays "specific anatomical areas" ~s provided to be observed, sketched, drawn, pmnted, sculptured, photographed, or s~mllarly depicted by other persons who pay money or any form of consideration. Office: A room or group of rooms used for conducting the affmrs of a bus~ness, profession, service, ~ndustry or government and generally furnished with desks, tables, files, and communication equipment. One Ownership: Property which although belonging to one or more owners, has not been partitioned or subd~wded so as to be owned separately by more than one person, whether or not related or parbclpat~ng m a joint enterprise. Outdoor Storage: The keeping, In an unenclosed area, of any goods, Junk, matenal or merchandise ~n the same place for more than twenty-four hours and not actively bmng sold. Outdoor Display: The placement of goods for active sale outside the building. Overlay: A zoning d~stnct that encompasses one or more underlying zones and that ~mposes additional reqmrements above those required by the underlying zone. Pad Site: The porbon of a building plot that ~s located on the periphery of the s~te and has at least 75 feet of frontage on a pubhc street classified as a collector or greater on the Thoroughfare Plan. A pad site contmns a stand alone, s~ngle or multiple tenant structure and meets all s~te plan requirements w~thln the pad s~te area. The total area of all pad s~tes w~thm a defined building plot may not be more than 1/3 of the total area of the braiding plot. Per Ordinance No. 27S3 dated September 23, 2004 Parking, [nterlor: Parking rows which are not located on the per, phery of the proposed project s~te and further, where none of the parking spaces abut any property hne assooated with the proposed project site. 11-14 City of College S~bon, Texas Unified Development Ordinance (Draft) 10/01/04 Arbcle ],:!.. Defimbons Secbon .I.Z.2 Terms Parking, Peripheral: Parking rows which abut the periphery or property lines associated w~th the proposed pro]ect site. Parking, Row, Single: A s~ngle row of spaces for the parking of motor vehicles. Parking, Row, Double: Two parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle. Parking, Side or Rear Yard: Required parking that Is provided, In ~ts entirety, behind a setback line of one-half of the apphcable zomng d~stnct's m~nlmum lot depth. Per Ordinance No. 2753 dated September 23, 2004 Parking Space: A space used for the parking of a motor vehicle not on the paved or regularly traveled port,on of a pubhc street or within private access easements and which meets the requirements of this UDO as to s~ze, location, and configuret~on. Pasturage: Land used primarily for the grazing of animal stock. Pavement Width: The port~on of the surface of the street avmlable for vehicular traffic; where curbs are used, ~t ~s the port.on between the back of curbs. Permitted Uae: A use specifically allowed ~n one or more of the various d~stncts w~thout the necessity of obtmnlng a use permit. Person: Every natural person, firm, partnership, .lolnt venture, association, corporation, or other group which conducts act~wt~es regulated hereunder as a single entry, whether same be a legal entity or not, venture, or trust. Personal Service Shop: An estabhshment which prowdes services related to grooming, appearance, care, or repmr of personal apparel; and which may sell products used or recommended for those same purposes incidental to the services prowded. Place of Worship: A building or structure, or group of buddings or structures, that by design and construcbon are primarily ~ntended for conducbng orgamzed rehg~ous services and assooated accessory uses. Planning and Zoning Commlaaion: The duly appointed Planmng and Zoning Commission of the Oty of College Station, Texas. Plat: A map of a subdivision showing the location and boundaries of ~nd~wdual parcels of land subd~wded ~nto lots, w~th streets, alleys, easements, etc., usually drawn to scale; ~ncludes a prehmlnary plat, final plat, replat, amending plat, minor plat, development plat, and vacating plat meebng the requirements of Secbon 8. Plat, Major: A subd~ws~on ,nvolvlng five or more lots which may or may not front on an existing street and may or may not reqmre the creation of any new street or the extension of mumopal ut~hbes. Plat, Minor: As defined by Secbon 212.0065 of the Texas Local Government Code. A subdw~s~on ~nvolwng four or fewer lots fronting on an ex~st;ng street and that does not require the creabon of any new street or the extension of mumopal faohtles. Plot Plan: See "Site Plan." Premlaes: An area of land planned and designed as a s~ngle comprehensive project, considered from the t~me the plan ~s first submitted to the Development Serv;ces Department e~ther at plat stage or site plan stage. Project Plan: Drawings and related mformat~on ~llustratmg a proposed project for which a use perm;t, site plan permit, or parking area/landscape approval ~s sought. Public Uaea/Facllitlea: A use or facd~ty belonging to or used by the public for the transaction of pubhc or quas~-pubhc bus~ness Including, but not hm~ted to, uses such as and s~mdar to hbrarles and pubhc parks. Recyclable Materials: Those materials specifically hsted at a particular s~te as acceptable. Such materials may ~nclude, but are not limited to, aluminum products, clean glass 11-15 Oty of College Station, Texas Unified Development Ordinance (Draft) 10/01/04 Article 11 Definitions Section 11.2 Terms containers, b~metal containers, newspapers, magazines, periodicals, plasbc contmners, yard waste, paper and cardboard, phone books, and scrap metal. Recycling-' The separabon, collecbon, processing, recovery and sale of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as sohd waste, which are ~ntended for reuse, re-manufacture, or re-consbtubon for the purpose of using the altered form. Recycling Bin-- A contmner used to collect recyclable materials, at which no fee ~s collected from the person depositing the materials. Recycling Facility - Large-- A recychng facdlty located on an ~ndependent s~te, or larger than 500 square feet, where limited mechamcal processing may or may not occur, depending on the zomng district ~n which the facd~ty ~s located. Recycling FacUlty - Small-- A facd~ty that occupies no moro than 500 square feet, and prowdes containers for collecbon only of source separated recyclables, with no power-driven processing eqmpment on s~te. Small collection fac~ilbes are normally located on parking lots of the host use. These may ~nclude, but are not hmlted to, bulk reverse vending machines, a grouping of reverse vending machines that exceed 50 square feet, k~osk-type structures that may Include permanent structures, and unattended recychng b~ns placed for the donation of recyclable materials. Redevelopment-- The rews~on or replacement of an ex~sbng land use or ex~sbng site through the acqms~t~on or consohdabon, and the clearance and rebuilding of th~s area according to a comprehensive plan. Registered Professional Engineer-' A person duly authorized and licensed under the prows~ons of the Texas Engineenng Practice Act, to practice the profession of englneenng. Rehabilitation-' The process of returmng a structure to a state of ubhty, through repair or alteration, which make possible an efficient contemporary use whde preserving those porbons and features of the property which are s~gmficant to ~ts h~stonc, architectural, and cultural value. Related-- Persons are related when they are within the first or second degree of consangu~mty or affinity. Persons are not related by afflmty unless lawfully married, and any asserted common law marriage must be subject to an affldawt of record under the famdy code, or a judicial determ~nabon. Religious Institution-' See "Place of Worship." Repair Shops-- A shop exclusively for the repmr of household goods and home equipment, w~thm a budding w~th no outdoor storage of Items or equipment, and where no no~se, dust, or wbrebon ~s d~scermble beyond the property hne. Replat-' A replat ~s required ~n cases where new lots are formed w~th~n an ex~sbng subdlws~on. A replat follows the procedure for a final plat and must conform w~th applicable zomng. Research Laboratory-- An establishment or facd~ty used for carrying on Invesbgatlon ~n the natural, physical or social sciences, which may ~nciude eng~neenng and product development. Residential Sales Office-- See =Model Home." Restaurant-- An establishment that serves food and beverages primarily to persons seated w~th~n the budding. Th~s ~ncludes, but is not hmlted to, cafes, tea rooms, and outdoor cafes. Restaurants - Fast Food.' An establishment that offers qu~ck food which ~s accomphshed through a limited menu of ~tems already prepared and held for service, or prepared quickly. Orders are not generally taken at a customer's table and food ~s generally served ~n d~sposable wrapping or contmners. 11-16 C~ty of College Station, Texas umfled Development Ordinance (Draft) 10/01/04 Article 1~.. Defimbons Secbon 1~. 2 Terms Retail Sales: Establishments engaged in selhng goods or merchandise to the general public for personal or household consumpbon and rendering services modental to the sale of such goods. Retention: The storage of stormwater flows In a faohty that has a permanent pool of water. Retention Facility: A facihty that prev~des for the storage of stormwater flows by means of a permanent pool of water or permanent pool m conJuncbon w~th a temporary storage component. Reverse Vending Machine: An automated mechamcal dewca which accepts at least one or more types of beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and which ~ssues a cash refund or a redeemable credit shp. Sorting and processing occurs entirely w~th~n the machine. Reverse Vending Machine - Bulk: A reverse vending machine that ~s larger than 50 square feet and is designed to accept more than one container at a t~me and to pay by weight. For the purpose of these restrictions, bulk reverse vending machines will be considered small collecbon faoht~es. Reverse Vending Machine - Single Feed: A reverse vending machine that accepts materials one ~tem at a time. Rooming/Boarding House: A group of rooms provided for persons other than members of the occupant famdy (see defimbon of family) for compensation e~ther m a converted smgle-famdy home or m a structure specifically designed for such purpose where there are no cooking faohties prowded m individual hwng units and where meals may be prowded dmly. Salvage Yard: A faclhty or area for storing, keeping, selling, d~smantllng, shredding, compressing, or salvaging material or eqmpment. Materials include, but are not hm~ted to, lumber, p~pes, metal, paper, rags, bres, bottles, motor vehicle parts, machinery, structural steel, equipment/vehicles, and apphancas. Satellite Dish: A broadcast receiver that receives s~gnals directly from a satelhte rather than another broadcast system, and amphfies the s~gnal at a focal point m front of the rece~wng component. School: A braiding where persons regularly assemble for the purpose of ~nstruct~on or educabon, together with playgrounds, dormitories, stadia and other structures or grounds used m con,lunction therewith and ~s hm~ted to pubhc and private schools used for primary, secondary or college education. Th~s includes any facd~ty where tutonng of more than 10 students at one time takes place on a regular bas~s. Sediment: So~ls or other surflcial materials transported or deposited by the acbon of wind, ~ce, or grawty as a product of erosmn. Service Line: Any hne, wire, or cable and appurtenances used to d~stribute, transmit, or dehver a ubhty service from a source of supply, feeder hne, or lateral hne d~rectly to an end user. Service Provider: Any company, corporation, alhance, Indw~dual, or other legal entity that prewdes a w~reless telecommumcat~on service d~rectly to the pubhc for a fee or to such classes of users as to be effecbvely avmlable directly to the pubhc regardless of the faohties used; services include, but are not hm~ted to, portable phones, car phones, pagers, digital data transmission, or redm or television communicabons. Setback Line: A hne which marks the m.mmum d~stance a structure must be located from the property hne, and estabhshes the minimum reqmred front, s~de, or rear yard space of a budding plot. Sexually-Oriented Books and Videos: Books, magazines, pamphlets, p~ctures, drawings, photographs, video tapes, d~gltal wdeo d~sks, mobon picture films, or sound recordings, or pnnted, wsual or audio material of any k~nd, which are characterized 11-17 City of College Stabon, Texas Un~fled Development Ordinance (DraR) 10/01/04 Arbcle 11 Defln~bons Section 11 2 Terms by their emphas~s on the descnpbon or depiction of specified anatomical areas or speofled sexual act~wbes. Sexually-Oriented Business: Any bus~ness whether ~n pubhc, sem~-pubhc, or private premises which offers the opportunity to feel, handle, touch, pmnt, be ~n the presence of, or be entertmned by the unclothed body or the unclothed portion of the body of another person, or to observe, wew, or photograph any such actw~ty. Except as prowded here~n, th~s defimbon ~s not ~ntended to regulate: a. Any bus~ness operated by or employing hcensed psychologists, hcensed physical therapists, licensed athlebc trmners, licensed cosmetologists, or hcensed barbers performing functions authorized under the hcenses held. b. Any bus~ness operated by or employing hcensed phys~oans, hcensed practical nurses, or hcensed ch~mprectors engaged In prect~c~ng the heahng arts. c. Any bookstore, movie theater, or video store, unless that business includes sexually-oriented materials. Sexually-oriented businesses ~nclude, but are not hm~ted to, adult retail stores, hm~ted adult retml stores, adult arcade, adult cabarets, adult mowe theaters, adult theaters, adult motels, body rub parlors, nude modeling studios, sexual encounter centers, and escort agencies. Sexually-Oriented Materials: All sexually-oriented toys and novelbes and sexually- oriented books and wdeos. Sexually-Oriented Toys and Novelties: Instruments, dewces, or paraphernalia rather designed as representabons of human gemtal organs or female breasts, or designed or marketed primarily for use to stimulate human gemtal organs, except medical devices approved by the Food and Drug Adm~mstrebon. Shopping Center: A braiding plot developed or ultimately to be developed w~th two or more stores, shops, or commeroal enterprises, and which has shared parking facihbes or access. Per Ordinance No. 2753 dated September 23, 2004 Shooting Range: A facdlty to be ubhzed for d~scharglng firearms for purpose of tesbng the firearm or ammumbon, developing or enhancing shooter sk~lls for recreatmn or other need, which ~s organized and equipped for safety of persons utihz~ng the faohty and the general pubhc. Shrub: A woody perenmal plant d~ffenng from a perenmal herb by ~ts more woody stem and from a tree by ~ts Iow stature and habit of brenchmg from the base. Single-Family: A res~denbal umt prowdmg complete, independent hvlng fac~hbes for one family including permanent pmwsmns for hwng, sleeping, cooking, eating and sanitation. Sign: Any written or graphic representation, decoration, form, emblem, trademark, flag, banner, or other feature or dewce of s~m~lar character which ~s used for the communication of commercial information, or communication of Ideas or subjects of pohbcal s~gnlficance, and which: (1) Architectural Element: an element, design, or mobf, that Is Installed, attached, pmnted, or apphed to the exterior of a building or structure for the purpose of ornamentabon or art~sbc expression, and not relabng to a specific sign, logo, or ~denbty of any speofic bus~ness tenant. Per Ordinance No. 2753 dated September 23, 2004 (2) Apartment/Condominlum/Hanufactured Home Park Xdentlfication Sign: An attached s~gn or a freestanding monument sign w~th permanent foundabon or moonngs, designed for Idenbficabon of a multl-famdy residential project or a manufactured home park project, and where adequate provision ~s made for permanent maintenance. 11-18 Oty of College Stabon, Texas Umfled Development Ordinance (Draft) 10/01/04 Arbcle 11 Defln~bons Secbon 11.2 Terms (3) Area ]Identification Sign: A freestandfng monument or wall sign with permanent foundabon or moorings, des,geed for ~dentlficabon of subdivisions of ten to 50 acres, or ,denbficat~on of a d~stmct area within a subdiws~on, and where adequate prows~on ~s made for maintenance. (4) Attached Sign: A sign attached to, or apphed on, and totally supported by a part of a budding. (S) Banner/Flag: A p~ece of fabric used for decoration (contains no copy or logo) or for ~dentlficabon (contmns copy and/or logo). (6) Commercial Banner: A temporary s~gn made of cloth, canvas, or other flexible material which d~rects attention to a bus~ness, commodity, service, entertainment, or attraction sold, offered, or existing. Per Ordinance No. 27S3 dated September 23, 2004 (7) Commercial Sign: A s~gn which d~rects attention to a bus~ness, commodity, service, entertmnment, or attracbon sold, offered, or ex~stlng. (8) Development Sign: A s~gn announcing a proposed subdwfsion or a proposed building proJect. (9) Directional Traffic Control Sign: A sign ubhzed as a traffic control dewce m off-street parking or access areas whose primary purpose Is not for advertisement. (10) Freestanding Commercial Sign: A sign supported by one or more columns, poles or bars extended from the ground or from an ob.lect on the ground, or that ~s erected on the ground; the term includes all s~gns which are not substantially supported by a building or part thereof, or which are substantially supported by a building or part thereof, when the sole s~gmflcant purpose of the budding or part thereof, ~s to support or constitute the sign. (11) Fuel Price Sign: A s~gn used to advertise the current price of fuel at Iocabons where fuel ~s sold. (12) Home Occupation Sign: A s~gn used to ~denbfy the name and occupation of a person w~th a legal home occupabon. (13) Low Profile Sign: A s~gn w~th a permanent foundabon which ~s not attached to a budding, but ~s a stand-alone sign and which does not exceed 60 S.F. m area and four feet ~n height. (14) Non-Commercial Sign: A work of art or message which is poht~cel, rehg~ous, or pertaining to a point of vmw, expressmn, opmmn, or ~dea that contains no reference to the endorsement, advertising of, or promobon of patronage, of a business, commodity, service, entertainment, or attraction that Is sold, offered, or existing. (15) Off-Premise Commercial Sign: A s~gn which d~rects attention to a business, commodity, service, entertmnment, or attracbon sold, offered, or ex~sting elsewhere than upon the premises where such s~gn ~s displayed. (16) On-Premise Commercial Sign: A s~gn which d~rects attenbon to a business, commodity, service, entertainment, or attraction sold, offered, or existing upon the premises where such s~gn ~s d~splayed. (17) Political Sign: Any s~gn which promotes a candidate for any pubhc office or which advocates a pos~t~on on any social ~ssue as ~ts primary purpose. Pohtlcal s~gns shall be considered ~n the category of non-commeroal s.gns except where there are regulabons pertmmng to their removal after an election. (18) Portable Sign: A s~gn which Is not affixed or attached to reel property by poles, stakes, or other members which are placed into the ground, or upon some other type of permanent foundabon; trmler s~gns, any s.gn with wheels 11-19 City of College Stabon, Texas Umfled Development Orchnance (Draft) 10/01/04 Arbcle 11 Deflmbons Section J.J. 2 Terms or skids, and any s~gn which ~s constructed so as to s~t upon the surface of the ground, without subsurface attachment or extension. (19) Real Estate, Finance, and Construction Sign: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising same for sale or lease, or for advertising the furmsh~ng of ~ntenm or permanent flnanong for a preJect, or for the furmsh~ng of labor, materials or the practice of crafts on the lob s~te. (20) Roof Sign: An outdoor adverbs~ng d~splay s~gn erected, constructed, or mamtmned on the roof of a budding or which ~s wholly dependent upon a budding for support, and which projects above the point of a building with a flat roof, slx feet above the eave hne of a budding with a shed, gambrel, gable or h~p roof, or the deck hne of a budding w~th a mansard roof. (21) Special Oistrict Xclentification Sign: An official, permanent, on-premise s~gn authorized by the Oty of College Station, which ~s used to idenbfy a pedestrian or vehicular entrance to a Design D~stnct or Overlay D~strlct, as out hned ~n Article 5.6 Design D~strlcts and 5.8 Overlay D~stncts. The s~gn shall be used to d~splay only the name, logo, or ~dentlfymg mformabon about the d~stnct, and no other commercial ~nformatlon. Per Ordinance No. 27S3 dated September 23, 2004 (22) Subdivision Xdentiflcatlon Sign: A freestanding monument or wall s~gn w~th permanent concrete foundabon or moonngs, designed for permanent ~denbficat~on of a subdivision of greater than 50 acres, and where adequate prevision ~s made for permanent mmntenance. (23) Subdivision Marker: A subd~ws~on logo of no more than one square foot m area, that ~s attached to an architectural element such as a column, fence post, wall, mad k~osk, bus stop, or s~mllar community structure, and whose purpose ~s to prowde continuity and ~denbty throughout the subdiws~on. Site Development: Any excavabon, landfill or land d~sturbance, ~ncludlng new construcbon, reconstruction, relocation, or change of use. Site Plan.' A s~te development plan showing the use of the land ~nclud~ng locations of buddings, drives, s~dewalks, parking areas, drmnage facd~bes, and other structures to be constructed, and any other detmls reqmred by the Oty in Secbon 3.6, Design D~stnct $~te Plan Rewew, of th~s UDO. Also called a plot plan. Specifiecl Anatomical Area: Any showing of the human male or female gemtals, pubic area, or buttocks w~th less than a fully opaque covenng, or showing of the female breast with less than a fully opaque covenng of any portion thereof below the top of the areola, or the depiction of covered male gemtals ~n a d~scermbly turgid state. Specified Sexual Activities.' Actual or s~mulated acts of masturbabon, sexual intercourse, oral or anal copulabon or sadomasochism; fondhng or other erotic touching of or physical contact w~th one's own or another's gemtals, pubic area, buttocks, or female breasts, whether clothed or unclothed; human male or female gemtals when In a state of sexual sbmulabon or arousal; or excretory functions or acts w~th ammals as part of or ~n conjuncbon w~th any of the act~vltms set forth here~n. Act~wbes which are commonly referred to by the slang terms "lap dance," ~straddle dance," ~face dance," or ~table dance" shall be ~ncluded ~n th~s defimt~on. For purposes of this deflmtlon, "sadomasochism" means ~nfhctlon of pmn, flagellation, or torture, or the cond~Uon of being bound, fettered, or otherwise physically restrained. Start of Construction: Includes substantial ~mprovement, and means the date the budding permit was ~ssued, prowded the actual start of construcbon, repmr, reconstrucbon, placement, or other ~mprovement was w~th~n 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pounng of a slab or foobngs, the ~nstallabon of pdes, the 11-20 Oty of College Stabon, Texas Umfled Development Ordinance (Draft) 10/01/04 Arbcle 11 Deflnlbons Sc~.Liun 11 2 Terms construction of columns, or any work beyond the stage of excavabon, or the placement of a HUD-code manufactured home on a foundabon. Permanent construcbon does not include land preparation, such as clearing, grading, and filhng; nor does It ~nclude the ~nstallabon of streets and/or walkways; nor does It include excavabon for basement, foobngs, piers, or foundations or the erection of temporary forms; nor does ~t Include the ~nstallat~on on the property of accessory buddings, such as garages or sheds not occupied as a dwelhng umt and not part of the mmn structure. State-' The State of Texas. Stealth Antenna: A telecommumcet~on antenna located on an alternative mounbng structure that ~s effectively camouflaged or concealed from view and blends ~nto the surrounding enwronment. Examples Include architecturally screened roof-mounted antennas, budding-mounted antennas pmnted and/or textured to match the ex~sbng structure, and antennas ~ntegrated ~nto architectural elements. Per Ordinance No. 2753 dated September 23, 2004 Stealth Technology or Facility: Design technology that blends the w~reless telecommumcabons faohty ~nto the surrounding enwronment; examples of stealth facdlbes ~nclude, but are not limited to, architecturally-screened roof-mounted antennas, building-mounted antennas pmnted and/or textured to match the exlsbng structure, antennas ~ntegrated ~nto architectural elements such as church sp~res or window wall, and antenna structures designed to resemble light poles or flag poles. Stealth Tower: A man-made tree, clock tower, church steeple, bell tower, ubhty pole, hght standard, ~dent~flcabon pylon, flagpole, or s~mdar structure, that ~s camouflaged to be unrecogmzable as a telecommumcatlons faohty, designed to support or conceal the presence of telecommumcatlon antennas and blends ~nto the surrounding environment. Per Ordinance No. 2753 dated September 23, 2004 Storage Garage: A "storage garage" ~s any premises and structure used exclusively for the storage of more than five automobiles. Storage, Outdoor: See "Outdoor Storage." Storage, Self Semtlce-' A structure contalmng separate, ~nd~wdual, and private storage spaces of varying s~zes. Stormwater Management: All ordinances, standards, plans, and studies to Insure the timely and effective construcbon of: (1) a system of vegetabve and structural measures that control the ~ncreased volume and rate of surface runoff caused by man-made changes to the land; and (2) a system of vegetabve, structural, and other measures that reduce or eliminate pollutants that m~ght otherwise be carried by surface runoff. Street-' A way for vehicular traffic to move, whether designated as a h~ghway, arterial street, collector street, or local street. Street, Minor Arterlah A street that collects traffic from the collector system and connects w~th the ma]or arterial system. Street, Major Arterlah A street that collects traffic from the collector and m~nor arterial system and connects with the freeway system. Street, Collector: A street that collects traffic from local streets and connects w~th m~nor and ma]or arterials. Th~s includes m~nor and ma.lor collectors. Street, Local: A street that provides vehicular access to abutbng property. Stripping: Any act~wty which removes or sigmficantly d~sturbs the vegetative surface cover, ~nclud~ng cleanng and grubbing operabons. 11-21 Oty of College Station, Texas Unified Development Ordinance (Draft) 10/01/04 Arbcle 11 DefimUons Section 11.2 Terms Structure: Anything constructed, budt, or erected. Structure, Principal: The pnnopal structure which fulfills the purpose for which the building plot ~s ~ntended. Subdivider: Any person or persons, firm, or corporation subdtvld~ng a tract or parcel of land to be sold or otherwise handled for his own personal gmn or use. Subdivision: The dw~s~on of a lot, tract, or parcel of land ~nto two or more parts, lots, or s~tes, for the purpose, whether ~mmed~ate or future, of sale, dlws~on of ownership, or building development. Th~s also ~ncludes the resubdtws~on of land or lots which are a part of a prewously recorded subd~ws~on. D~v~s~ons of land for agricultural purposes, where no budding construction ~s tnvolved, In parcels of five acres or more, shall not be included w~th~n this defimtlon, unless such subdw~s~on of five acres or more ~ncludes the planning or development of a new street or access easement. An addlbon ~s a subdw~slon as ~s defined herren. Subdivision, Major: Any subd~ws~on of land not considered a minor subd~ws~on. Subdivisions, Minor: A dlws~on of land ~nto four or fewer lots on an existing street which does not requtre the creabon of any new street or the extension of mumopal facd~bes. Substantial Zmprovement: Any repmr, reconstruction, or ~mprovement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (I) before the ~mprovement or repmr ts started, or (2) ff the structure has been damaged and ~s being restored, before the damage occurred. For the purposes of th~s defimt~on, "substanbal ~mprovement" Is considered to occur when the first alterabon of any wall, cmhng, floor, or other structural part of the budding commences, whether or not that alterabon affects the external dimensions of the structure. The term does not, however, ~nclude e~ther: (I) any projects for ~mprovement of a structure to comply w~th ex~st~ng state or local health, samtary, or safety code speclficabons which are solely necessary to assure safe hwng condtt~ons, or (2) any alterations of a structure hsted on the Nabonal Register of H~storlc Places or a State Inventory of H~stonc Places. Surveyor: A person duly authorized and hcensed under the Texas Professional Land Surveying Practices Act to practice the profession of land surveying, e~ther as a Registered Prefess~onal Land Surveyor or a L~censed State Land Surveyor. Theater: A braiding or part of a budding devoted to showing motion p~ctures or for dramabc, dance, musical, or other hve performances. Townhouse: One of a group of no less than three, nor more than twelve, attached dwelhng un,ts, each dwelhng untt located on a separate lot and thereby d~st~ngu~shed from condomlmum units. Tree, Canopy: An overstory tree that exhibits a layer or multiple layers of branches and foliage at ~ts top or crown and extending a d~stance outward from Its trunk or trunks. Th~s tree's overall appearance ~s dominated by ~ts tall stature (often over 80'), ~ts broad canopy, and the shade that ~t produces. Tree, Non-Canopy: A tree that may reach canopy tree height, but does not have the same dominance of canopy as the canopy tree, OR an understory tree that does not reach canopy tree height, but does exhibit a s~m~lar dominance of canopy size and structure. Transmission Tower: A wireless telecommunlcabons support structure designed primarily of the support and attachment of a wireless telecommumcat~ons faohty. Transmission towers include: (1) Monopole Tower - A self-support~ng structure composed of a single sp~re used to support telecommun~cabons antenna and/or related eqmpment; 11-22 cry of College Stabon, Texas Un:fled Development Ord:nance (Draft) 10/01/04 Article 11 DeflnlUons Secbon 11 2 Terms (2) Lattice Tower - A self-supporting three or four sided, open, steel frame structure used to support telecommunlcetlons antenna and/or related equipment; and (3) Guyed Tower - An open, steel frame structure that reqmres wires and anchor bolts for support. Truck Stop: Any building, premises, or land In which or upon which a business, service, or industry involving the maintenance, servicing, storage, or repair of commercial vehicles ~s conducted or rendered, including the d~spens~ng of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and s~milar commercial vehicles. A truck stop also may ~nclude overmght accommodations and restaurant facd~bes primarily for the use of truck crews. For the purposes of th~s definition, a use ~s classified as a truck stop when more than 10 fuel pumps are used. Two-Family Home= Two dwelhng units on a s~ngle platted lot, rather slde-by-s~de or upstairs and downstmrs. Also known as a duplex. Use: The actual use(s) of a parcel of ground, whether conducted within or w~thout structures, buildings, or improvements. An unoccupied and unused structure is not a use, irrespective of its design, purpose, or utlhty. Utility Easement: An ~nterest In land granted to the Oty, to the public generally, and/or to a private utility company, for installation or maintenance of utlhtles across, over, or under private land, together w~th the right to enter thereon w~th machines and vehicles as necessary for maintenance of such ubht~es. Utility Facility: Infrastructure services and structures necessary to dehver basic ubllbes essential to the pubhc health, safety, and welfare. Th~s includes all lines and faoht~es provided by a pubhc or private agency and related to the provision, distnbubon, collection, transmission or disposal of water, storm and samtary sewage, oil, gas, power, ~nformatlon, telephone cable, electricity and other services provided by the utility. This does not include faclhbes regulated by Section 6.3.P, Wireless Telecommun~cabon Faclht~es. Variance: The modlficet~on of a speofic standard in th~s UDO. Vehicle Repair and Service Shop: Any premises or structures when used for the servicing and/or repmr of motor vehicles, including pmnt and body work, engine rebuddlng and m~nor mmntenance activities, ~rrespect~ve of commercial gain derived therefrom. Excepted from th~s definition are residential premises where not more than two motor vehicles belonging to the lawful residents thereof are revolved in such activities at any one time, and not In operating condition, or where not more than one motor vehicle, whether or not ~n operating condition, and not belonging to the lawful residents thereof is involved ~n such act~vlUes for a period of more than one week, and only one motor vehicle may be serviced and/or repmred each month. Vehicle Sales and Rental= Any premises or structures used for the sale and or rental of motor vehicles. Violation: The fmlure of a structure or other development to be fully comphant w~th the commumty's floodplain management regulations. A structure or other development without the elevabon cert~flcete, other cert~ficabons, or other evidence of comphance reqmred by this chapter ~s presumed to be ~n wolat~on untd such bme as that documentation ~s prowded. Water Surface Elevation: The height, ~n relation to the National Geodebc Vert~cel Datum (NGVD) of 1929 (or other datum If speofied), of floods of various magmtudes and frequenoes ~n the floodplmns of coastal or nvenne areas. 11-23 City of College Stabon, Texas Umfied Development Ordinance (Draft) 10/0J./04 Article 11. Deflnlbons Section 11.2 Terms Watercourse: Any natural or art~floal stream, river, creek, d~tch, channel, canal, condu~t, culvert, drmn, waterway, gully, ravine, or wash, ~n and ~nclud,ng any area adjacent thereto, which ~s subject to ~nundabon by reason of overflow of flood water. Wlroless Telecommunication Facility (WTF): An unstaffed facdRy operabng for the transmission and recepbon of Iow-power radio s~gnals consisting of an equipment shelter or cabinet, a support structure, antennas, and related eqmpment. Wholesale Sales: Establishments or places of bus~ness primarily engaged m selling merchandise to retailers; to Industrial, commeroal, ~nst~tut,onal, or professional business users; to other wholesalers; or acbng as agents or brokers and buying merchandise for, or selhng merchandise to, such Individuals or compames. Yard: Open spaces on the lot or budding plot on which a building ~s s~tuated and which are open and unobstructed to the sky by any structure except as herren prowded. (1) Front Yard. A yard facing and abutbng a street and extending across the front of a lot or budding plot between the s~de property hnes and hawng a m~mmum horizontal depth measured from the front property line to a depth of the setback specified for the d~stnct ~n which the lot ~s located. (2) Rear Yard. A yard extending across the rear of the lot or budding plot between the s~de property hnes and hawng a m~n~mum depth measured from the rear property hne as specified for the d~stnct ~n which the budding plot ~s located. (3) Side Yard. A yard located on a lot or budding plot extending from the reequ~red rear yard to the required front yard hawng a m~n~mum width measured from the s~de property line as speofied for the d~stnct ~n which the budding plot ~s located. Zoning: A method of land use control requ,nng the categor~zabon of land use of every tract of land within a particular jurisdiction according to a zoning ordinance or code and usually ~n accordance w~th a land use plan which ~s ~ntended to preserve the quahty of hfe and orderly development of that .lunsd~cbon. ~. 1-24 Oty of College Stabon, Texas Un~fied Development Ordinance (Draft) 10/01/04