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HomeMy WebLinkAbout2011-3355 - Ordinance - 06/23/2011ORDINANCE NO. 2011-3,355 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,' SECTION 9.2, `NONCONFORMING USES," AND SECTION 9.4 "NONCONFORMING LOTS OF RECORD,"OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE SECTIONS 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 1: That Chapter 12,"Unified Development Ordinance, Section 9.2,"Nonconforming Uses," and Section 9.4, "Nonconforming Lots of Record," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit"A'and Exhibit`B, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter 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) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) 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 23`d day of June, 2011. APPROVED: ~re~11'lrc~ MAYOR 4 ~1 AT'T'EST: City MWL"", APPROVED: ~ ORDINANCE NO. 2011-3355 EXHIBIT `°A" Page 2 That Chapter 12,"Unified Development Ordinance," Section 9.2,'Nonconforming Uses, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 9.2 Nonconforming Uses A. Continuance An existing use that is not in compliance with this UDO or subsequent amendments applicable to the use shall not be enlarged, extended, reconstructed, substituted or structurally altered unless the use is brought into compliance with this UDO, except as follows: 1. Expansion a. When authorized by the Zoning Board of Adjustment in accordance with the provisions of this Article, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed 25 percent of the original area of nonconformity. b. Buildings devoted to nonconforming uses located within the area annexed by Ordinance No. 3331, adopted by the City Council on April 14, 2011, may be enlarged provided such extension is incidental to the existing use of such building and the enlargement does not exceed 25 percent of the original area of nonconformity. Enlargements greater than 25 percent of the original area of nonconformity shall require approval of the Zoning Board of Adjustment. 2. Conditional Use A use existing on the effective date of this UDO, or subsequent amendment applicable to its use, which would only be permitted as a conditional use, shall be a lawful nonconforming use until altered pursuant to Section 3.15, Conditional Use Permit. In the event of issuance 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 bring about the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the area and the necessity for all property to conform to the regulations of this UDO. C. Abandonment Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been discontinued or abandoned for more than three months, a presumption of intent to abandon said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful. ORDINANCE NO. 2011-3355 EXHIBIT "B" Page 3 That Chapter 12, "Unified Development Ordinance," Section 9.4, `Nonconforming Lots of Record," of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 9.4 Nonconforming Lots of Record A. Authority to Utilize for Single-Family Residence In any district in which single-family dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this Section, a single-family detached dwelling that complies with the restrictions below may be erected on a nonconforming lot that is not less than 30 feet in width, consisting entirely of one tract of land of not less than 3,000 square feet, and that: 1. Has less than the prescribed minimum lot area, width, and/or depth; 2. Is shown by a recorded plat or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance; and 3. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation 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 this Section may be used for a single-family dwelling and no other structure except for a garage or carport. Construction of such single-family dwelling shall comply with all the regulations (except lot area, width, and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located, except that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable: 1. The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling. 2. The sum of the widths of the two side yards on such lot shall be not less than the smaller of: a. 25 percent of the width of the lot; or b. The minimum total for both side yards prescribed by the bulk regulations for said zoning district; and 3. No side yard shall be less than three feet wide. C. Regulations for Certain Nonconforming Lots Zoned A-O (Agricultural Open) 1. A single-family dwelling and accessory structure(s) in areas zoned A-O, Agricultural Open, may be erected or structurally altered on a nonconforming lot of record, that is not less than five thousand (5,000) square feet in area and not more than one (1) acre in area, so long as the structure or the addition to the structure complies with the setbacks established by the Single-Family Residential (R-1) zoning district. 2. A single-family dwelling or accessory structure located on property within the area annexed by Ordinance No. 3331, adopted by the City Council on April 14, 2011, may be erected or structurally altered on a nonconforming lot of record ORDINANCE NO. 2011-3355 Page 4 provided the proposed construction complies with the setback requirements established by the Single-Family (R-1) zoning district. D. Other Uses of Nonconforming Lots: Site Plan Required In any district in which single-family dwellings are not permitted, a nonconforming lot of record which meets the requirements above may be used for any use permitted in the district in which it is located if, but only if, a site plan for such use has been approved in accordance with the provisions of Section 3.5, Site Plan Review. Lots Made Nonconforming by Right-Of-Way Acquisition Any lot made nonconforming solely by means of area dedicated, condemned, sold or otherwise conveyed for public right-of-way shall be allowed to pursue any allowed use as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to.