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2023-4424 - Ordinance - 03/23/2023ORDINANCE NO. 2023-4424 AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3.16, “CONDITIONAL USE PERMITS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, REGARDING CONDITIONAL USE PERMITS; 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 3, “Development Review Procedures,” Section 3.16, “Conditional Use Permits,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” 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. 2023-4424 Page 2 of 6 PASSED, ADOPTED and APPROVED this 23th day of March, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2023-4424 Page 3 of 6 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.16, “Conditional Use Permits” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 3.16. Conditional Use Permit. A. Purpose. Conditional Use permit review allows for City Council discretionary approval o f uses with unique or widely- varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDO. B. Applicability. Conditional Uses are generally compatible with those uses permitted by right in a zoning district, but require individual review of their location, design, configuration, Density and intensity, and may require the imposition of additional conditions to ensure the appropriateness and compatibility of the use at a particular location. C. Applications. A complete application for a Conditional Use permit shall be submitted to the Administrator as set forth in the General Approval Procedures Section in Article 3 Development Review Procedures of this UDO. A complete Site Plan must accompany all applications for a Conditional Use permit. D. Approval Process. 1. Preapplication Conference. Prior to the submission of an application for a Conditional Use permit, 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. 2. Review and Report by Administrator. Once the application is complete, the Administrator shall review the proposed Development subject to the criteria enumerated in the Conditional Use Review Criteria Subsection below and give a report to the Planning and Zoning Commission on the date of the scheduled Public Hearing. ORDINANCE NO. 2023-4424 Page 4 of 6 3. Planning and Zoning Commission Recommendation. a. Notice. The Planning and Zoning Commission shall publish, post, and mail notice in accordance with the General Approval Procedures Section in Article 3 Development Review Procedures of this UDO. b. Public Hearing. After review of the Conditional Use application, subject to the criteria enumerated in the Conditional Use Review Criteria Subsection below, the Planning and Zoning Commission shall hold a Public Hearing and recommend to the City Council such action as the Planning and Zoning Commission deems proper. 4. City Council Action. a. Notice. The City Council shall publish, post, and mail notice in accordance with the General Approval Procedures Section in Article 3 of this UDO. b. Public Hearing. The City Council shall hold a Public Hearing after review of the Conditional Use application, subject to the criteria enumerated in Section E below. With consideration of the recommendation provided by the Planning and Zoning Commission, the City Council shall approve, approve with modifications or conditions, or disapprove the Conditional Use application. E. Conditional Use Review Criteria. The City Council may approve an application for a Conditional Use where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council shall consider the following criteria in its review: 1. Purpose and Intent of the UDO. The proposed use shall meet the purpose and intent of this UDO and the use shall meet all the minimum standards established in this UDO for this type of use. 2. Consistency with the Comprehensive Plan. The proposed use shall be consistent with the Development policies and goals and objectives as embodied in the Comprehensive Plan. 3. Compatibility with the Surrounding Area. The proposed use shall not be detrimental to the health, welfare, or safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property. 4. Harmonious with the Character of the Surrounding Area. The proposed Site Plan and circulation plan shall be harmonious with the character of the surrounding area. 5. Infrastructure Impacts Minimized. The proposed use shall not negatively impact existing Land Uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services. 6. Effect on the Environment. ORDINANCE NO. 2023-4424 Page 5 of 6 The proposed use shall not negatively impact existing Land Uses in the area or in the City. F. Additional Conditions. The City Council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this UDO and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping, and additional improvements such as curbing, utilities, drainage facilities, sidewalks, and screening. G. Enlargement, Modification, or Structural Alteration 1. A Building, Premise, or use under a Conditional Use permit may be enlarged, modified, structurally altered, or otherwise changed without applying for a new Conditional Use permit provided the Administrator determines that the changes do not: a. Increase the height of Structures; b. Increase Building square footage from its size at the time the original Conditional Use permit was granted by greater than ten percent (10%); c. Reduce the distance between a Building or noise-generating activity on the property and an adjacent, off-site residential Land Use. This provision shall not apply should the property and the residential Land Use be separated by a major thoroughfare depicted on the City’s Thoroughfare Plan; or d. Reduce the buffer yard or buffer plantings as indicated on the previously approved Site Plan. 2. The Administrator may require a new application for a Conditional Use permit for any reason when an enlargement, modification, or structural alteration is proposed. 3. All other enlargements, modifications, structural alterations, or changes shall require the approval of a new Conditional Use permit. H. Duration; Expiration; Suspension; Violation; Revocation 1. Duration. A Conditional Use permit shall remain in effect until it expires, is suspended, or is revoked in accordance with this Section. 2. Expiration. A Conditional Use permit shall expire if: a. A construction permit, if any, for the Conditional Use has not been approved within one (1) year of the date of approval of the Conditional Use permit; b. The construction permit subsequently expires; c. The Conditional Use has been discontinued for a period exceeding three (3) months; or d. A termination date attached to the Conditional Use permit has passed. 3. Suspension. ORDINANCE NO. 2023-4424 Page 6 of 6 In accordance with the authority granted to municipalities by the state, the City shall have the ri ght to immediately suspend the Conditional Use permit for any property where the Premises are determined to be an immediate hazard to the health and safety of any person or an immediate danger to any adjacent property. The suspension shall be for a period not to exceed twenty-four (24) hours or until the danger or hazard is removed. 4. Violation. It is unlawful for any Person to violate or to cause or permit to be violated any terms or conditions of a Conditional Use permit or upon which a Conditional Use permit was issued. 5. Revocation. The revocation of a Conditional Use permit shall follow the following revocation procedure: a. If the Administrator determines, based on inspection or investigation by the City, that there are reasonable grounds for revocation of a Conditional Use permit, a public hearing shall be set before the Planning and Zoning Commission for a recommendation and a public hearing before the City Council for the consideration of an ordinance amendment. Circumstances that warrant re vocation of an approved Conditional Use permit application shall include but not be limited to the following : 1) There is a conviction for a violation of any of the provisions of the Unified Development Ordinance, the ordinance approving the Conditional Use, or any ordinance of the City that occurs on the property for which the Conditional Use permit is granted; 2) The Building, Premise, or uses under the Conditional Use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate Conditional Use permit for such enlargement, modification, structural alteration, or change, unless Administrator had determined that such enlargement, modification, or structural alteration did not require a new Conditional Use permit, as described in the Applicability Subsection above; 3) Violation of any provision of the Site Plan encompassing the property for which the Conditional Use permit was issued for, terms, or conditions of a Conditional Use permit; or 4) The Conditional Use permit was obtained by fraud or with deception. b. The revocation process shall be conducted as for the Conditional Use permit, including giving notice to the holder of the Conditional Use permit and property owners within 200 feet of the public hearings in the manner provided in the Required Public Notice Subsection of the General Approval Procedures Section in Article 3 Development Review Procedures of this UDO. c. The City Council may revoke the Conditional Use permit, deny the revocation and allow the use to continue, or deny the revocation and amend the Conditional Use permit to attach conditions to assure that the terms, conditions, and requirements of the Conditional Use permit be met. d. Upon the effective date of the revocation set by City Council, it shall be unlawful to undertake or perform any activity that was previously authorized by the Conditional Use permit. The property subject to the Conditional Use permit may be used for any permitted use within the base zoning district.