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HomeMy WebLinkAbout2022-4397 - Ordinance - 10/13/2022ORDINANCE NO. 2022-4397 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 6, "USE REGULATIONS," SECTION 6.3 "TYPES OF USE,” ARTICLE 7, "GENERAL DEVELOPMENT STANDARDS," SECTION 7.2 "GENERAL PROVISIONS,” SECTION 7.3 "OFF-STREET PARKING STANDARDS,” SECTION 7.7 "BUFFER REQUIREMENTS,” ARTICLE 11, "DEFINITIONS," SECTION 11.2 "DEFINED TERMS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO SHARED HOUSING; 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 6, "Use Regulations," Section 6.3 "Types of Use,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking Standards,” Section 7.7 "Buffer Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, and Exhibit “E” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2022-4397 Page 2 of 22 PASSED, ADOPTED and APPROVED this 13th day of October, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4397 Page 3 of 22 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations," Section 6.3 "Types of Use” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 6.3. Types of Use. A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P), permitted uses subject to specific use standards (P*), or conditional uses (C) in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. B. The Administrator shall determine whether or not an unlisted use, that is otherwise prohibited, as stated above should be processed. In doing so, the Administrator shall utilize purpose statements adopted herein in conjunction with the applicable zoning district, and consideration of the following criteria: 1. The actual or anticipated characteristics of the activity in relationship to known characteristics of similar projects in standard planning practice; 2. The relative amount of site area, floor space, and equipment; 3. Relative volumes of sales from each activity; 4. The customer type for each activity; 5. The relative number of employees in each activity; 6. Hours of operation; 7. Building and site arrangement; 8. Vehicles used with the activity and the relative number of vehicle trips generated by the use; and 9. How the use advertises itself. C. Use Table. Except where otherwise specifically provided herein, regulations governing the use of land and structures with the various zoning districts and classifications of planned developments are hereby established as shown in the following Use Table. 1. Permitted Uses. A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this UDO. 2. Permitted Uses Subject to Specific Standards. A "P*" indicates a use that will be permitted, provided that the use meets the provisions in Section 6.4, Specific Use Standards. Such uses are also subject to all other applicable regulations of this UDO. 3. Conditional Uses. ORDINANCE NO. 2022-4397 Page 4 of 22 A "C" indicates a use that is allowed only where a conditional use permit is approved by the City Council. The Council may require that the use meet the additional standards enumerated in Section 6.4, Specific Use Standards. Conditional uses are subject to all other applicable regulations of this UDO. USE TABLE Residential Districts Non-Residential Districts Retired Districts Design Districts Specific Uses R WE E WRS RS GS T** D** MF** MU** MHP** P-MUD** O SC WC GC CI BP BPI CU NAP R-1B R-4** R-6** C-3** M-1 M-2 R&D** WPC** NG-1** NG-2** NG-3** KEY:P = Permitted by Right; P* = Permitted Subject to Specific Use Standards C = Conditional Use; ** = District with Supplemental Standards (refer to Article 5) RESIDENTIAL Assisted Living/Residential Care Facility P P P Boarding and Rooming House P P P P P Extended Care Facility/Convalescent /Nursing Home P P P P P P P P Dormitory P P P P P P P P Duplex P P P P Fraternity/Sorority P P P P P P Manufactured Home P* P* P* Mixed-Use Structure P P P P P P P Multi-Family P P P P P C 1 P P P Multi-Family built prior to January 2002 P P P P P P P P Shared Housing P P P P Single-Family Detached P P P P P P P P P P Single-Unit Dwelling P Townhouse P P P P P P Two-Unit Dwelling P Live-Work Unit P* P* PUBLIC, CIVIC AND INSTITUTIONAL Educational Facility, College and University P Educational Facility, Indoor Instruction P P P P P P P P P P P P P ORDINANCE NO. 2022-4397 Page 6 of 22 Educational Facility, Outdoor Instruction P C C P P P P Educational Facility, Primary and Secondary P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Educational Facility, Tutoring P P P P P P P P P P P P Educational Facility, Vocational/Trade P P P P P P P P Governmental Facilities P* P* P* P* P* P* P* P* P* P* P* P P P* P* P P P P P P* P* P* P P P P P P P P* Health Care, Hospitals P P Health Care, Medical Clinics P P P P P P P P P P Parks P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P Places of Worship P* P* P* P* P* P* P* P* P* P* P* P P P P* P P P P P P* P* P* P P P P P P P P COMMERCIAL, OFFICE AND RETAIL Agricultural Use, Barn or Stable for Private Stock P P P Agricultural Use, Farm or Pasturage P P P Agricultural Use, Farm Product Processing P Animal Care Facility, Indoor P P P P P P P P P P P P Animal Care Facility, Outdoor P* P Art Studio/Gallery P P P P P P P P P P P P Car Wash P* Commercial Garden/Greenhouse /Landscape Maint. P* P* P* P* P* P* Commercial Amusements P P P C C P* P* C P P P Conference/Conventi on Center P P P P P P P P Country Club P P P P P P P P P P ORDINANCE NO. 2022-4397 Page 7 of 22 Day Care, Commercial P P C P P P P P C C P P P P Drive-in/thru window P* P C P* Dry Cleaners and Laundry P P P* P* P P* P P P* P* P* P* P* Fraternal Lodge P P P P P P Fuel Sales P* P* P* P Funeral Homes P P P P Golf Course or Driving Range P* P* P* P* Health Club/Sports Facility, Indoor P P P P P P P P P P P P Health Club/Sports Facility, Outdoor P P* P P P P P* P Hotels C2 P P P P P P P P Mobile Food Court C 4 C 4 C 4 C 4 C 4 C 4 C 4 Night Club, Bar or Tavern C C C C C P P Offices P P P P P P P P P P P P P P P P P P Parking as a Primary Use P P C P P P P* Personal Service Shop P P P P P P P P P P P P Printing/Copy Shop P P P P P P P P P P P P P P Radio/TV Station/Studios P P P P P P P P P P P P* Recreational Vehicle (RV) Park C3 C 3 Restaurants P P P P* P* P P* P P P P* Retail Sales - Single Tenant over 50,000 SF P P P Retail Sales and Service P P P P* P* P* P* P P P P P Retail Sales and Service - Alcohol C P P* P* P C P P Sexually Oriented Business (SOB) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* ORDINANCE NO. 2022-4397 Page 8 of 22 Shooting Range, Indoor P P P P P Theater P P P P P P P P Retail Sales, Manufactured Homes P P* Storage, Self Service P* P* P P P P* P Vehicular Sales, Rental, Repair and Service P* P* P P* Wholesales/Services P* P* P P P P INDUSTRIAL AND MANUFACTURING Bulk Storage Tanks/Cold Storage Plant P P P Micro-Industrial P* P* P P* P* Industrial, Light P P P P P P Industrial, Heavy P P Recycling Facility - Large P* P P Salvage Yard P* P* Scientific Testing/Research Laboratory P P P P P Storage, Outdoor - Equipment or Materials P P* P P P Truck Stop/Freight or Trucking Terminal P P Utility P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Warehousing/Distrib ution P C P P P Waste Services P P Wireless Telecommunication Facilities - Intermediate P* P* P* P* P* P* P P* P* P* P* P* P* P* P* P* Wireless Telecommunication Facilities-Major C P* C C C C P C C C P* C ORDINANCE NO. 2022-4397 Page 9 of 22 Wireless Telecommunication Facilities- Unregulated P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P ** District with Supplemental Standards (Refer to Article 5). 1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. 2 Hotels only allowed when accessory to a Country Club development and are limi ted to a maximum of fifteen (15) rooms. 3 Refer to Section 6.4.Z "Recreational Vehicles Park Standards (RV Parks)" for Specific Use Standards. 4 Refer to Section 6.4. AC "Mobile Food Courts" for Specific Use Standards. Exhibit B That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.2 "General Provisions,” Subsection H “Low-Density Residential Height Protection” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.2. General Provisions. H. Low-Density Residential Height Protection. 1. Purpose. The purpose of low-density residential height protection is to help mitigate negative visual impacts of higher-density residential and non-residential uses on adjacent, low- density residential uses and districts. This is accomplished by regulating the height of such higher-density residential or any non-residential uses when adjacent to low-density residential uses and districts. 2. Applicability. a. This subsection shall apply to all multifamily structures, structures with Shared Housing uses, and nonresidential structures to be constructed or reconstructed in any way that would increase the building height as defined in Section 11.2 Defined Terms of this UDO, on property adjacent to a detached single-family, manufactured home park, or townhouse use or district. b. Unless otherwise stated in this UDO, the regulations herein shall not apply to any of the following: 1. Structures located in NG, RDD, and P-MUD zoning districts; 2. Utility structures such as elevated water storage tanks and electrical transmission lines; 3. Individual architectural structures such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators, or chimney flues; or any other similar structure extending above the roof of any building where such structure does not occupy more than thirty-three (33) percent of the surface area of the roof; 4. Residential radio/television receiving antennas; 5. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming; 6. When the use on the adjacent tract is agricultural; or 7. Developments designed to be mixed use or that are within areas where it has been identified that redevelopment is appropriate, as shown on the Future Land Use and Character Map of the City's Comprehensive Plan. Such developments at the periphery of the mixed use area or area identified as ORDINANCE NO. 2022-4397 Page 11 of 22 appropriate for redevelopment shall meet the terms of Low-Density Residential Height Protection, when applicable. 3. Slope Requirement. a. Multi-family structures, structures with Shared Housing uses, and non-residential structures shall remain under an imaginary line formed by a 1:2 slope as illustrated by the inclined plane in the graphic below, where 'A' is located at the property line shared with a detached single-family, manufactured home park or townhouse use or district. When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, townhouse, or manufactured home or residential amenity, the measurement shall be taken from the closest property line shared with a buildable detached single-family, townhouse, or manufactured home lot. b. In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in WC Wellborn Commercial zoning: 1. No building may exceed two (2) stories; 2. Maximum eave height shall be twenty-four (24) feet; 3. Maximum overall height to peak of roof shall be thirty-five (35) feet; 4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade; 5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty (50) feet of the property line are limited to one-story in height with an eave maximum of twelve (12) feet; and 6. An eave maximum of fourteen (14) feet in height is permitted when mechanical equipment is housed within a mezzanine. ORDINANCE NO. 2022-4397 Page 12 of 22 Exhibit C That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.3 "Off-Street Parking Standards,” Subsection H “Number of Off-Street Parking Spaces Required” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.3. Off-Street Parking Standards. H. Number of Off-Street Parking Spaces Required. In computing the number of parking spaces required, the following rules shall govern: 1. Parking requirements based on square footage shall be based upon the gross floor area, unless otherwise stated. Service areas such as mechanical rooms, restrooms, and closets shall be included in the calculation of "gross floor area" for determining required parking spaces; 2. Where fractional spaces result in computing required parking spaces, the required number of spaces must be increased to the nearest whole number. At least one (1) parking space must be provided unless otherwise specified in this UDO; 3. The parking space requirements for a use not specifically listed shall be the same as those for the most similar to the proposed use, as determined by the Administrator; 4. Whenever a building or use constructed or established after the effective date of this UDO is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, parking requirements shall be met on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this UDO is enlarged, the enlarged building or increased use shall then and thereafter comply with the parking requirements set forth herein; 5. At the time of construction, redevelopment, or when an addition to the number of existing bedrooms is completed, all single-family and townhouse uses shall come into compliance with the minimum off-street parking requirements. Garages that meet minimum dimensional standards may be counted towards parking requirements; 6. Where requirements are established on the basis of the number of seats, such requirements shall be based on the seating capacity as determined by the Building Official; 7. Where a manufacturing/industrial use has more than one (1) working shift of employees, parking shall be provided to accommodate overlap requirements during transition periods; and 8. The Design Review Board may waive parking space requirements in the Northgate and Wolf Pen Creek districts if the development meets the goals of the master plan for the respective district. ORDINANCE NO. 2022-4397 Page 13 of 22 MINIMUM OFF-STREET PARKING REQUIREMENTS Use Unit Spaces/Unit Plus Spaces For: Assisted Living/Residential Care Facility As determined by the Administrator***** Airport As determined by the Administrator***** Banks 250 s.f. Floor area over 500 s.f.: 1.0 Bowling Alley As Determined by the Administrator***** Bus Depot As Determined by the Administrator***** Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay Church Seat 0.33* Convalescent Home/Hospital Bed 0.5 Duplex Dwelling: 1 & 2 Bedroom DU 2.0 3+ Bedroom BR 1.0 Dormitory Bed 0.75 Day Care Center 250 s.f. Floor area over 500 s.f.: 1.0 Fraternal Lodge 75 s.f. Floor area over 150 s.f.: 1.0 Fraternity/Sorority House Person 1.0 1/30 s.f. meeting room Freight Station As Determined by the Administrator***** Funeral Parlor Seat 0.33 Furniture Sales, Freestanding 350 s.f. Floor area over 700 s.f.: 1.0 Golf Driving Range Tee Station 1.0 Health Club/Sports Facility As Determined by the Administrator***** Gasoline and Fuel Service 300 s.f. 1.0 Group Housing BR 2.0 As Determined by the Administrator Health Studio 150 s.f. Floor area over 300 s.f.: 1.0 Hospital As Determined by the Administrator***** Hotel/Motel DU 1.0 1/200 s.f. meeting room HUD-Code Manu. Home DU 2.0 Laundry 150 s.f. Floor area over 300 s.f.: 1.0 Live-Work Unit 250 s.f. of non- residential portion of structure Floor area over 250 s.f.: 1.0 1/BR, Residential DU Motor Vehicle Sales/Service: Office/Sales Area 250 s.f. 1.0 ORDINANCE NO. 2022-4397 Page 14 of 22 Service Area 200 s.f. 1.0 Medical or Dental Clinic < 20,000 s.f. 200 s.f. Floor area over 400 s.f: 1.0 Mixed-Use Structure**** 250 s.f. of non- residential portion of structure Floor area over 500 s.f.: 1.0 1/BR, including residential DU and hotel/motel DU Multi-Family Dwelling: 1 Bedroom BR 1.5 2+ Bedroom BR 1.0 Night Club 50 s.f. 1.0 Office Building 250 s.f. Floor area over 500 s.f.: 1.0 Personal Service Shop 250 s.f. Floor area over 500 s.f.: 1.0 Priv. School or Comm. Studio 100 s.f. Floor area over 200 s.f.: 1.0 Retail Sales & Service: GC, SC, WC, C-3 250 s.f. Floor area over 500 s.f.: 1.0 CI 350 s.f. Floor area over 700 s.f.: 1.0 Restaurant (w/o drive- through) 65 s.f. Floor area over 130 s.f.: 1.0 Restaurant (w/drive-through) 100 s.f. Floor area over 200 s.f.: 1.0 Rooming/Boarding House Person 1.0 Sales Display 250 s.f. Floor area over 500 s.f.: 1.0 Shared Housing Rooms at least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator may also exclude additional rooms, but not below the number of BRs. 1.0 ORDINANCE NO. 2022-4397 Page 15 of 22 Single-Family Dwelling*** BR 1.0*** Minimum of 2, Maximum of 4 1.0/Accessory Living Quarter Single-Unit Dwelling BR 1.0 Shopping Center** : GC, SC, WC, C-3 250 s.f. 1.0 CI 350 s.f. 1.0 Townhouse*** BR 1.0*** Minimum of 2, Maximum of 4 Theater Seat 0.25 Truck Terminal As Determined by the Administrator***** Two-Dwelling Unit BR 1.0 Veterinary Clinic 300 s.f. Floor area over 600 s.f.: 1.0 Warehouse 1,000 s.f. 1.0 "s.f." = square footage. "DU" = Dwelling Unit. "BR" = Bedroom. * Overflow parking above required parking spaces may be grassed rather than paved. All unpaved spaces shall be shown on site plan and organized for efficient traffic circulation using wheel stops and other appropriate measures as required by the Administrator. ** The minimum number of parking spaces for a shopping center shall be calculated at a rate of 1:250 in GC SC, or WC, and 1:350 in CI regardless of the composing uses unless otherwise determined by the Administrator that such composing uses require a modification to the applicable requirements. *** For areas designated Neighborhood Conservation on the Comprehensive Plan's Future Land Use and Character Map there shall be no maximum number of parking spaces. **** Mixed-Use structures in the MU Mixed-Use and MF Multi-Family districts. ***** When determining the required off-street parking requirements for the uses noted above, the Administrator shall consider the anticipated traffic demand, traffic circulation, and surrounding conditions. The Administrator may also consider information provided by the applicant that demonstrates the proposed number of off-street parking spaces is adequate for the proposed use and has been successfully employed in other locations. ORDINANCE NO. 2022-4397 Page 16 of 22 Exhibit D That Appendix A, “Unified Development Ordinance,” Article 7, "General Development Standards," Section 7.7 "Buffer Requirements” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 7.7. Buffer Requirements. A. Purpose. The purpose of buffer requirements, which generally include a buffer yard, plantings, and a fence or wall, is to provide a visual barrier between different zoning districts and to help mitigate any negative impacts of adjacent land uses on developed or developing properties. A buffer should visibly separate one (1) use from another and shield or block noise, glares, or other nuisances. B. Applicability. 1. Perimeter buffers shall be provided on building plots abutting developed or developing sites in accordance with the standards of this Section, as outlined in Section 7.7.F, Minimum Buffer Standards. The following shall provide buffers: a. Vacant sites that develop; b. Existing sites when additions, expansions, and/or redevelopments equal or are greater than twenty-five (25) percent of the existing improvements; c. Existing sites when cumulative additions, expansions, and/or redevelopments total twenty- five (25) percent or more of the existing improvements; d. Existing sites when a change of use intensifies the development in terms of elements such as traffic, processes, noise, water or air pollution, etc.; e. Existing sites with lawfully established nonconforming uses when the use is expanded; and f. Sexually-oriented businesses. 2. Exceptions to the terms of this Section will be made when: a. The adjacent developed use is nonconforming; b. The adjacent developed use is agricultural; c. The Land Use Plan designates the area as Redevelopment; d. The property is zoned P-MUD or PDD and the buffer requirement was determined through the rezoning process; e. The developing use is a Primary or Secondary Educational Facility containing a building with a Group "E" occupancy as defined in the International Building Code; or f. Properties in NG and RDD districts. Per Ordinance No. 3280 (September 9, 2010) ORDINANCE NO. 2022-4397 Page 17 of 22 g. The required buffer yard is adjacent to FEMA designated 100-year floodplain or residential common area, with approval by the Administrator. C. Relationship to Other Landscaping Standards. All buffer requirements shall be included on a development's Landscaping Plan. Landscaping provided to meet the buffer landscaping standards of this Section may not be counted towards meeting a project's landscape point requirements. The area of a site dedicated to a perimeter buffer shall not be included in calculating a site's minimum landscaping point requirements. D. Location. The buffer shall abut property boundaries shared with less intense uses or zoning districts as shown in Section 7.7.F, Minimum Buffer Standards. In the event that a property abuts a less intense use and a less intense zoning district, the more stringent buffer shall be required along the shared boundary. E. Permitted Uses. 1. A buffer yard may be used for passive recreati on or stormwater management. It may contain pedestrian, bike, or equestrian trails provided that: a. No plant material is eliminated; b. The total width of the buffer yard is maintained; and c. All other regulations of this Section are met. 2. No active recreation area, storage of materials, parking, driveways, or structures, except for approved pedestrian, bike or equestrian trails and necessary utility boxes and equipment, shall be located within the buffer yard. 3. Pedestrian access through a perimeter fence or wall and buffer yard may be provided at the abutting resident's, homeowners association's, or the Administrator's option to provide convenient pedestrian access to nonresidential uses such as commercial areas or schools. F. Minimum Buffer Standards. The buffer requirements are designed to permit and encourage flexibility in the widths of buffer yards, the number of plants required in the buffer yard, and opaque screens. Standard buffer requirements are depicted in the table below. The numbers shown are the required buffer widths. DEVELOPING USE (Classification) ABUTTING PARCEL* (Use more restrictive of the zoning or the developed use.) Single-Family Residential (ii) Multi-Family Residential (i) Non- Residential (iii) Single-family (ii) N/A N/A N/A Multi-Family (i) (iii) 10' (1) N/A N/A Office 10' (1) N/A N/A Commercial *** 15' (2) 10' (1) N/A Industrial 25' (2) 15' (2) 5' ORDINANCE NO. 2022-4397 Page 18 of 22 Business Park 50' (2) 15' (2) 5' Business Park - Industrial 50' (2) 30' (2) 10'** SOB 50' (2) 50' (2) 50' (2) (i) Includes duplexes and Shared Housing uses. (ii) Includes manufactured homes, mobile homes, manufactured home parks, and townhouses. (iii) Includes commercial and other non-residential uses developed in the MF Multi-Family district. * When an abutting parcel is vacant and zoned R Rural, the Administrator shall use the future land use of the property as designated on the Comprehensive Land Use Plan in lieu of the zoning category in determining the buffer requirement. ** When an abutting parcel is zoned BP Business Park or BPI Business Park Industrial, the buffer width shall be reduced to five feet (5'). *** When a developing parcel is zoned WC Wellborn Commercial and adjacent to single- family, the buffer width shall be twenty (20) feet with a fence. (1) Fence (2) Wall 1. Buffer Yards. a. Buffer yards shall be measured from the common property line and may be located within established building setbacks. b. Where utility or drainage easements or other similar situations exists in the required buffer yard, the buffer yard may be reduced by the width of the easement; however, an additional five (5) feet may be required beyond the width of the easement in these situations to allow for the required plantings and fence or wall. All new plantings and irrigation shall be located outside of the easement. The Administrator has the discretion to allow a required fence or wall within the easement. c. In WC Wellborn Commercial: 1. Buffer required plantings shall be doubled along property lines adjacent to single-family residential zoning or land use. In lieu of a fence, plantings may be tripled. 2. When adjacent to single-family use, zoning, or future Land Use and Character designation, a buffer wall is required for the length of any adjacent parking, loading areas, or dumpster uses (including required maneuvering space). d. In BP Business Park, required buffer plantings shall be doubled along property lines adjacent to single-family residential zoning or development. e. In BPI Business Park Industrial, required buffer plantings shall be doubled along property lines adjacent to any zoning district or use other than BP Business Park or BPI Business Park Industrial. ORDINANCE NO. 2022-4397 Page 19 of 22 f. In MF Multi-Family and MU Mixed-Use, buffer yards shall only be required along the perimeter of the development, unless otherwise exempted in this Section. No buffer yards are required between uses contained within the development. 2. Plantings. a. If a fence or wall is not required per the table above, the following plantings shall be installed in the buffer yard: 1. A minimum of one (1) five-gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscaping buffer; and 2. A minimum of one (1) two-inch caliper canopy tree per twenty-five (25) linear feet of landscape buffer. b. If a fence or wall is required per the table above, the following plantings shall be installed in the buffer yard, unless expressly provided for otherwise in this UDO: 1. A minimum of one (1) 1.25-inch caliper non-canopy tree per fifteen (15) linear feet of landscaping buffer. The Administrator may allow the substitution of a minimum of one (1) five-gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscaping buffer for the non-canopy tree requirement, or may require the substitution to mitigate potential negative impacts of a development; and 2. A minimum of one (1) two-inch caliper canopy tree per twenty-five (25) linear feet of landscape buffer. c. All buffer yard landscaping areas not dedicated to trees or shrubs shall be landscaped with grass, ground cover, or other appropriate landscape treatment in accordance with Section 7.6.C.3, Landscaping and Tree Protection. d. Fifty (50) percent of all required shrubs within the buffer yard shall be evergreen. e. Plant materials shall show a variety of texture, color, shape, and other characteristics. Recommended buffer materials can be found in the College Station Plant List or in those listed as appropriate for Zone 8 on the USDA Hardiness Zone Map. f. The arrangement of trees and shrubs in the buffer area shall be done in a manner that provides a visual separation between abutting land uses. Shrubs shall be massed in rows or groups to achieve the maximum screening effect. g. Irrigation is required for all new plantings. h. Existing vegetation may count toward the planting requirement if: 1. The vegetation is in good health and the landscaping plan verifies that it will meet the plantings criteria listed above (non-point trees may count towards a natural buffer); and 2. The vegetation is protected in accordance with Section 7.6.C.2.c, Landscaping and Tree Protection, of this UDO. ORDINANCE NO. 2022-4397 Page 20 of 22 i. Plantings will not be allowed to encroach into a required visibility triangle for a public or private right-of-way except as provided for in Section 7.2.C, Visibility at all Intersections in All Districts. 3. Fences and Walls. a. Fences may be solid wood or solid wood accented by masonry, stone, EIFS (Exterior Insulation and Finish System), or concrete columns. Walls may be masonry, stone, EIFS, concrete, or a combination of these materials, and shall be finished on both sides (framing not visible). Walls and masonry columns for fences must meet the footing standards prescribed by the Building Code for such structures. b. Fences and walls shall be a minimum of six (6) feet in height and a maximum of eight (8) feet. Walls over six (6) feet must obtain a building permit. When the adjacent property and the buffer yard are at different elevations, the Administrator may require a greater fence or wall height to ensure adequate buffering. c. Fences and walls shall be placed within one (1) foot of the common boundary line when physically possible. In the event that there is a physical constraint that will not allow the construction of a fence on the common boundary line (including, but not limited to, the existence of a creek, access easement, or existing vegetation), the Administrator may authorize an alternative fence location. d. Fences or walls will not be allowed to encroach into a required visibility triangle for a public or private right-of-way. 4. Substitutions. a. Existing natural vegetation may be used in lieu of plantings and a fence or wall under the following circumstances: 1. The existing vegetation consists of canopy and non-canopy trees which are shown through a tree survey to meet the minimum buffer planting requirements (non-point trees may be considered) and is of sufficient density to provide one hundred (100) percent opacity to a height of six (6) feet; and 2. The vegetation is protected in accordance with Section 7.6.C.2.c, Landscaping and Tree Protection, of this UDO. b. Fences and walls may be substituted with a solid plant or hedge wall that is greater than six (6) feet in height with approximately one hundred (100) percent opacity. All shrubs planted for a hedge wall must be a minimum of fifteen (15) gallons each. The solid plant or hedge wall must be evergreen and may not be counted towards meeting the buffer planting requirement. c. Fences and walls may be substituted with a landscaped earthen berm if the combination of berm and landscaping is not less than six (6) feet in height from the elevation at the property line with approximately one hundred (100) percent opacity. The berm plantings must be evergreen and may not be counted towards meeting the buffer planting requirement. Berms must be a minimum of four (4) feet in height with a maximum slope of 3:1. Berms in excess of six (6) feet in height shall have a maximum slope of 4:1 as measured from the exterior property line. ORDINANCE NO. 2022-4397 Page 21 of 22 d. The required height of fences or walls may be reduced if used in combination with an earthen berm or a landscaped earthen berm if the height of the screening is si x (6) feet from the elevation at the property line with approximately one hundred (100) percent opacity. The berm plantings must be evergreen and may not be counted towards meeting the buffer planting requirement. e. Walls may be substituted with fences if the required buffer yard area and plantings are doubled. f. Walls and fences may be omitted if the required buffer yard area and plantings are tripled. g. Walls and fences may be omitted if two (2) rows of evergreen plantings (minimum six (6) feet in height at time of planting) are provided to create a solid screen along the common property line. h. Buffer plantings may be reduced by half if providing a wall where a fence is required. G. Maintenance and Replacement. 1. Upon installation or protection of required landscape materials, appropriate measures shall be taken to ensure their continued health and maintenance. Required landscape areas and buffers shall be free of garbage and trash, weeds, pests, and disease. Required plant materials that do not remain healthy shall be replaced consistently with these provisions. 2. All landscaping materials and/or fences, walls, or berms shall be maintained by the owner(s) of the property that was required to install such landscaping materials and/or fences, walls, or berms under this Section. 3. Any canopy tree removed or otherwise destroyed by the willful act or negligence of the property owner, tenant, or contractor shall be replaced by a tree of the same or larger caliper. H. Appeals. 1. Appeals of the terms of this Section, with the exception of Section G, Maintenance and Replacement, shall be to the Design Review Board (DRB). 2. An appeal shall be made within thirty (30) days of the date of the notification of the decision by filing with the Administrator a notice of appeal specifying the grounds thereof. 3. The DRB may authorize on appeal alternative buffer standards for a specific property or a waiver to the Buffer Requirements of this Section when such standards or variance will not be contrary to the public interest where, owing to unique and special conditions not normally found in like areas, a strict enforcement of the provisions of the ordinance by the Administrator would result in unnecessary hardship, and so that the spirit of this Section shall be observed and substantial justice done. ORDINANCE NO. 2022-4397 Page 22 of 22 Exhibit E That Appendix A, “Unified Development Ordinance,” Article 11, "Definitions," Section 11.2 "Defined Terms” of the Code of Ordinances of the City of College Station, Tex as, is hereby amended by making changes to the following definitions: 1. By adding the following definition: Shared Housing: A residential dwelling unit providing complete, independent living facilities designed to exceed occupancy levels of more than one (1) family, including permanent provisions for living, sleeping, cooking, eating, and sanitation. Such use may be identified and differentiated from other residential uses by considering a combination of structure or property characteristics that may be used to increase occupancy to more than one (1) family, such as: (1) A residential dwelling unit containing more than four bedrooms or able to house more than four people using other rooms such as dens, offices, game rooms, or similar spaces that have the potential to be used for sleeping purposes in accordance with the International Residential Code (IRC) definition of habitable space; (2) A residential dwelling unit containing a similar bedroom to bathroom parity in excess of four; (3) A residential dwelling unit containing a high quantity of bathrooms, usually in excess of four, of which most can only be accessed through a bedroom or other room such as a den, office, game room, or similar space; (4) A residential dwelling unit that is in excess of one story for the purpose of limiting the building footprint on the lot to meet impervious cover requirements; (5) The property where the residential dwelling unit is located does not contain a garage, or if it contains a garage, has the ability to support additional living space; and/or (6) The property where the residential dwelling unit is located contains a parking area that will allow parking in excess of four vehicles. 2. By deleting the following definition: Northgate High-Density Dwelling Unit: A residential structure providing complete, independent living facilities for three (3) or more households, living independently of each other and including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit. Households in a Northgate High-Density Dwelling Unit allows more than four (4) but not greater than six (6) unrelated individuals, when one (1) bedroom is provided per each unrelated individual.