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HomeMy WebLinkAbout2020-4162 - Ordinance - 03/09/2020ORDINANCE NO. 2020-4162 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5-2, “RESIDENTIAL DIMENSIONAL STANDARDS,” SECTION 5-6, “RETIRED DIMENSIONAL STANDARDS,” ARTICLE 6, “USE REGULATIONS,” SECTION 6-5, “ACCESSORY USES,” AND ARTICLE 11, “DEFINITIONS,” SECTION 11-2, “DEFINED TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO IMPERVIOUS COVER; 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 1: That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-2, “Residential Dimensional Standards,” Section 5-6, “Retired Dimensional Standards,” Article 6, “Use Regulations,” Section 6-5, “Accessory Uses,” and Article 11, “Definitions,” Section 11-2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, and Exhibit “D” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2020-4162 Page 2 of 11 PASSED, ADOPTED and APPROVED this 9th day of March, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4162 Page 3 of 11 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-2, “Residential Dimensional Standards” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 5.2. - Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Click here to access a PDF version of the Residential Zoning Districts table. Residential Zoning Districts R WE E(N)(P ) WRS RS(J) GS(J)(P) T D M HP MF MU Acces sory Struct ures Non-Clustered Residential Zoning Districts Min. Averag e Lot Area per Dwellin g Unit (DU) 3 acres Averag e 2 acres 1 Acre 20,00 0 SF 10,000 SF Averag e 5,000 SF 2,000 SF 3,500 SF >( L) No ne No ne Refer to Sectio n 6.5, Acces sory Uses( L) Absolut e Min. Lot Area per Dwellin g Unit (DU) 2 Acres 2 acres 1 Acre 20,00 0SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF No ne No ne Min. Lot Width None 100 (M) 100'(M ) 70' 70' 50' None 35'/DU(E) No ne No ne Min. Lot Depth None None None None None 100' None 100' No ne No ne Min. Front Setback (H) 50' 30' 30' 25' 25' 25'(D) 25'(D) 25'(D) 15' No ne Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A N/ A 15'( O) ORDINANCE NO. 2020-4162 Page 4 of 11 Min. Side Setback 20' 10' 10' 7.5' (Q) 7.5' (Q) 7.5' (Q) (A) 7.5'(C) (A) (B) No ne Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15' No ne Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/ A 15'( O) Min. Side Setback betwee n Structur es(B) N/A 15' 15' 15' 15' 15' 7.5' 15' 7.5' No ne Min. Rear Setback (L) 50' 20' 20' 20' 20' 20' 20' 20'(F) 20' 20' Max. Impervi ous Cover( R) 30% 30% 30% 40% 50% 55% 75% 65% (S) (S) Max. Height 35'(G)( K)(L) 35'(G )(K) 35'(G)( K)(L) 35'(G )(K) 35'(G)( K)(L) 2.5 Stories/35'( G)(K)(L) 35'(G)( K)(L) 2.5 Stories/35'( G)(K)(L) (G) (L) (G) (L) Minimu m Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/ A 2 Stor ies Max. Dwellin g Units/A cre (Subdiv ision Gross) 0.33 0.5 1.0 2.0 4.00 8.0 14.0 12.0 10. 0 30. 0 N/ A N/A Min. Dwellin g Units/A cre N/A N/A N/A N/A N/A N/A N/A N/A N/ A 12 N/ A Clustered Residential Zoning Districts ORDINANCE NO. 2020-4162 Page 5 of 11 Min. Averag e Lot Area per Dwellin g Unit (DU) N/A 1 Acre 20,000 SF Averag e 8,000 SF 8,000 SF Averag e 3,750 SF (P) N/A N/A N/ A N/ A N/ A N/A Absolut e Min. Lot Area per Dwellin g Unit (DU) 1 Acre 10,000 SF 8,000 SF 6,500 SF 3,750 SF Min. Lot Width 100' (M) 100'(M ) None None None Min. Lot Depth None None None None None Min. Front Setback (H) Refer to Section 8.3.H.4, Cluster Development, Specific District Standards Min. Side Setback Min. Street Side Setback Min. Side Setback betwee n Structur es(B) Min. Rear Setback (L) Max. Impervi ous Cover( R) 30% 30% 40% 50% 55% ORDINANCE NO. 2020-4162 Page 6 of 11 Max. Height 35'(G )(K) 35'(G)( K) 35'(G )(K) 35'(G)( K) 2.5 Stories/35'( G)(K)(L) Max. Dwellin g Units/A cre (Subdiv ision Gross) 0.5 1.0 2.0 4.00 8.0 Notes: (A) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right -of-way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single -family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to fifteen (15) fe et when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.2.H, Height. (H) Reference Section 7.2.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 7.2.D.1.b for lots with approved rear access. (J) For areas within a Single-Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N) Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. ORDINANCE NO. 2020-4162 Page 7 of 11 (O) For MU zoned properties, maximum side street and front setbacks may be measured from the edge of a public easement when it is in excess of the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (P) Reference Section 8.3.H.4.e when using the cluster option in the Wellborn Community Plan area. (Q) Minimum side setback may be reduced to five (5) feet where property on both sides of a lot line is owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Zoning Official, and must be established by plat. In no case shall a single-family residence be built within fifteen (15) feet of another primary structure. When reduced side setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback (R) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. Work being performed by the homeowner and/or resident that does not require a building permit, that is less than 120 square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an Impervious Coverage Permit. (S) Maximum impervious cover for MF and MU zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee.” ORDINANCE NO. 2020-4162 Page 8 of 11 Exhibit B That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and Supplemental Standards,” Section 5-6, “Retired Dimensional Standards,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 5.6. - Retired Dimensional Standards. A. Retired Residential Zoning Districts. The following table establishes dimensional standards that shall be applied within the Retired Residential Zoning Districts, unless otherwise identified in this UDO: Retired Residential Zoning Districts R-1B R-4 R-6 Min. Lot Area per Dwelling Unit (DU) 8,000 SF None None Min. Lot Width None None None Min Lot Depth None None None Min. Front Setback (H) 25'(D) 25'(D) 25'(D) Min. Side Setback 7.5' (C) (A)(B) (A)(B) Min. Side Street Setback 15' 15' 15' Min. Side Setback between Structures (B) 15' 7.5' 7.5' Min. Rear Setback (I) 20' 20' 20' Max. Impervious Cover (M) 55% (N) (N) Max. Height 2.5 Stories/35'(G)(K)(L) (G)(L) (G)(L) Max. Dwelling Units/Acre 6.0 20.0 30.0 Notes: (A) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single -family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. ORDINANCE NO. 2020-4162 Page 9 of 11 (F) Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.2.H, Height. (H) Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 7.2.D.1.b for lots with approved rear access. (J) Reference Section 5.12 for areas in Neighborhood Prevailing Standards Overlay Districts and reference Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. (N) Maximum impervious cover for R-4 and R-6 zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee.” ORDINANCE NO. 2020-4162 Page 10 of 11 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 6, “Use Regulations,” Section 6-5, “Accessory Uses,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 6.5. - Accessory Uses. B. Accessory Structures. 1. In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure or 400 square feet, whichever is greater. Garage or carport areas devoted to the storage of vehicles shall not be included in the calculation of the twenty-five (25) percent restriction. 2. No accessory structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building or structure if the Build ing Official has determined that it does not require a Building Permit. 3. 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 line. In no event shall more than thirty (30) percent of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures, or uses. 4. The maximum impervious cover of the lot’s applicable zoning district, as defined in Section 5.2 Residential Dimensional Standards, shall not be exceeded by the addition of accessory uses or structures. 5. The following restrictions shall appl y to accessory buildings, structures, or uses other than garages, carports, and living quarters. a. A minimum rear setback of fifteen (15) feet; and, b. A maximum building eave height of eight (8) feet. 6. Garage and Carports . Garages and carports in residential zoning districts, including those of a temporary nature, shall have a minimum rear setback of twenty (20) feet. A minimum side yard setback of twenty (20) feet shall also be applied when garages and carports, including those of a temporary n ature, gain access from a side street. All other setbacks shall be applied as required in the district in which the structure is located. The following restrictions shall apply to garages and carports: a. A minimum rear setback of twenty (20) feet; and, b. A minimum side street setback of twenty (20) feet is required for garages or carports that face onto side streets. 7. Living Quarters . In areas zoned and used for single family residential use, accessory living quarters are allowed subject to the following: a. The property owner resides on-site and uses the subject property as their primary residence. b. There is a limit of one (1) accessory living quarter per building plot. c. No more than two (2) unrelated persons live in the accessory living quarters; and d. One (1) additional off-street parking space is provided for the living quarters.” ORDINANCE NO. 2020-4162 Page 11 of 11 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 11, “Definitions,” Section 11-2, “Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding the following language: “Impervious Cover: Impervious cover is the percentage of a lot’s area that is covered, or proposed to be covered, by impervious surfaces. Impervious Surface: Impervious surface is considered any proportion of a site occupied by materials or construction that limits the absorption of water by covering the natural land surface; this shall include, but is not limited to, buildings, sidewalks, drives, all-weather surfaces, parking, rooftops, patios, decking, masonry, stone, and other alternative pavements. Alternative materials used for landscaping purposes in non-load bearing areas, and the water surface area within the walls of pools are not considered impervious surfaces. An area of gapped decking shall be calculated as fifty percent (50%) of the proposed decked area for the purpose of impervious cover.”