HomeMy WebLinkAbout2021-4259 - Ordinance - 04/19/2021ORDINANCE NO. 2021-4259
AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT
ORDINANCE,” ARTICLE 1, “GENERAL PROVISIONS,” SECTION 1.10,
“TRANSITIONAL PROVISIONS,” ARTICLE 3, “DEVELOPMENT REVIEW
PROCEDURES,” SECTION 3.3, “ZONING MAP AMENDMENT (REZONING),”
ARTICLE 4, “ZONING DISTRICTS,” SECTION 4.1, “ESTABLISHMENT OF
DISTRICTS,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND
SUPPLEMENTAL STANDARDS,” SECTION 5.11, “SINGLE-FAMILY OVERLAY
DISTRICTS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO
RESTRICTED OCCUPANCY OVERLAY AND NEIGHBORHOOD CONSERVATION
OVERLAY; 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 1, “General
Provisions,” Section 1.10, “Transitional Provisions,” Article 3, “Development
Review Procedures,” Section 3.3, “Zoning Map Amendment (Rezoning),” Article
4, “Zoning Districts,” Section 4.1, “Establishment of Districts,” Article 5, “District
Purpose Statements and Supplemental Standards,” Section 5.11, “Single-Family
Overlay Districts,” 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.
PASSED, ADOPTED and APPROVED this 19th day of April, 2021.
ATTEST: APPROVED:
_____________________________ _____________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
Exhibit A
That Appendix A, “Unified Development Ordinance,” Article 1, “General Provisions,” Section
1.10, “Transitional Provisions,” of the Code of Ordinances of the City of College Station, Texas,
is hereby amended to read as follows:
Sec. 1.10. - Transitional Provisions.
A. Pending Construction.
1. Building Permits.
As provided by Chapter 245 of the Texas Local Government Code, nothing in this UDO
shall require any change in plans, construction, size or designated use of any building,
structure or part thereof that has been granted a building permit prior to the effective
date of this UDO, or any amendment to this UDO, provided construction shall begin
consistent with the terms and conditions of the building permit and proceed to
completion in a timely manner.
2. Approved Site Plans.
Nothing in this UDO shall require a change in a site plan approved prior to the effective
date of this UDO, provided a building permit is issued prior to expiration of the site
plan, and construction begins consistent with the terms and conditions of the building
permit and proceeds to completion in a timely manner.
B. Zoning Districts.
1. Retained Districts.
The following zoning districts and district names in effect prior to the effective date of
this UDO and represented on the official zoning map of the City of College Station
shall remain in effect. Those districts are shown on the following table:
District Name Effective Date
WPC Wolf Pen Creek Dev. Corridor June 13, 2003
NG-1 Core Northgate June 13, 2003
NG-3 Residential Northgate June 13, 2003
CU College and University June 13, 2003
PDD Planned Development June 13, 2003
OV Corridor Overlay June 13, 2003
2. Renamed Districts.
The following district, M-1, known as Planned Industrial prior to the adoption of this
UDO, shall henceforth be renamed M-1, Light Industrial.
District New Name Effective Date
M-1 Light Industrial June 13, 2003
The following district, R-6, known as Apartment High Density prior to the adoption of
this UDO, shall hence forth be designated R-6, High Density Multi-Family.
District New Name Effective Date
R-6 High Density Multi-Family June 13, 2003
The following district, NG-2, known as NG-2, Commercial Northgate prior to this
amendment of this UDO, shall henceforth be renamed NG-2, Transitional Northgate.
District New Name Effective Date
NG-2 Transitional Northgate April 2, 2006
The following district, O, known as A-P Administrative Professional prior to this
amendment of this UDO, shall henceforth be renamed O, Office.
District New Name Effective Date
O Office October 7, 2012
The following district, GC, known as C-1 General Commercial prior to this amendment
of this UDO, shall henceforth be renamed GC, General Commercial.
District New Name Effective Date
GC General Commercial October 7, 2012
The following district, CI, known as C-2 Commercial Industrial prior to this amendment
of this UDO, shall henceforth be renamed CI, Commercial Industrial.
District New Name Effective Date
CI Commercial Industrial October 7, 2012
The following district, R, known as A-O Agricultural Open prior to the amendment of
this UDO, shall henceforth be renamed R, Rural.
District New Name Effective Date
R Rural September 22, 2013
The following district, E, known as A-OR Rural Residential Subdivision prior to the
amendment of this UDO, shall henceforth be designated E, Estate.
District New Name Effective Date
E Estate September 22, 2013
The following district, GS, known as R-1 Single-Family Residential prior to this
amendment of this UDO, shall henceforth be renamed GS, General Suburban.
District New Name Effective Date
GS General Suburban September 22, 2013
The following district, D, known as R-2 Duplex Residential prior to this amendment of
this UDO, shall henceforth be renamed D, Duplex.
District New Name Effective Date
D Duplex September 22, 2013
The following district, T, known as R-3 Townhouse prior to this amendment of this
UDO, shall henceforth be renamed T, Townhouse.
District New Name Effective Date
T Townhouse September 22, 2013
The following district, MHP, known as R-7 Manufactured Home Park prior to this
amendment of this UDO, shall henceforth be renamed MHP, Manufactured Home Park.
District New Name Effective Date
MHP Manufactured Home Park September 22, 2013
3. Combined Districts.
The districts listed below are hereby combined into the single zoning district hereafter
designated as R-4, Multi-Family.
Combined Districts Name Effective Date
R-4 Apartment/Low Density June 13, 2003 R-5 Apartment/Medium Density
The districts listed below are hereby combined into the single zoning district hereafter
designated as GC, General Commercial.
Combined Districts Name Effective Date
C-B Business Commercial June 13, 2003 C-1 General Commercial
The districts listed below are hereby combined into the single zoning district hereafter
designated as C-3, Light Commercial.
Combined Districts Name Effective Date
C-3 Planned Commercial June 13, 2003 C-N Neighborhood Business
4. Retired Districts.
The following districts are no longer eligible for Zoning Map Amendment requests.
Properties with the following designations at the time of this amendment retain all uses,
regulations, and requirements associated with these districts.
Retired District Name Effective Date
R-1B Single-Family Residential September 22, 2013
Retired District Name Effective Date
R-4 Multi-Family December 28, 2014
R-6 High Density Multi-Family December 28, 2014
C-3 Light Commercial October 7, 2012
R&D Research & Development October 7, 2012
M-1 Light Industrial October 7, 2012
M-2 Heavy Industrial October 7, 2012
NPO Neighborhood Prevailing
Overlay June 21, 2020
5. New Districts.
The following districts are hereby created and added to those in effect at the time of
adoption of this UDO.
New
District Name Effective Date
RDD Redevelopment District June 13, 2003
P-MUD Planned Mixed Use Development June 13, 2003
NCO Neighborhood Conservation Overlay December 13, 2007
NAP Natural Areas Protected October 7, 2012
SC Suburban Commercial October 7, 2012
BP Business Park October 7, 2012
BPI Business Park Industrial October 7, 2012
RS Restricted Suburban September 22, 2013
MF Multi-Family December 28, 2014
MU Mixed-Use December 28, 2014
WE Wellborn Estate August 7, 2016
WRS Wellborn Restricted Suburban August 7, 2016
WC Wellborn Commercial August 7, 2016
ROO Restricted Occupancy Overlay April 19, 2021
6. Redesignated District.
Henceforth all areas designated Existing Rural Residential (A-OX) shall be
redesignated A-O Agricultural-Open.
Previous District Name Effective Date
A-OX Existing Rural Residential
June 13, 2003 Redesignated District Name
A-O Agricultural-Open
Henceforth all areas designated Planned Unit Development (PUD) shall be
redesignated Planned Development Districts (PDD). The individual ordinances that
created the PUDs shall remain in effect, along with all provisions and conditions listed
therein. Any modification of a former PUD shall follow the provisions for PDDs listed
herein.
Previous District Name Effective Date
PUD Planned Unit Development
June 13, 2003 Redesignated District Name
PDD Planned Development
Districts
Henceforth all areas designated R-1A shall be redesignated R-1, Single-Family
Residential.
Previous District Name Effective Date
R-1A Single-Family Residential
June 13, 2003 Redesignated District Name
R-1 Single-Family Residential
7. Deleted Districts.
The following districts not existing on the official zoning map on the effective date of
this UDO are hereby deleted:
Deleted District Name Effective Date
C-PUD Commercial Planned Unit Dev. June 13, 2003
C-NG Commercial Northgate June 13, 2003
KO Krenek Tap Overlay April 22, 2018
(Ord. No. 2012-3450 , Pt. 1(Exh. A), 9-27-2012; Ord. No. 2013-3521 , Pt. 1(Exh. A), 9-12-
2013; Ord. No. 2014-3624 , Pt. 1(Exh. A), 12-18-2014; Ord. No. 2016-3792 , Pt. 1(Exh. A), 7-
28-2016; Ord. No. 2018-4001 , Pt. 1(Exh. A), 4-12-2018; Ord. No. 2020-4187, Pt. 1(Exh. A), 6-
11-2020 )
Exhibit B
That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review
Procedures,” Section 3.3, “Zoning Map Amendment (Rezoning),” of the Code of Ordinances of
the City of College Station, Texas, is hereby amended to read as follows:
Sec. 3.3. - Zoning Map Amendment (Rezoning).
A. Purpose.

To establish and maintain sound, stable, and desirable development within the territorial
limits of the City, the Official Zoning Map may be amended based upon changed or
changing conditions in a particular area or in the City generally, or to rezone an ar ea or
extend the boundary of an existing zoning district. All amendments shall be in accordance
with the Comprehensive Plan and may, from time to time, be amended.
B. Initiation of Amendments.
An amendment to the Official Zoning Map may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. The property owner(s).
C. Amendment Application.
A complete application for a zoning map amendment shall be submitted to the Administrator
as set forth in the General Approval Procedures Section in Article 3 of this UDO and herein.
As applicable, applicants shall submit the information, documents, and materials set forth in
the Traffic Impact Analyses Section in Article 7 of this UDO.
1. Application requests for a Planned Development District (PDD) and Planned Mixed-Use
District (P-MUD) shall provide the following additional information:
a. A written statement of the purpose and intent of the proposed development;
b. A list and explanation of the potential land uses permitted; and
c. A Concept Plan as described in Concept Plan Review Section in Article 3 of this
UDO.
2. Application requests for a Neighborhood Conservation Overlay District (NCO) shall
provide the following additional information in accordance with the Neighborhood
Conservation Overlay (NCO) Process Handbook.
a. A copy of the original plat of the subdivision;
b. A petition including dated signatures by property owners of at least fifty (50) percent
plus one (1) of the total number of single-family zoned or developed building plots
contained within the original subdivision in support of the overlay;
c. Contact information for property owners of platted single-family development in the
original subdivision to serve on the Neighborhood Conservation Overlay Petition
Committee;
d. Certificate of mailing neighborhood meeting notice for all property owners of single-
family zoned or developed building plots contained within the original subdivision.
e. Completed neighborhood meeting sign-in sheets; and
f. Neighborhood meeting minutes signed by a Petition Committee Member.
3. Application requests for a Restricted Occupancy Overlay District (ROO) shall provide the
following additional information in accordance with the Restricted Occupancy Overlay
District (ROO) Process Handbook:
a. A copy of the original plat of the subdivision;
b. A petition including dated signatures by property owners of at least fifty (50) percent
plus one (1) of the total number of single-family zoned or developed building plots
contained within the original subdivision in support of the overlay;
c. Contact information for property owners of platted single-family development in the
original subdivision to serve on the Restricted Occupancy Overlay Petition
Committee;
d. Certificate of mailing neighborhood meeting notice for all property owners of single-
family zoned or developed building plots contained within the original subdivision.
e. Completed neighborhood meeting sign-in sheets; and
f. Neighborhood meeting minutes signed by a Petition Committee Member.
4. Application requests for a Historic Preservation Overlay District shall provide the
following additional information:
a. An inventory and survey of structures to be included in the rezoning, submitted on a
form provided by the Historic Preservation Officer;
b. A current photograph of each property included in the rezoning, and its
improvements;
c. Historical photographs, where available; and
d. A completed Designation Report. Upon initiation of the historic designation
procedure, the Historic Preservation Officer shall coordinate research to compile a
written report regarding the historical, cultural, and architectural significance of the
place or area proposed for historic designation at the request of the applicant, but the
rezoning application will not be considered complete until the report has been
completed. A Designation Report shall include a statement on each of the following
to the extent that they apply:
1) A listing of the architectural, archaeological, paleontological, cultural,
economic, social, ethnic, political, or historical characteristics upon which the
nomination is based;
2) A description of the historical, cultural and architectural significance of the
structures and sites;
3) Identification of contributing and noncontributing resources to the proposed
district; and
4) A description of the boundaries of the proposed Historic Preservation Overlay
District, including subareas and areas where new construction will be prohibited.
D. Approval Process.
1. Preapplication Conference.
Prior to the submission of an application for a Zoning Map Amendment, applicants are
encouraged to schedule and attend an optional preapplication conference in accordance
with and for the purposes as set forth elsewhere in this UDO for preapplication
conferences.
If the Administrator determines that the map amendment request is not in conformity
with the Comprehensive Plan, he shall not accept the application for the map
amendment, and no further processing shall occur until the map amendment is in
conformity.
2. Required Meetings.
a. Neighborhood Meeting.
Prior to the submission of an application for a Zoning Map Amendment for a NCO
or ROO Overlay Rezoning, all potential applicants shall request to set up a
Neighborhood Meeting with City Staff.
b. Historic Preservation Officer.
Prior to the submission of an application for a Zoning Map Amendment for a
Historic Preservation Overlay District rezoning, all potential applicants shall
request a Neighborhood Meeting with the Historic Preservation Officer. The
purpose of the meeting is to present information about the proposed overlay and
explain the process of rezoning to the neighborhood.
3. Review and Report by Administrator.
With the exception of applications for Historic Preservation Overlay Districts, once the
application is complete, the Administrator shall review the proposed amendment to the
Official Zoning Map in light of the Comprehensive Plan, subject to the criteria
enumerated in Article 4, Zoning Districts, and give a report to the Planning and Zoning
Commission on the date of the scheduled public hearing.
4. Review and Report by Historic Preservation Officer.
An application for a Historic Preservation Overlay District rezoning shall be reviewed
by the Historic Preservation Officer, who shall review the proposed amendment in light
of the Comprehensive Plan, subject to the criteria enumerated in Article 4, Zoning
Districts, and the Historic Preservation Overlay District Section in Article 5, and give a
report to the Landmark Commission on the date of the scheduled public hearing.
5. Referral to Landmark Commission.
The Historic Preservation Officer, upon receipt of an application to amend the Official
Zoning Map to a Historic Preservation Overlay District, shall refer the same to the
Landmark Commission for study, hearing, and report. The Planning and Zoning
Commission may not hold a public hearing or make a report to the City Council until it
has received a report from the Landmark Commission.
6. Recommendation by Landmark Commission.
The Landmark Commission shall publish, post, and mail public notice in accordance
with the General Approval Procedures Section in Article 3 of this UDO. The Landmark
Commission shall hold a public hearing and make a recommendation to the Planning
and Zoning Commission.
7. Referral to Planning and Zoning Commission.
With the exception of applications for Historic Preservation Overlay Districts, the
Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer
the same to the Commission for study, hearing, and report. For an application to amend
the Official Zoning Map to a Historic Preservation Overlay District, the Historic
Preservation Officer shall refer the same to the Planning and Zoning Commission for
study, hearing, and report with the report of the Landmark Commission. The City
Council may not enact the proposed amendment until the Planning and Zoning
Commission makes its report to the City Council.
8. Recommendation by Planning and Zoning Commission.
The Planning and Zoning Commission shall publish, post, and mail public notice in
accordance with the General Approval Procedures Section in Article 3 of this UDO.
The Commission shall hold a public hearing and recommend to the City Council such
action as the Commission deems proper.
9. City Council Action.
a. Notice.
The City Council shall publish, post, and mail public notice in accordance with the
General Approval Procedures Section in Article 3 of this UDO, and hold a public
hearing before taking final action on an application to amend the Official Zoning
Map.
b. Public Hearing.
The City Council shall hold a public hearing and approve, approve with
modifications, or disapprove the application to amend the Official Zoning Map.
c. Effect of Protest to Proposed Amendment.
If a proposed change to this UDO or rezoning is protested 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 (¾) of
all members of the City Council. The protest must be written and signed by the
owners of at least twenty (20) percent of either the area of lots covered by the
proposed change, or of the area of the lots or land immediately adjoining the area
covered by the proposed change and extending two hundred (200) feet from that
area.
d. Review Criteria.
In determining whether to approve, approve with modifications, or disapprove the
proposed Official Zoning Map amendment, the City Council shall consider the
following matters regarding the proposed amendment:
1) Whether the proposal is consistent with the Comprehensive Plan;
2) Whether the uses permitted by the proposed zoning district will be
appropriate in the context of the surrounding area;
3) Whether the property to be rezoned is physically suitable for the proposed
zoning district;
4) Whether there is available water, wastewater, stormwater, and
transportation facilities generally suitable and adequate for uses permitted
by the proposed zoning district;
5) The marketability of the property; and
6) In addition, for proposed amendments to Historic Preservation Overlay
Districts, the City Council shall consider if the proposed amendmen t
contains property(ies) and an environmental setting which meets two (2) or
more of the criteria for designation of a Historic Preservation Overlay
District as described in the Historic Preservation Overlay District Section
in Article 5 of this UDO.
e. Effect of Historic Preservation Overlay District Zoning Upon Official Public
Records.
Upon designation of a property with a Historic Preservation Overlay District, the
City Council shall cause the designation to be recorded in the Official Public
Records of Real Property of Brazos County, Texas, the tax records of the City of
College Station, and the Brazos County Appraisal District, as well as the official
zoning map of the City of College Station.
E. Limitation on Reapplication.
If an application for rezoning is denied by the City Council, another application for
reclassification of the same property or any portion thereof shall not be considered within a
period of one hundred eighty (180) days from the date of denial, unless the Planning and
Zoning Commission finds that one (1) of the following factors are applicable:
1. There is a substantial change in circumstances relevant to the issues and/or facts
considered during review of the application that might reasonably affect the decision-
making body's application of the relevant review standards to the development proposed
in the application;
2. New or additional information is available that was not available at the time of the review
that might reasonably affect the decision-making body's application of the relevant review
standards to the development proposed;
3. A new application is proposed to be submitted that is materially different from the prior
application (e.g., proposes new uses or a substantial decrease in proposed densities and
intensities); or
4. The final decision on the application was based on a material mistake of fact.
F. Repeal of a Single-Family Overlay District.
A repeal of a single-family overlay district is considered a rezoning and is subject to the
Zoning Map Amendment requirements herein and may be initiated by:
1. City Council on its own motion;
2. The Planning and Zoning Commission;
3. The Administrator; or
4. By a petition including dated signatures by property owners of at least fifty (50) percent
plus one (1) of the total number of single-family zoned or developed building plots
contained within the original subdivision in support of the overlay.
(Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012; Ord. No. 2018-3984 , Pt. 1(Exh. A), 2-8-
2018; Ord. No. 2020-4161 , § 1(Exh. A), 3-9-2020)
Exhibit C
That Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.1,
“Establishment of Districts,” of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
Sec. 4.1. - Establishment of Districts.
Residential Zoning Districts
R Rural
WE Wellborn Estate
E Estate
WRS Wellborn Restricted Suburban
RS Restricted Suburban
GS General Suburban
D Duplex
T Townhouse
MF Multi-Family
MU Mixed-Use
MHP Manufactured Home Park
Non-Residential Zoning Districts
NAP Natural Areas Protected
O Office
SC Suburban Commercial
WC Wellborn Commercial
GC General Commercial
CI Commercial Industrial
BP Business Park
BPI Business Park Industrial
CU College and University
Planned Districts
P-MUD Planned Mixed-Use District
PDD Planned Development District
Design Districts
WPC Wolf Pen Creek Development Corridor
Northgate NG-1 Core Northgate
NG-2 Transitional Northgate
NG-3 Residential Northgate
Overlay Districts
OV Corridor Overlay
RDD Redevelopment District
ROO Restricted Occupancy Overlay
NCO Neighborhood Conservation Overlay
HP Historic Preservation Overlay
Retired Districts
R-1B Single-Family Residential
R-4 Multi-Family
R-6 High Density Multi-Family
C-3 Light Commercial
R&D Research & Development
M-1 Light Industrial
M-2 Heavy Industrial
NPO Neighborhood Prevailing Overlay
For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the
City, are hereby divided into the zoning, design, and overlay districts enumerated below. The
intensity regulations applicable for such zoning districts are designated in Article 5 and the use
regulations are designated in Article 6 of this UDO.
(Ord. No. 2012-3450 , Pt. 1(Exh. B), 9-27-2012; Ord. No. 2013-3521 , Pt. 1(Exh. C), 9-12-2013;
Ord. No. 2014-3624 , Pt. 1(Exh. B), 12-18-2014; Ord. No. 2016-3792 , Pt. 1(Exh. B), 7-28-2016;
Ord. No. 2018-4001 , Pt. 1(Exh. C), 4-12-2018; Ord. No. 2020-4161 , § 2(Exh. B), 3-9-2020;
Ord. No. 2020-4187, Pt. 1(Exh. A), 6-11-2020 )
Exhibit D
That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements and
Supplemental Standards,” Section 5.11, “Single-Family Overlay Districts,” of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
Sec. 5.11. - Single-Family Overlay Districts.
A. Purpose.
Single-Family Overlay Districts create an additional zoning district that is superimposed over
the underlying zoning district. Single-Family Overlay Districts are intended to provide
additional standards for College Station neighborhoods. These standards promote residential
development patterns and are intended to protect and enhan ce desirable neighborhood
characteristics, livability, and harmonious, orderly, and efficient growth and development.
The underlying zoning district establishes the permitted uses and standards and shall remain
in effect. The requirements of the overlay district are to be applied in addition to the underlying
zoning district standards.
B. Applicability.
The Single-Family Overlay Districts may only be applied to neighborhoods zoned and
developed for single-family residences.
C. General Provisions.
1. The yard, lot, building height, and open space regulations of the Single-Family Overlay
Districts must be read in accordance with the yard, lot, building height and open space
regulations in the Residential Dimensional Standards and Required Yards sections of this
UDO. In the event of a conflict between the Single-Family Overlay Districts and these
sections, the Single-Family Overlay District controls.
2. The City Council may approve a Single-Family Overlay District for the boundaries of
original subdivisions.
3. An application for a Single-Family Overlay District may be accepted by the City for
review once a petition is signed by property owners of at least fifty (50) percent plus one
(1) of the total number of single-family zoned or developed building plots contained
within the original subdivision.
D. Districts.
1. Restricted Occupancy Overlay District (ROO).
a. Purpose.
The Restricted Occupancy Overlay District (ROO) is intended to provide
subdivision-specific occupancy regulations in single-family neighborhoods. ROO
is intended to preserve the single-family character of residential neighborhoods.
b. Applicability.
The regulations of the ROO apply to each individual single-family dwelling and
accessory living quarter within the district.
c. General Provisions.
1) The standards set forward in a ROO must be based on findings of the Petition
Committee.
2) The Petition Committee shall consist of property owners of platted single-family
development from the original subdivision.
3) To be eligible to apply for a ROO, improvements must exist on at least 51
percent of the platted single-family lots in the original subdivision.
d. Standards.
Occupancy of either, a detached single-family dwelling or accessory living quarter,
shall not exceed two unrelated persons per single-family dwelling or accessory
living quarter. Related persons are specified in Section 11.2 “Defined Terms” in the
definition of “Family.” Accessory living quarter requirements are further specified
in Section 6.5 “Accessory Uses” within the standards for “Living Quarters.”
e. Legacy Clause.
1) Occupancy levels in individual single-family dwellings and accessory living
quarters within an original subdivision, existing at the time a ROO is adopted,
are permitted to continue, not to exceed a maximum of four unrelated persons
for single-family dwellings and two unrelated persons for accessory living
quarters, and shall be considered a nonconforming use. The provisions of
Section 9.2 “Nonconforming Uses” shall apply, with the exception of Section
9.2.A.1. “Expansion.”
2) The structure containing the nonconforming use may be enlarged or expanded
up to a maximum of ten (10) percent of the heated square footage of the
structure existing at the time the ROO was adopted.
3) Enlargement or expansion of the structure containing the nonconforming use
beyond ten (10) percent and up to a maximum of twenty-five (25) percent of
the heated square footage of the structure existing at the time the ROO was
adopted shall require approval of the Zoning Board of Adjustment. The Zoning
Board of Adjustment may authorize such an enlargement or expansion based
on the following criteria:
a) That granting the enlargement or expansion will ensure the same general
level of land use compatibility as the otherwise applicable standards;
b) That granting the enlargement or expansion will not materially or
adversely affect adjacent land uses or the physical character of uses in the
immediate vicinity of the nonconforming use; and
c) That granting the enlargement or expansion will be generally consistent
with the purposes and intent of this UDO.
4) The structure containing the nonconforming use may be structurally altered or
renovated, up to a maximum of fifty (50) percent of the heated square footage
of the structure existing at the time the ROO was adopted, provided that the
structural alteration or renovation does not enlarge or expand the structure.
5) Structurally altering or renovating the structure containing the nonconforming
use beyond fifty (50) percent of the heated square footage of the structure
existing at the time the ROO was adopted shall require approval of the Zoning
Board of Adjustment. The Zoning Board of Adjustment may authorize such
structural alterations or renovations based on the following criteria:
a) That granting the structural alternation or renovation will ensure the same
general level of land use compatibility as the otherwise applicable
standards;
b) That granting the structural alternation or renovation will not materially or
adversely affect adjacent land uses or the physical character of uses in the
immediate vicinity of the nonconforming use; and
c) That granting the structural alternation or renovation will be generally
consistent with the purposes and intent of this UDO.
6) The use shall come into compliance with the ROO standards at such time that
any of the following occur:
a) The single-family dwelling or accessory living quarter is demolished;
b) The subdivision of land occurs creating an additional lot or building plot;
c) The nonconforming use changes or occupancy increases. Decreases in the
nonconforming use occupancy levels below four unrelated persons shall
not be an indication of abandonment as specified in Section 9.2.C.
“Abandonment”, or cause a loss of the legal nonconforming use status;
d) The structure containing the nonconforming use is enlarged, expanded,
structurally altered or renovated beyond the standards provided in Section
5.11.D.1.e.2 through 5.11.D.1.e.5.; or
e) The termination of registration with the City’s Rental Registration
program.
2. Neighborhood Conservation Overlay Districts (NCO).
a. Purpose.
The Neighborhood Conservation Overlay District (NCO) is intended to protect and
preserve established single-family neighborhoods through a district that is focused
on the specific needs of the neighborhood. The NCO is intended to provide
additional standards to demolitions, new construction, additions, and
redevelopment to promote development that is compatible with the existing
character of the neighborhood. NCO districts are based on in-depth study of the
existing neighborhood conditions, and should be used to protect unique assets and
qualities of the neighborhood. NCO districts may be used for neighborhoods that
offer a distinct character that its residents and the City wish to preserve and protect.
b. Applicability.
The regulations of the Neighborhood Conservation Overlay apply to all single-
family and accessory structures within the district.
c. General Provisions.
1) The standards set forward in a Neighborhood Conservation Overlay must be
based on findings of the Petition Committee.
2) The petition committee may consist of property owners of platted single-family
development from the original subdivision.
3) Neighborhood Conservation Overlay districts may not apply to neighborhoods
originally platted in the last ten (10) years from the date of application submittal
d. Options for Inclusion.
In applying for a Neighborhood Conservation District Overlay, the following items
may be included as standards in the overlay. All single-family development within
the district shall be subject to the standards set forth in the rezoning ordinance.
1) Minimum Front Setback.
If minimum front setback is selected for inclusion, the Petition Committee may
select one (1) of the following methods of determining minimum front setback
based on research of the subject neighborhood:
a) Contextual front setbacks as provided for in Required Yards (Setbacks)
section of this UDO; or
b) Contextual front setbacks as provided for in the General Provisions of this
Single-Family Overlay Districts section of the UDO; or
c) Fixed front setback. A fixed front setback may be established, however, it
may not be less than the setback of underlying zoning or more than the
existing median front yard setback of structures in the district.

2) Minimum Side Street Setback.
If minimum side street setback is selected for inclusion, the Petition
Committee may select one (1) of the following methods of determining
minimum side street setback based on research of the subject neighborhood:
a) Contextual side street setbacks as provided for in Section 5.2 Residential
Dimensional Standards; or
b) Fixed side street setback. A fixed side street setback may be established,
however, it may not be less than the side setback of underlying zoning or
more than the existing median side street setback of structures in the district.
3) Minimum Lot Size (Area, Width, and Depth).
If minimum lot size is selected for inclusion, the Petition Committee may
select one (1) of the following methods of determining the minimum size of
new lots based on research of the subject neighborhood:
a) Lot size (area and width) as provided for in the Platting and Replatting in
Older Residential Neighborhoods subsection in Article 8, Subdivision
Design and Improvements; or
b) Contextual lot size as provided for in Section 5.2 Residential Dimensional
Standards; or
c) Fixed lot size. A fixed lot size may be established, however, it may not be
less than the lot size required of underlying zoning or more than the existing
median size of building plots in the district.
4) Maximum Building Height.
If maximum building height is selected for inclusion, the Petition Committee
may select one (1) of the following methods of determining maximum building
height based on the research of the subject neighborhood:
a) Contextual building height as provided for in Section 5.2 Residential
Dimensional Standards; or
b) Fixed building height. A fixed building height may be established, however,
it may not be more than the maximum height allowed in the underlying
zoning district or less than the median height of all residential structures in
the district.
5) Tree Preservation.
If tree preservation is selected for inclusion, the Petition Committee may
choose to preserve any existing tree with a minimum of eight-inches in caliper
or greater. Preserved trees must be in good form and condition and reasonably
free of damage by insects and/or disease, and located outside the buildable
area. Any preserved tree(s) must be barricaded and preserved during
demolition and/or construction. A barricade detail must be provided on the site
plan. Trees must be barricaded with a one (1) foot per caliper inch radius
measured from the tree trunk. Barricades must be in place prior to any
development activity on the property including, but not limited to, grading and
equipment on site. Choosing this option allows the Petition Committee to
exclude specific tree species from preservation requirements.
6) Landscape Maintenance.
If landscape maintenance is selected for inclusion, any existing canopy and
non-canopy trees in good form and condition and reasonably free of damage
by insects and/or disease located within the buildable area removed during
construction must be replaced on site caliper for caliper, or as determined by
the Administrator.

7) Maximum Impervious Surface.
If maximum impervious surface is selected for inclusion, maximum
impervious surface may be limited to any number between the calculated
neighborhood median and the maximum, as allowed by the UDO.
Impervious surface includes, 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.

8) Garage.
A. Garage Access.
If garage access is selected for inclusion, the Petition Committee may
choose one (1) of the following methods of garage access based on the
most frequent method of garage access within the subject neighborhood:
a) Front entry; or
b) Side entry; or
c) Rear entry.
B. Garage Connection.

If garage connection is selected for inclusion, the Petition Committee may
select one (1) of the following garage connection types based on the most
frequent method of garage connection within the subject neighborhood:
a) Attached to the single-family structure; or
b) Detached from the single-family structure.
C. Garage Location.

If garage location is selected for inclusion, the Petition Committee may
select one (1) of the following garage locations based on the most frequent
location of garages in relation to the primary single-family structure within
the subject neighborhood:
a) In front of the single-family structure; or
b) To the side of the single-family structure; or
c) To the rear of the single-family structure.
D. Garage Size.
If garage size is selected for inclusion, the Petition Committee may set a
minimum garage size of one (1), two (2), or three (3) car garage per
residential unit based on the most frequently occurring garage size within
the subject neighborhood.
E. Garage Requirement.
If garage requirement is selected for inclusion, the Petition Committee
may require that a garage be required on properties within the subject
neighborhood.
9) Off-Street Parking.
If off-street parking is selected for inclusion, the Petition Committee may
choose one (1) or more of the following off-street parking options within the
subject neighborhood, however, it may only be included if including maximum
lot coverage, garage access, connection, or location.
a) Set a minimum off-street parking standard of three (3) spaces per residential
unit;
b) Set a maximum number of off street parking spaces;
c) Set a maximum parking area and location per yard;
d) Set a required driveway width between 12 and 25 feet.
10) Building Materials.
If Building Materials is selected for inclusion, the Petition Committee may
select required building materials and set a minimum percentage for the use of
those materials for façades facing a right-of-way. Required materials may only
include types of building materials used in the subject neighborhood. The
rezoning petition should include a listing of all types of materials used in the
district as well as the median percentage on building façades facing a right-of-
way. The percentage of use of a required material may only be placed on
façades facing a right-of-way and may not exceed the median existing
percentage of the materials on building façades facing a right-of-way.
11) Fencing.
If Fencing is selected for inclusion, the Petition Committee may select required
materials and maximum height.
(Ord. No. 2012-3449 , Pt. 1(Exh. M), 9-27-2012; Ord. No. 2012-3450 , Pt. 1(Exh. C), 9-27-2012;
Ord. No. 2013-3471 , Pt. 1(Exh. C), 1-10-2013; Ord. No. 2020-4161 , § 1(Exh. C), 3-9-2020)