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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)