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2023-4453 - Ordinance - 08/10/2023ORDINANCE NO. 2023-4453 Page 1 of 335 ORDINANCE NO. 2023-4453 AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 1 “GENERAL PROVISIONS,” ARTICLE 2 “DEVELOPMENT REVIEW BODIES,” ARTICLE 3 “DEVELOPMENT REVIEW PROCEDURES,” ARTICLE 4 “ZONING DISTRICTS,” ARTICLE 5 “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” ARTICLE 6 “USE REGULATIONS,” ARTICLE 7 “GENERAL DEVELOPMENT STANDARDS,” ARTICLE 8 “SUBDIVISION DESIGN AND IMPROVEMENTS,” ARTICLE 9 “NONCONFORMITIES,” ARTICLE 10 “ENFORCEMENT,” AND ARTICLE 11 “DEFINITIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, REGARDING FORMATTING AND CONTENT EDITS TO THE UNIFIED DEVELOPMENT ORDINANCE; 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,” Article 2 “Development Review Bodies,” Article 3 “Development Review Procedures,” Article 4 “Zoning Districts,” Article 5 “District Purpose Statements and Supplemental Standards,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” Article 8 “Subdivision Design and Improvements,” Article 9 “Nonconformities,” Article 10 “Enforcement,” and Article 11 “Definitions,” 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. ORDINANCE NO. 2023-4453 Page 2 of 335 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 10th day of August, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2023-4453 Page 3 of 335 Exhibit A That Appendix A, “Unified Development Ordinance,” Article 1 “General Provisions,” Article 2 “Development Review Bodies,” Article 3 “Development Review Procedures,” Article 4 “Zoning Districts,” Article 5 “District Purpose Statements and Supplemental Standards,” Article 6 “Use Regulations,” Article 7 “General Development Standards,” Article 8 “Subdivision Design and Improvements,” Article 9 “Nonconformities,” Article 10 “Enforcement,” and Article 11 “Definitions,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Article 1. General Provisions Sec. 1.1. Short Title. This Ordinance shall be officially known and cited as the Unified Development Ordinance (UDO) of the City of College Station, Texas. References to "this Ordinance" or "this UDO" shall be interpreted as references to this Unified Development Ordinance. Sec. 1.2. Authority. This UDO is adopted under the authority of the constitution and laws of the State of Texas, including particularly Chapters 211 and 212 of the Texas Local Government Code, as amended, and pursuant to the provisions of the Charter and Ordinances of the City of College Station, Texas. Sec. 1.3. Scope and Purpose. A. This UDO is adopted for the purpose of promoting the public health, safety, and general welfare of the citizens of the City of College Station. More specifically, this UDO provides for the division of land into different districts, regulations of such districts, regulations for the subdivision of land and drainage regulations pertaining thereto. These regulations are designed to be consistent with the Comprehensive Plan. The Comprehensive Plan is the fundamental guide to all decisions made under this UDO. To implement the broad goals of the plan, this UDO regulates land use and the division of land to achieve objec tives of the plan that include, but are not limited to, the following: 1. Promote the beneficial, economic, and appropriate development of all land and the most desirable use of land in accordance with a well-considered plan; 2. Protect the character and the established pattern of desirable development in each area; 3. Prevent or minimize land-use incompatibilities and conflicts among different land uses; 4. Establish a process that effectively and fairly applies the regulations and standards of this UDO and respects the rights of property owners and the interests of citizens; and 5. Implements the Comprehensive Plan through compliance with its elements. Sec. 1.4. Jurisdiction. A. Land Within the City Limits. Except as set forth below, this UDO applies to all land within the city limits of College Station. All structures and land uses constructed or commenced after the effective date of this UDO, and all enlargements of, additions to, changes in, and relocations of existing structures and uses occurring after the effective date of this UDO shall be subject to this UDO. B. Land Within the Extraterritorial Jurisdiction of College Station. ORDINANCE NO. 2023-4453 Page 4 of 335 The City of College Station and Brazos County are, jointly, the primary platting authority in the City's extraterritorial jurisdiction in Brazos County. Burleson County is the primary platting authority in the portion of the City's extraterritorial jurisdiction which lies in Burleson County. The following Sections of this UDO shall apply to all properties outside the city limits of College Station, but lying within the City's extraterritorial jurisdiction as established by the Municipal Annexation Act: 1. Applicable portions of the Signs Section of Article 7, General Development Standards of this UDO; 2. Article 8, Subdivision Design and Improvements; 3. Article 10, Enforcement; and 4. Applicable definitions within Article 11, Definitions. C. Land Zoned BioCorridor Planned Development District. The City of College Station and the City of Bryan have adopted common development proce sses and standards for land that is zoned BioCorridor Planned Development District in each City's jurisdiction. The following Sections of the UDO shall not apply to property zoned BioCorridor Planned Development District: 1. Article 3, Development Review Procedures; 2. Article 6, Use Regulations; 3. Article 7, General Development Standards; and 4. Article 8, Subdivision Design and Improvements, with the exception of the Requirements for Parkland Dedication Section. Dedication of parkland shall remain in effect for properties within the BioCorridor Planned Development District. Sec. 1.5. Applicability. A. In their interpretation and application, the provisions of this UDO shall be held to be minimum requirements (including cases where minimum requirements are stated as a maximum standard) adopted for the promotion of public health, safety, and general welfare. B. Whenever the requirements of this UDO are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the requirement that is most restrictive or that imposes higher standards as determined by the Administrator shall govern. When making the determination, the Administrator must use the canons of statutory construction to determine the governing regulation. C. The issuance of any permit, certificate, or approval in accordance with the standards and requirements of this UDO shall not relieve the recipient of such permit, certificate, or approval from the responsibility of complying with all other applicable requirements of any other City, state, or federal agency having jurisdiction over the structures or land uses for which the permit, certificate, or approval was issued. Sec. 1.6. Relationship to the Comprehensive Plan. A. It is intended that this UDO implement the planning policies of the City of College Station as adopted as part of the Comprehensive Plan. B. The Comprehensive Plan, including any associated plans or studies adopted by the City Council, shall be required prior to, or concurrent with, permitting development that would conflict with such plan. C. The alignments of proposed thoroughfares, bicycle and pedestrian facilities, and other linear public facilities and infrastructure described and/or depicted as part of the Comprehensive Plan and associated plans or studies are generalized locations that are subject to modifications to fit local conditions, budget constraints, and right-of-way and easement availability that warrant further refinement as development occurs. Alignments approved by the Administrator that are within one thousand (1,000) feet of the alignment described and/or shown on the adopted plan documents will not require an amendment to the associated ORDINANCE NO. 2023-4453 Page 5 of 335 plan. The Administrator may update geographic information system (GIS) map layers and other representations within the aforementioned discretion to reflect existing, approved, or studied conditions as development occurs. Sec. 1.7. Effective Date. This UDO shall become effective and be in full force and effect ninety (90) days from its passage an d approval by the City Council, as duly attested by the Mayor and City Secretary. Sec. 1.8. Annual Review. The City Council shall review annually the Comprehensive Plan and this UDO. The review, or any delay in the review by the City Council, shall not affect the legality of the Comprehensive Plan or this UDO. Sec. 1.9. Severability. Should any section or provision of this UDO be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. Sec. 1.10. Transitional Provisions. A. Pending Construction. 1. Building Permits. As provided by Chapter 245 of the Texas Local Government Code, as amended, 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 in the following table: Retained District Name Effective Date WPC Wolf Pen Creek Development 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 District June 13, 2003 OV Corridor Overlay June 13, 2003 2. Renamed Districts. The following zoning districts shall henceforth be renamed as shown in the following table: ORDINANCE NO. 2023-4453 Page 6 of 335 Previous District Previous Name New District New Name Effective Date A-OX Existing Rural Residential A-O Agricultural-Open June 13, 2003 R-1A Single-Family Residential R-1 Single-Family Residential June 13, 2003 R-6 Apartment High Density R-6 High Density Multi-Family June 13, 2003 M-1 Planned Industrial M-1 Light Industrial June 13, 2003 NG-2 Commercial Northgate NG-2 Transitional Northgate April 2, 2006 A-P Administrative Professional O Office October 7, 2012 C-1 General Commercial GC General Commercial October 7, 2012 C-2 Commercial Industrial CI Commercial Industrial October 7, 2012 A-O Agricultural Open R Rural September 22, 2013 A-OR Rural Residential Subdivision E Estate September 22, 2013 R-1 Single-Family Residential GS General Suburban September 22, 2013 R-2 Duplex Residential D Duplex September 22, 2013 R-3 Townhouse T Townhouse September 22, 2013 R-7 Manufactured Home Park MHP Manufactured Home Park September 22, 2013 WPC Wolf Pen Creek Development Corridor WPC Wolf Pen Creek June 22, 2023 3. Combined Districts. The following zoning districts shall henceforth be combined as reflected in the following table: Combined Districts Name New District New Name Effective Date R-4 Apartment/Low Density R-4 Multi-Family June 13, 2003 R-5 Apartment/Medium Density C-B Business Commercial C-1 General Commercial June 13, 2003 C-1 General Commercial C-3 Planned Commercial C-3 Light Commercial June 13, 2003 C-N Neighborhood Business 4. Retired Districts. The following districts are no longer eligible for Official 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 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 R-1B Single-Family Residential September 22, 2013 R-4 Multi-Family December 28, 2014 R-6 High Density Multi-Family December 28, 2014 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 the adoption of this UDO. New District Name Effective Date RDD Redevelopment District June 13, 2003 ORDINANCE NO. 2023-4453 Page 7 of 335 P-MUD Planned Mixed-Use Development June 13, 2003 NCO Neighborhood Conservation Overlay December 13, 2007 HP Historic Preservation Overlay September 11, 2008 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 MH Middle Housing November 6, 2022 6. Redesignated District. Henceforth all areas designated PUD Planned Unit Development shall be redesignated PDD Planned Development Districts. The individual ordinances that created the PUD Planned Unit Developments shall remain in effect, along with all provisions and conditions listed therein. Any m odification of a former PUD Planned Unit Development shall follow the provisions for PDD Planned Development Districts listed herein. Previous District Name Redesignated District Name Effective Date PUD Planned Unit Development PDD Planned Development District June 13, 2003 7. Deleted Districts. The following districts not existing on the Official Zoning Map are hereby deleted: Deleted District Name Effective Date C-PUD Commercial Planned Unit Development June 13, 2003 C-NG Commercial Northgate June 13, 2003 KO Krenek Tap Overlay April 22, 2018 Article 2. Development Review Bodies Sec. 2.1. City Council. A. General. The City Council will be responsible for final action regarding the text of this UDO and the Official Zoning Map. B. Powers and Duties. As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO: 1. Appointments. ORDINANCE NO. 2023-4453 Page 8 of 335 The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission, Zoning Board of Adjustment, Design Review Board, Landmark Commission, and Bicycle, Pedestrian, and Greenways Advisory Board. 2. Final Action. The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost- sharing of infrastructure improvements; b. Conditional use permits; c. Official Zoning Map amendments (rezonings); d. Concept plans for P-MUD Planned Mixed-Use Districts and PDD Planned Development Districts; e. Unified Development Ordinance text amendments; f. Comprehensive Plan amendments; g. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; h. Annexations; i. Appeal of the Planning and Zoning Commission's decision regarding a development exaction appeal; j. Appeal of the Landmark Commission's denial of a certificate of appropriateness; k. Appeal of the Landmark Commission's decision of a certificate of demolition; and l. Petitions to form a municipal utility district. Sec. 2.2. Planning and Zoning Commission. A. Creation. The City Council shall provide for the appointment of a Planning and Zoning Commission and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. B. Membership and Terms. 1. Number, Appointment. A Planning and Zoning Commission is hereby created to consist of seven (7) members. Members shall be residents of the City of College Station and eligible voters. Additionally, one (1) or more ad hoc members may be appointed as needed or desired to review impact fee land use assumptions and capital improvements plans and to perform such other duties in accordance with Chapter 395 of the Texas Local Government Code, as amended. 2. Terms. The term of office is three (3) years. 3. Term Limits. Terms of office shall be limited to six (6) consecutive years. 4. Vacancies. Vacancies shall be filled by the City Council for the unexpired term of any member whose position becomes vacant. C. Officers, Meetings, Quorum. ORDINANCE NO. 2023-4453 Page 9 of 335 1. Officers. A chairperson shall be appointed annually by the City Council. The Planning and Zoning Commission shall select a vice-chairperson from among its members as needed. 2. Meetings. Members of the Planning and Zoning Commission shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation advanced to the City Council without a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding. The Planning and Zoning Commission shall adopt its own rules of procedure. 5. Minutes. The Planning and Zoning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record. D. Powers and Duties. The Planning and Zoning Commission shall have the following powers and duties: 1. Comprehensive Plan. The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations. The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Official Zoning Map amendments (rezonings); c. Concept plans for P-MUD Planned Mixed-Use Districts and PDD Planned Development Districts; d. Unified Development Ordinance text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; g. Annexations; and h. Petitions to form a municipal utility district. 3. Final Action. The Planning and Zoning Commission shall hear and take final action on the following: a. Applicable appeals of decisions of the Design Review Board; b. Preliminary plans and plats not approved by staff as set forth in the Plats Section in Article 3, Development Review Procedures of this UDO; ORDINANCE NO. 2023-4453 Page 10 of 335 c. Waivers of the standards in Article 8, Subdivision Design and Improvements of this UDO; d. Appeal of the Administrator's determination of a development exaction; e. Appeal of the Administrator's denial of a plat; f. Appeal of the Administrator's determination regarding the applicability of plat requirements; g. Appeal of the Administrator's denial of an alternative parking plan; and h. Appeal of the Administrator's interpretation of the provisions of Article 8, Subdivision Design and Improvements of this UDO. E. Staff. 1. The Administrator shall provide staff to the Planning and Zoning Commission as needed. 2. Where ministerial acts have not been completed, the staff shall ensure that the changes to plats are completed as approved by the Planning and Zoning Commission. Sec. 2.3. Zoning Board of Adjustment. A. Creation. The City Council shall provide for the appointm ent of a Zoning Board of Adjustment and the regulations and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State of Texas. B. Membership and Terms. 1. Number, Appointment. The Zoning Board of Adjustment shall consist of five (5) members who are residents of the City of College Station and eligible voters. Appointment of members shall be made by the City Council. The City Council may provide for the appointment of four (4) alternate members of the Zoning Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so. 2. Terms. Each member of the Zoning Board of Adjustment shall be appointed for a term of two (2) years. Three (3) members shall be appointed in even-numbered years and two (2) members shall be appointed in odd-numbered years to maintain a membership of five (5) members. Any alternate members appointed shall serve for the same period as the regular members and any vacancies shall be filled in the same manner as the regular members. 3. Vacancies. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. C. Officers, Meetings, Quorum. 1. Officers. A chairperson shall be appointed annually by the City Council. The Zoning Board of Adjustment shall select a vice-chairperson from among its members. 2. Meetings. Meetings of the Zoning Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in their absence the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board where a quorum is present shall be open to the public. ORDINANCE NO. 2023-4453 Page 11 of 335 3. Quorum. All cases heard by the Zoning Board of Adjustment will always be heard by a minimum number of four (4) members. Four (4) members shall constitute a quorum for the transaction of business and no variance or appeal shall be granted without a concurring vote of four (4) members. 4. Rules of Proceeding. The Zoning Board of Adjustment shall adopt its own rules of procedure. 5. Minutes. The Zoning Board of Adjustment shall keep minutes of its proceedings, indicating the vote of each member on each question or the fact that a member is absent or fails to vote, and shall keep records of its examinations and other official actions. The minutes and records shall be immediately filed in the Planning and Development Services Department and shall be a public record. D. Powers and Duties. The Zoning Board of Adjustment shall have the following powers and duties: 1. Variances. To hear and decide requests for variance from the setback, parking number or dimensions, parking island number or dimensions, sign (excluding sign regulations in the extraterritorial jurisdictio n), maximum height, or lot size or dimension requirements of this UDO. Also, to hear and decide drainage variances (excluding landscaping provisions) in accordance with the Flood Hazard Protection Article of Chapter 105, Floods of the City of College Station Code of Ordinances when strict application of the provisions of the ordinance would result in unnecessary hardship. Specifically excluded from the variance process are requests for relief from a site plan requirement imposed by the Administrator when the requirement was necessary to gain compliance with the criteria for approval of a site plan in the Site Plans Section of Article 3, Development Review Procedures of this UDO. Such requests will be heard and decided by the Design Review Board. Also excluded are roadway and infrastructure construction criteria and other regulations contained in Article 8, Subdivision Design and Improvements of this UDO. Such requests shall require waivers granted by the Planning and Zoning Commission. 2. Administrative Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Administrator or their designee in the enforcement of this UDO. 3. Official Zoning Map. To interpret the intent of the Official Zoning Map where uncertainty exists because the physical features on the ground vary from those on the Official Zoning Map. 4. Nonconformities. To hear and decide requests for the completion, enlargement, extension, or structural alteration of buildings and structures devoted to non-conforming uses in accordance with the Nonconforming Uses Section of Article 9, Nonconformities of this UDO. 5. Special Exceptions. To hear and decide requests for special exceptions for the parking of vehicles on residential yards in accordance with the Stopping, Standing and Parking Article of Chapter 38, Traffic and Vehicles of the City of College Station Code of Ordinances. 6. Distance Requirements. ORDINANCE NO. 2023-4453 Page 12 of 335 To hear and consider deviations from the distance requirements for the keeping of domestic livestock, fowl, and rabbits in accordance with the Livestock, Birds, Exotic Animals And Wild Animals Article of Chapter 6, Animals of the City of College Station Code of Ordinances. 7. Easterwood Field Airport Zoning. To hear and decide requests for appeals, special exemptions, and variances in accordance with the Easterwood Field Airport Zoning Ordinance. E. Staff. The Administrator shall provide staff to the Zoning Board of Adjustment as needed. Sec. 2.4. Design Review Board. A. Creation. A Design Review Board is hereby established by the City of College Station for the purpose of enhancing the City's ability to review sign, building, and site design issues, including architectural issues as specified in t his UDO, by bringing expertise from the community to bear on these issues in designated design districts. B. Membership and Terms. 1. The Design Review Board shall consist of seven (7) members. Six (6) of the members shall be appointed by the City Council. a. The City Council shall appoint a representative with expertise from each of the following disciplines or groups: 1) Architecture; 2) Landscape architecture; 3) Business; and 4) Design district connection (e.g., developer, land owner, business owner, resident, or employee within a design district). b. The City Council shall appoint two members that are citizens-at-large. c. The final regular member shall be the chairperson of the Planning and Zoning Commission or their designee. 2. With the exception of the chairperson of the Planning and Zoning Commission or their designee who shall serve on the Design Review Board as long as the chairperson serves as chair of the Planning and Zoning Commission, the term of office is three (3) years. 3. The Design Review Board is a governmental body and shall comply with the Open Meetings Act. C. Officers, Meetings, Quorum. 1. Officers. A chairperson shall be appointed annually by the City Council. The Design Review Board shall select a vice-chairperson from among its members. 2. Meetings. Members of the Design Review Board shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. 3. Quorum. ORDINANCE NO. 2023-4453 Page 13 of 335 Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes from those members present shall be deemed a negative report. 4. Rules of Proceeding. The Design Review Board shall adopt its own rules of procedure. 5. Minutes. The Design Review Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record. D. Powers and Duties. The Design Review Board has the following powers and duties: 1. WPC Wolf Pen Creek Standards Waivers. The Design Review Board shall hear and decide requests for waivers from the standards in the Wolf Pen Creek (WPC) Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection. 2. WPC Wolf Pen Creek Parking Waivers. The Design Review Board shall hear and decide requests to vary from the amount of required parking in WPC Wolf Pen Creek. 3. NG Northgate District Standards Waivers. The Design Review Board shall hear and decide requests to vary from the standards in the Northgate Districts (NG) Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection. 4. Driveway Appeals. The Design Review Board shall hear appeals to decisions of the Development Engineer regarding driveway appeals. 5. Appeal of Requirement Based on Site Plan Review Criteria. The Design Review Board shall hear and decide appeals of the Administrator's application of site plan requirements to assure compliance with the Site Plans Section and the Site Plans in WPC Wolf Pen Creek Section of Article 3, Development Review Procedures of this UDO. 6. Buffer Appeals. The Design Review Board shall hear appeals of buffer requirements listed in the Buffer Requirements Section of Article 7, General Development Standards of this UDO. 7. Non-Residential Architectural Standards Appeals. The Design Review Board shall hear and decide waiver requests as specified in the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO. 8. Non-Residential Architectural Standards Alternative Compliance. The Design Review Board shall hear and decide on proposals for alternative compliance with the Non- Residential Architectural Standards Section of Article 7, General Development Standards of this UDO. E. Staff. The Administrator shall provide staff to the Design Review Board as needed. ORDINANCE NO. 2023-4453 Page 14 of 335 Sec. 2.5. Landmark Commission. A. Creation. A Landmark Commission is hereby established by the City of College Station for the purpose of enhancing the City's ability to identify and protect historically and/or culturally significant districts, areas, sites, buildings, and structures by bringing expertise from the community in those areas related to the designation of HP Historic Preservation Overlays and protection of the contributing elements within them. B. Membership and Terms. 1. The Landmark Commission shall consist of seven (7) regular members and two (2) alternate members. Six (6) of the regular members and the two (2) alternate members shall be appointed by the City Council. City Council shall apportion membership according to the following fields of expertise or specialized knowledge: a. One (1) member shall represent one (1) of the following fields or professions: 1) History; or 2) Archaeology. b. Two (2) members shall be the owners of the following: 1) Property in the City’s Historic Marker Program; or 2) Property within an HP Historic Preservation Overlay. If no HP Historic Preservation Overlay has yet been applied to property in the City of College Station, a property owner(s) of land platted prior to 1970 may be considered. c. Two (2) members shall represent any combination of the following fields or professions: 1) Architecture: an architect, previously registered architect, architect registered in another state, or professor in the field of architecture; 2) Landscape architecture: a landscape architect, previously registered landscape architect, landscape architect registered in another state, or professor in the field of landscape architecture; 3) Urban planning: a certified planner, previously certified planner, a planner with at least three (3) years of municipal planning experience, or professor in the field of urban planning; or 4) Historical preservation specialist: an experienced professional who provides technical and strategic expertise to promote the viability, reuse, and integrity of historic buildings and/or properties. d. One (1) member shall represent one (1) of the following fields or professions: 1) Banking, finance, or economics; 2) Real estate; or 3) Law. e. One (1) alternate shall represent the membership criteria identified in Subsecti on b above. f. One (1) alternate shall represent any of the fields identified in Subsections a, c, or d above. The final regular member shall be the chairperson of the Historic Preservation Committee or their designee. The City Council shall prioritize Landmark Commission candidates within each Subsection above on their demonstrated expertise and interest in historic preservation. In the event any of the ORDINANCE NO. 2023-4453 Page 15 of 335 memberships assigned to a particular field of expertise or specialized knowledge identified above in Subsections a, b, c, or d cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in historic preservation to fill such places. 2. Members shall be appointed for three (3) year terms or until their successors are appointed. Two (2) members shall be appointed each year. 3. The Landmark Commission shall comply with the Open Meetings Act. C. Officers, Meetings, Quorum. 1. Officers. A chairperson shall be appointed annually by the City Council. The Landmark Commission shall select a vice-chairperson from among its members. 2. Meetings. Members of the Landmark Commission shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Commission where a quorum is present shall be open to the public. 3. Quorum. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding. The Landmark Commission shall adopt its own rules of procedure. 5. Minutes. The Landmark Commission shall keep minutes of its proceedings, showing the vote, indicati ng such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be a public record. D. Powers and Duties. The Landmark Commission shall have the following powers and duties: 1. Duties. a. Review and approve surveys conducted and maintained by the City that include an inventory of significant historic, architectural, and cultural resources within College Station according to guidelines established by the Texas Historical Commission; b. Utilize such surveys to identify potential property appropriate for the application of HP Historic Preservation Overlays; c. Review and approve surveys conducted and maintained by the City that include an inventory of all properties located within an HP Historic Preservation Overlay within College Station; d. Nominate properties to the National Register of Historic Places; e. Establish an ad hoc three (3) person Economic Review Panel when a property owner in an HP Historic Preservation Overlay requests a certificate of demolition based on the reason that no economically viable use of the property exists. The Economic Review Panel must be comprised of three (3) independent experts knowledgeable in one (1) or more of the following fields: the economics of real estate, building renovation, or redevelopment. "Independent" as used in this subparagraph means that the expert has no financial interest in the property, its renovation, or redevelopment; is not an employee of the property owner; is not a City employee; is not a ORDINANCE NO. 2023-4453 Page 16 of 335 member of the Landmark Commission; and is not compensated for serving on the Economic Review Panel. The Economic Review Panel must consist of one (1) person selected by the Landmark Commission, one (1) person selected by the property owner, and one (1) person selected by the first two (2) appointees. If the first two (2) appointees cannot agree on a third appointee within thirty (30) calendar days after submission of all of the required documentation supporting the application, the third appointee will be selected by the Administrator within five (5) days. Within thirty-five (35) calendar days after submission of all of the required documentation supporting the application, all appointments to the Economic Review Panel shall be made; f. Act in an advisory role to the City Council, all appointed boards and commissions, and City departments regarding the protection of local historic, architectural, and cultural resources; g. Review and make recommendations to the appropriate county historical commission of all proposed National Register of Historic Places nominations for properties within College Station; and h. Prepare and submit annually to the City Council a report summarizing the work completed durin g the previous year. 2. Recommendations. The Landmark Commission shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: a. The effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan as it relates to historic preservation; b. The adoption of Unified Development Ordinance text amendments as they relate to the designation of HP Historic Preservation Overlays and the processes and standards for properties within HP Historic Preservation Overlays; and c. The designation of HP Historic Preservation Overlays. The Landmark Commission shall make recommendations to the City Council for the following: 1) The utilization of state, federal, or private funds to promote the preservation of HP Historic Preservation Overlays within College Station; and 2) The acceptance of the dedication of easements for the purpose of historic preservation. 3. Final Action. The Landmark Commission shall hear and take final action on the following: a. Applications for certificates of appropriateness; b. Applications for certificates of demolition; and c. Certifications of properties of demolition by neglect, notices to owners of certified demolition by neglect properties, and referrals for enforcement. E. Staff. The Administrator shall provide staff, including a Historic Preservation Officer, to the Landmark Commission as needed. Sec. 2.6. Bicycle, Pedestrian, and Greenways Advisory Board. A. Creation. ORDINANCE NO. 2023-4453 Page 17 of 335 A Bicycle, Pedestrian, and Greenways Advisory Board is hereby established by the City of College Station for the purpose of advising and recommending to the City Council, the Planning and Zoning Commission, and other appointed boards and commissions on all matters concerning bicycling, walking, and greenways. B. Membership and Terms. 1. Number, Appointment. The Bicycle, Pedestrian, and Greenways Advisory Board shall consist of seven (7) members who are residents of the City of College Station and eligible voters. Appointment of members shall be made by the City Council. The Board shall consist of the following: a. One (1) member shall represent one (1) of the following fields or professions: 1) Real estate; 2) Banking, finance, or economics; 3) Law. b. One (1) member shall represent one (1) of the following fields or professions: 1) Recreation; 2) Health; 3) Kinesiology. c. Two (2) members that are residents with a demonstrated interest in walking, running, bicycling or open space preservation. d. One (1) member shall represent one (1) of the following fields or professions: 1) Environmental/ecological sciences; 2) Stormwater/floodplain management; 3) Natural resources. e. One (1) member shall represent one (1) of the following fields or professions: 1) Transportation planning; 2) Engineering; 3) Architecture; 4) Landscape architecture; 5) Urban planning. The final regular member shall be the chairperson of the Council Transportation and Mobility Committee or their designee. The City Council shall prioritize Bicycle, Pedestrian, and Greenways Advisory Board candidates within each Subsection above by their demonstrated expertise. In the event any of the memberships assigned to a particular field of expertise or specialized knowledge identified in the above Subsections cannot be timely filled (in the judgment of the City Council) with a qualified candidate, the City Council may appoint citizens-at-large that have demonstrated interest in bicycling, walking, and greenways to fill such places. 2. Terms. With the exception of the chairperson of the Council Transportation and Mobility Committee or their designee who shall serve on the Bicycle, Pedestrian, and Greenways Advisory Board for as long as the ORDINANCE NO. 2023-4453 Page 18 of 335 chairperson serves on the Council Transportation and Mobility Committee, the term of office is three years. 3. Vacancies. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. C. Officers, Meetings, Quorum. 1. Officers. A chairperson shall be appointed annually by the City Council. The Bicycle, Pedestrian, and Greenways Advisory Board shall select a vice-chairperson from among its members. 2. Meetings. Members of the Bicycle, Pedestrian, and Greenways Advisory Board shall meet regularly, and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. 3. Quorum. Four (4) members shall constitute a quorum for the transaction of business. Any recommendation or decision which does not receive a majority of positive votes shall be deemed a negative report. 4. Rules of Proceeding. The Bicycle, Pedestrian, and Greenways Advisory Board shall adopt its own rules of procedure. 5. Minutes. The Bicycle, Pedestrian, and Greenways Advisory Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services Department and shall be public record. D. Powers and Duties. The Bicycle, Pedestrian, and Greenways Advisory Board shall have the following powers and duties: 1. Duties. a. Support the implementation of the transportation element of the Comprehensive Plan and the Bicycle, Pedestrian, and Greenways Master Plan; b. Promote and encourage bicycling and walking as accepted forms of transportation; c. Review project designs related to bicycle, pedestrian, and greenway improvements, including review of plats, site plans, and capital improvement projects; d. Assist in identifying and applying for alternative funding sources for bicycle, pedestrian, and greenway facilities, programs, services, and projects; e. Promote education and safety programs for bicyclists, pedestrians, and motorists; f. Facilitate citizen participation in local governments’ consideration of matters involving bicycle, pedestrian, and greenway issues; g. Promote intergovernmental and public/private coordination on bicycle, pedestrian, and greenway matters including working with local businesses and other organizations; and h. Perform other duties as may be assigned. 2. Recommendations. ORDINANCE NO. 2023-4453 Page 19 of 335 The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the Planning and Zoning Commission subject to the terms and conditions set forth for such uses in this UDO for the following: a. The adoption of Comprehensive Plan amendments as they relate to bicycling, walking, and greenways; b. The adoption of Unified Development Ordinance text amendments as they relate to bicycling, walking, and greenways; c. The setting of impact fee/Capital Improvement Plan priorities as they relate to bicycling, walking, and greenways. The Bicycle, Pedestrian, and Greenways Advisory Board shall make recommendations to the City Council for the following: a. The adoption of Comprehensive Plan amendments as they relate to bicycling, walking, and greenways; b. The adoption of Unified Development Ordinance text amendments as they relate to bic ycling, walking, and greenways; c. The setting of impact fee/Capital Improvement Plan priorities as they relate to bicycling, walking, and greenways. E. Staff. The Administrator shall provide staff to the Bicycle, Pedestrian, and Greenways Advisory Board a s needed. Sec. 2.7. BioCorridor Board. A. Creation. A BioCorridor Board is hereby created for the purpose of enhancing the community’s ability to consistently review subdivision, building, and site design issues of the unique, multi -jurisdictional BioCorridor Planned Development District. The BioCorridor Board shall bring governing expertise from each City and a representative of Texas A&M University to bear on these issues within the BioCorridor area. B. Membership and Terms. 1. Number, Appointment. A BioCorridor Board is hereby created to consist of seven (7) members as follows: a. Appointment of three (3) members shall be made by the College Station City Council. Two (2) of these appointments shall be members of the City of College Station’s Planning and Zoning Commission. One (1) appointment shall be a member of the College Station City Council. b. Appointment of three (3) members shall be made by the Bryan City Council. Two (2) of these appointments shall be members of the City of Bryan’s Planning and Zoning Commission. One (1) appointment shall be a member of the Bryan City Council. c. Appointment of one (1) member shall be made by the Chancellor of the Texas A&M University System or their designee. This appointment shall be an employee of the Texas A&M University System. 2. Terms. a. Terms of members of the BioCorridor Board shall be for two (2) years or until their successors are appointed. ORDINANCE NO. 2023-4453 Page 20 of 335 b. Should a BioCorridor Board member no longer qualify for their position, that member’s term shall be ended immediately upon such disqualifying event (for example, if an appointed Planning and Zoning Commissioner is no longer a Commissioner for the City). 3. Vacancies. Vacancies shall be filled by the governing entity/person responsible for the appointment. C. Officers, Meetings, Quorum. 1. Officers. A chairperson and a vice-chairperson shall be selected every two (2) years from among its members. The chairperson and vice-chairperson shall be municipal representatives and shall not be appointees from the same municipality. The vice-chairperson may act as chairperson when the chairperson is not available. 2. Meetings. Members of the BioCorridor Board shall meet as needed and the chairperson shall designate the time and place of such meetings. All meetings of the Board where a quorum is present shall be open to the public. The BioCorridor Board shall comply with the Open Meetings Act. 3. Quorum. Four (4) members shall constitute a quorum for the transaction of any business. Any recommendations advanced to a different regulatory entity without a majority of positive votes from those members present shall be deemed a negative recommendation. 4. Rules of Proceeding. The BioCorridor Board may adopt its own rules of procedure consistent with this Ordinance. 5. Minutes. The BioCorridor Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Planning and Development Services office of the City of Bryan and shall be a public record. A copy of all such records shall be delivered to the Planning and Development Services office of the City of College Statio n by the City of Bryan within ten (10) working days of filing. D. Powers and Duties. The BioCorridor Board shall have the following powers and duties: 1. Recommendations. a. The BioCorridor Board shall review and make recommendations to City staff of College Station and Bryan regarding improvements in the public realm that further the aesthetics, identity, and access to and within the BioCorridor Planned Development District. b. The BioCorridor Board shall review and make recommendations to the City of College Station Planning and Zoning Commission regarding waivers of the standards in the Subdivision Design and Improvements Section of Exhibit D of Ordinance No. 2019-4085. 2. Final Action. The BioCorridor Board shall hear and take final action on the fol lowing: a. Special district identification signs as set forth in Ordinance No. 2019-4085; b. Temporary signs promoting positive communications as set forth in Ordinance No. 2019-4085; ORDINANCE NO. 2023-4453 Page 21 of 335 c. Works of art and their locations when located in the public right-of-way or other public area as set forth in Ordinance No. 2019-4085; d. Appeal of the BioCorridor Review Committee’s determination regarding the applicability of plat requirements; e. Appeal of the BioCorridor Review Committee’s denial of a site plan as set f orth in the Site Plan Review Section of Exhibit D of Ordinance No. 2019-4085; f. Waivers to the dimensional requirements and number of parking spaces required in the Off - Street Parking Requirements Section of Exhibit D of Ordinance No. 2019-4085; g. Appeal of the BioCorridor Review Committee’s denial of an alternative parking plan; h. Alternative highway buffers standards as allowed in Ordinance No. 2019-4085; and i. Appeal of the terms of the highway buffers standards as set forth in Ordinance No. 2019-4085. E. Staff. The City of College Station and the City of Bryan shall provide staff support to the BioCorridor Board as needed. 1. BioCorridor Review Committee. The BioCorridor Review Committee will provide background information and recommendations to the Board as set forth in Ordinance No. 2019-4085. 2. Administrative Support. The City of College Station and/or the City of Bryan shall provide administrative support functions for each meeting, such as agenda posting and the filing of minutes. 3. Planning Representative. Where ministerial acts have not been completed, the planning representative of the City in which the project is located shall ensure that the changes to plats and/or plans are completed as approved by the BioCorridor Board. Sec. 2.8. Administrator. A. Designation. The Director of Planning and Development Services shall serve as the Administrator. Where this UDO assigns a responsibility, power, or duty to the Administrator, the Administrator may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Administrator may reasonably determine. B. Powers and Duties. The Administrator shall have the following powers and duties: 1. Administration and Enforcement. The Administrator shall administer and enforce the provisions of this UDO. 2. Interpretation. The Administrator is responsible for interpreting the provisions of this UDO. The Administrator shall make written interpretations of this UDO when requested, setting forth the reasons and explanation therefore. 3. Building Permits. ORDINANCE NO. 2023-4453 Page 22 of 335 The Administrator shall review and certify that the proposed construction, moving, alteration, or use of the land either does or does not comply with the provisions of this UDO prior to the issuance of a building permit by the Building Official. 4. Final Action. The Administrator shall review and take final action on the following: a. Sign permits; b. Site plans; c. Architectural reviews; d. Administrative adjustments; e. Preliminary plans as set forth in the Plats Section of Article 3, Development Review Procedures of this UDO; f. Plats as set forth in the Plats Section of Article 3, Development Review Procedures of this UDO; g. Determination of building plot as set forth in the General Provisions Section of Article 7, General Development Standards of this UDO; h. Certificate of appropriateness routine maintenance work reviews; i. Determination regarding the applicability of plat requirements; and j. Alternative parking plans as set forth in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. 5. Other Duties. a. The Administrator, or their designee, shall serve as the Historic Preservation Officer for the City. As such, the Historic Preservation Officer shall serve as a representative of the Landmark Commission and shall be responsible for coordinating the Landmark Commission’s preservation activities with the Historic Preservation Committee, those of state and federal agencies, and with local, state, and national nonprofit preservation organizations. b. The Administrator shall perform other duties imposed under the provisions of the City of College Station Code of Ordinances. c. The Administrator shall administer and enforce the regulations of the Easterwood Field Airport Zoning Ordinance. Sec. 2.9. Building Official. A. Designation. The Administrator shall designate the Building Official for the City of College Station. The Building Official may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Building Official may reasonably determine. B. Powers and Duties. The Building Official shall have the following powers and duties: 1. Building Inspections. The Building Official shall have the power to conduct inspections of buildings and premises to carry out their duties herein and to determine compliance with the provisions of this UDO. 2. Building Permits. The Building Official shall issue building permits. ORDINANCE NO. 2023-4453 Page 23 of 335 3. Certificate of Occupancy. The Building Official shall issue certificates of occupancy. 4. Certificates of Completion. The Building Official shall issue certificates of completion. Sec. 2.10. Development Engineer. A. Designation. The City Engineer shall designate the Development Engineer. B. Responsibility. The Development Engineer, or their designee, shall implement, administer, and oversee the provisions, terms, and conditions of all engineering and flood hazard protection requirements within this UDO. The Development Engineer may delegate that responsibility, power, or duty to any other agent or employee of the City whom the Development Engineer may reasonably determine. C. Powers and Duties. The Development Engineer has the following powers and duties regarding engineering requirements and flood hazard protection: 1. Review and approve, approve with conditions, or deny driveway applications; 2. Maintain and hold open for public inspection all records of the provisions of the flood hazard protection regulations; 3. Review and approve, approve with conditions, or deny all applications for development permits; 4. Assure that adequate inspection of construction permitted under the terms and provisions of this UDO is carried out in accordance with the permitted plan; 5. Maintain, update, and provide to interested parties at a reasonable cost the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details; 6. Assure that adequate maintenance of drainage pathways, including altered or relocated waterways, is provided such that capacity for carrying stormwater flows is maintained; 7. Provide interpretation, where required, of boundaries of areas of special flood hazard, location of the floodway, and water surface elevations, when disputes arise during review; 8. Provide information to the Zoning Board of Adjustment, Municipal Court, or City Council, as applicable on all variance requests, administrative appeals, enforcement actions, and proposed amendments to the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details as required; 9. Review and utilize any acceptable new flood study data in accordance with the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details; 10. Notify adjacent communities and the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of notification to the Federal Insurance Administration; 11. Review and make recommendations to the City Council concerning development agreements; 12. Interpret the terms and provisions of the Flood Hazard Protection Section of Article 7, General Development Standards of this UDO, as required, as they apply to each project, in accordance with the stated purpose of that Section; ORDINANCE NO. 2023-4453 Page 24 of 335 13. Review permits for proposed development to ensure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; 14. Review and approve or deny alternative materials or standards for site construction; and 15. Review, evaluate and provide recommendations regarding appeals to a development exaction. Sec. 2.11. BioCorridor Review Committee. A. Creation. A BioCorridor Review Committee is hereby created for the purpose of implementing Ordinance No. 2019 - 4085. The Committee is comprised of staff from both cities, with the Committee serving as the designated administrative officer as set forth in Ordinance No. 2019-4085 and state law. The BioCorridor Review Committee shall bring planning, engineering, and other areas of municipal expertise from each City to bear on proposals within the BioCorridor Planned Development District. B. Membership. The BioCorridor Review Committee shall consist of four (4) core members. Other City employees may be invited to participate on an ad hoc basis. 1. Core Members. a. The City Manager of each municipality shall designate two (2) employees from their municipality. One (1) employee shall be a planner and one (1) an engineer or engineer in training familiar with development review procedures. b. The BioCorridor Review Committee’s main point of contact for a development project proposal shall be the planner on the Committee from the City in which the majority of the project is located. 2. Ad Hoc Members. As the BioCorridor Review Committee determines appropriate, ad hoc members may be called upon for their expertise on particular matters. Ad hoc members may consist of governmental and utility employees such as: a. A representative from College Station Utilities or Bryan Texas Utilities; b. A representative from the Fire Marshall’s office; c. A representative from the solid waste department; or d. The City’s transportation planner or transportation engineer. Ad hoc members shall be designated by their respective City Manager. C. Powers and Duties. The BioCorridor Review Committee shall have the following powers and duties: 1. Administration and Enforcement. The BioCorridor Review Committee shall carry out their duties as set forth in Ordinance No. 2019-4085, including ensuring compliance with the BioCorridor Site Design Guidelines, Bryan/College Station Unified Design Guidelines, boundaries of areas of special flood hazard, location of the floodway, and water surface elevations. The BioCorridor Review Committee shall review and take action on the following as set forth in Ordinance No. 2019-4085: ORDINANCE NO. 2023-4453 Page 25 of 335 a. Plats; b. Site plans; c. Construction documents; d. Structure plans as they relate to exterior aesthetic design standards (not building code review); e. Sign permits; f. Development permits; g. Administrative adjustments; h. Alternative parking plans; i. Driveway applications; j. Determination of building plot; and k. Determination of plat applicability. 2. In the event the BioCorridor Review Committee is unable to reach a consensus, the planning or engineering representative (as appropriate) from the City in which the majority of the project will be located shall make the final determination. Sec. 2.12. Summary of Review Authority. The following table summarizes the authority of the various review bodies and staff. Summary of Review Authority Development Review Procedure City Council Planning and Zoning Comm. Zoning Board of Adj. Design Review Board Land. Comm. Bike, Ped. & Grnwy Admin. Building Official Dev. Engr. KEY: A = Appeal R = Recommend D = Final Action/Decision RR = Review/Report CITY COUNCIL Oversize Participation D RR Development Agreement D RR R Conditional Use Permit D R RR Official Zoning Map Amendment D R RR Official Zoning Map Amendment (HP) D R R RR P-MUD/PDD Concept Plan D R RR Unified Development Ordinance Text Amendment D R R RR Comprehensive Plan Amendment D R R RR Impact Fee/CIP Priorities D R R RR Annexations D R RR Municipal Utility Districts D R RR PLANNING AND ZONING COMMISSION Preliminary Plan with Discretionary Item (a) D RR R Plat D RR R Development Plat D RR R Waiver of Subdivision Standard D RR R ORDINANCE NO. 2023-4453 Page 26 of 335 Development Exaction Appeal A D RR ZONING BOARD OF ADJUSTMENT Variance D RR R RR Administrative Appeal D RR Official Zoning Map Interpretation D RR DESIGN REVIEW BOARD Site Plan in WPC A D R Building/Sign Permit Review in WPC A D Parking Waivers in WPC A D RR Waivers in NG D RR Non-Residential Architectural (NRA) Standards Waiver D RR NRA Standards Alternative Compliance D RR LANDMARK COMMISSION Certificates of Appropriateness A D RR Certificates of Demolition A D RR ADMINISTRATOR Architectural Reviews D Interpretation A (b) A D Sign Permit A D Site Plan A (c) D R Administrative Adjustment A D WPC Building or Sign, Minor A D Preliminary Plan (a) D R Minor or Amending Plat A D R P-MUD/PDD Concept Plan Minor Amendment A D Certificate of Appropriateness, Routine Maintenance Work A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D Determination of Plat Applicability A D R BUILDING OFFICIAL Building Permit D Certificate of Occupancy R D R Certificate of Completion R D R DEVELOPMENT ENGINEER Development Permit D Driveway Application A D Alternative Construction Material A D ORDINANCE NO. 2023-4453 Page 27 of 335 Notes: (a) See the Plats Section of Article 3, Development Review Procedures of this UDO for specific review authority. (b) Standards of Article 8, Subdivision Design and Improvements only. (c) Standards of the Site Plans Section and the Site Plans in WPC Wolf Pen Creek Section of Article 3, Development Review Procedures of this UDO only. Article 3. Development Review Procedures Sec. 3.1. Applicability. The provisions of this Article shall not apply to land that is zoned BioCorridor Planned Development District. Sec. 3.2. General Approval Procedures. A. Conformity with Unified Development Ordinance and the Comprehensive Plan. The provisions of this UDO and the Comprehensive Plan shall apply to and be binding on all persons seeking to develop, redevelop, or otherwise change existing land uses within the city limits and, where applicable, its extraterritorial jurisdiction. Compliance with the UDO and the Comprehensive Plan includes the dedication and construction of identified infrastructure, right-of-way, and improvement of specified facilities including but not limited to pedestrian facilities, bicycle facilities, thoroughfares, etc. B. Pre-Application Conference. Prior to the submission of any application required by this UDO, applicants are encouraged to schedule and attend an optional pre-application conference with the City staff. Pre-application conferences with City staff may be used to discuss, in general, procedures, standards, or regulations relating to a proposed development. If a pre-application conference is requested, the Administrator may require the applicant to submit information prior to the pre-application conference to allow City staff time to review the proposal. Any proposed development submitted or discussed as a part of a pre-application conference shall not be considered a plan, plat, or permit application but will be considered an informal request for information prior to the actual plat, plan, or permit application. C. Application Forms and Fees. The following regulations shall apply to all applications: 1. Forms. Applications required under this UDO shall be submitted using correct, completed forms, where applicable, along with any requested information and attachments, and in such numbers as required by the City, including any checklists for submittals. The Administrator shall have the authority to request any other pertinent information required to ensure compliance with this UDO. 2. Electronic Submission Required. All plats and site plans shall be prepared and submitted upon request in an electronic form acceptable to the Administrator and compatible with the City's geographic information system(GIS). 3. Fees. Filing fees shall be established from time to time by resolution of the City Council for the purpose of defraying the actual cost of processing the application. a. All required fees shall be made payable to "The City of College Station." b. An applicant who has paid the appropriate fee pursuant to submission of an application, but who chooses to withdraw the application prior to any notification, review, or action taken, shall be ORDINANCE NO. 2023-4453 Page 28 of 335 entitled to a refund of fifty (50) percent of the total amount paid upon written request to the City except that the filing fee required for text or map amendments shall not be refundable. c. The Administrator may waive or reduce development-related fees on a case-by-case basis pursuant to applicable law or when the City is the applicant. D. Application Deadline. An application shall not be considered officially submitted until application completeness has been determined in accordance with this UDO. E. Application Completeness. An application shall be considered submitted only after the Administrator has determined it is complete as set forth herein. This includes determining whether it is accompanied by any required forms, mandatory information (including all exhibits), and the applicable fee. A determination of completeness does not constitute a determination of compliance with the substantive requirements of this UDO nor precludes that additional information and/or documents may still be required as identified during the formal review of the application. If an application is determined to be incomplete, no further processing of the application shall occur until the deficiencies are corrected. An application of any kind under t his Article expires and forfeits the application fee on or after the forty-fifth (45th) day after the application is deemed incomplete if: 1. The applicant fails to provide documents or other information necessary to comply with the technical requirements of this UDO as to form and content of the submittal; 2. The City notifies the applicant, in writing, of the failure to provide specific documents or other information within ten (10) business days from the filing date, noting the date the application will expire if same is not provided; and 3. The applicant fails to provide the specified documents or other information within the time provided in the notice. No vested rights accrue solely from the filing of an application that has expired pursuant to this Section, or from the filing of a complete application that is subsequently denied. F. Standards of Review. Applications shall be reviewed based on the ordinances which are in effect at the time the permit application is submitted to the City. It is the responsibility of the applicant to inform the Administrator if vesting is claimed on a specific project application and to which ordinance the claim is vested in accordance with Chapter 245 of the Texas Local Government Code, as amended. This information shall be conveyed to the Administrator as part of the permit application. The Administrator may attempt to inform the applicant if a project can vest to a previously adopted ordinance. Notwithstanding anything in this UDO to the contrary, vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code, as amended, or other applicable law. G. Required Public Notice. 1. Summary of Notice Required. Notice shall be required for development review as shown in the following table. Summary of Notice Required Application Type Published Mailed Agenda Posted Comprehensive Plan Amendments X X (a) X Official Zoning Map Amendments (Rezonings) X X X Unified Development Ordinance Text Amendments X X Conditional Use Permits X X X Plats X (b) X (b) X ORDINANCE NO. 2023-4453 Page 29 of 335 Design District – Site Plans/Building Permits X Certificates of Appropriateness X Certificates of Demolition (No economically viable use) X X X Variances X X X Appeals – Site Plan and Driveway X Waivers – Subdivision Design X Waivers – Buffer Requirements X Administrative Appeals X X Development Exaction Appeals X Notes: (a) Applies only to amendments to the Comprehensive Plan Future Land Use & Character Map. This shall not apply to major evaluations and updates to the Comprehensive Plan, which have their own public notification and input processes. (b) Only when required per the Texas Local Government Code, as amended. 2. Specific Notice Requirements. a. Published Notice. Notice of the public hearing shall be placed by the Administrator at least once in the official newspaper of the City before the fifteenth (15th) day before the date of the hearing for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed. b. Mailed Notice. Notice of the public hearing shall be sent to owners of record of real property, as indicated by the most recently approved municipal tax roll, within two hundred (200) feet of the parcel under consideration. The notice may be served by its deposit, properly addressed with postage paid, in U.S. mail before the fifteenth (15th) day before the date of the hearing. c. Content of Notice. A published or mailed notice shall provide at least the following specific information: 1) The general location of land that is the subject of the application; 2) The substance of the application, including the magnitude of the proposed development and the current zoning district; 3) The time, date, and location of the public hearing; and 4) A phone number to contact the City. d. Mailed Notice of Approval Requirements. As required by the Texas Local Government Code, certain replats that do not have a public hearing shall provide notice of approval to owners of record (as indicated by the most recently approved municipal or county tax roll) of lots in the original subdivision that are within two hundred (200) feet of the lots to be replatted. The notification shall be mailed no later than the fifteenth (15th) day after the replat is approved. The notice must include the zoning of the property after the replat and a telephone number and e-mail address an owner of a lot may use to contact the municipality about the replat. 3. Public Hearing Signs. In addition to meeting the minimum statutory notice requirements, for the purpose of notifying the public the Administrator may require the installation of a sign on the property advertising the public ORDINANCE NO. 2023-4453 Page 30 of 335 hearing. The specifications including size, location, and content of public hearing signs shall be established by the Administrator. 4. Required Hearings and Reviewing Body. The following table illustrates the types of review requiring a public hearing and the review body responsible for conducting the hearing. Required Hearings and Reviewing Body Application Type Zoning Board of Adjustment Landmark Commission Planning and Zoning Commission City Council Comprehensive Plan Amendments X X Official Zoning Map Amendments (Rezoning) X X Official Zoning Map Amendments (Rezoning – HP Historic Preservation Overlay) X X X Certificates of Demolition (No economically viable use) X Unified Development Ordinance Text Amendments X X Conditional Use Permits X X Plats (a) X Variances X Administrative Appeals X Development Exaction Appeals X X (b) Notes: (a) Only when required per the Texas Local Government Code, as amended. (b) Request is considered by Council only if Planning and Zoning Commission’s decision is appealed. H. Simultaneous Processing of Applications. Two (2) or more forms of review and approval are typically required in the development process. Development proposals that require applications for Official Zoning Map amendments are required to be acted upon by the City Council before plat and other development applications will be accepted for review by the City. In addition, preliminary plans are to be acted upon by the Planning and Zoning Commission or the Administrator before a subsequent final plat will be accepted for review by the City. At the discretion of the Administrator, plat and other applications for development approvals may be processed simultaneously, so long as the approval procedures for each application can be completed pursuant to the requirements of this UDO. Such processing shall occur at the applicant’s own risk. I. Expiration of Applications, Permits, and Projects. 1. Expiration of Inactive Applications. An application that has been determined to be administratively complete and written staff review comments provided to the applicant shall be deemed expired and closed in ninety (90) calendar days from the date the most recent written review comments were provided by the City to the applicant if the applicant has not acted by providing written response comments and revised documents to the Administrator that seek to address the review comments. 2. Expiration of Approved Permits. ORDINANCE NO. 2023-4453 Page 31 of 335 a. Unless otherwise specified by this UDO, any individual permit, authorization, or approval required in this UDO expires twenty-four (24) months from the date of approval, or as may be further extended pursuant to the terms of this UDO, if no progress has been made towards completion of the project. For purposes of this Section, progr ess toward completion of the project is as defined by Chapter 245 of the Texas Local Government Code, as amended. b. If no expiration date was in effect at the time the approval of the permit occurred, an expiration date of twenty-four (24) months from the approval shall apply. 3. Expiration of Projects. a. For projects requiring more than one (1) permit, authorization, or approval, there shall be a project expiration date of five (5) years from the date the first complete application is filed for the project or from the date vesting occurs pursuant to Chapter 245 of the Texas Local Government Code, as amended if no progress is made towards completion of the project or if the expiration date is not otherwise further extended pursuant to the terms of this UDO. For purposes of this Section, progress toward completion of the project is as defined by Chapter 245 of the Texas Local Government Code, as amended. b. Any application for a new permit, authorization for approval, or application to replace an existing approved permit shall be deemed to commence a new development project, as of the date it is filed, if the new application is not compatible with the permits preceding it concerning the type of proposed use(s), nature of the development, or significant changes to density or infrastructure demands. J. Appeals from Development Exaction Requirements. 1. Purpose. The purpose of a petition for relief from a dedication or public infrastructure requirement is to ensure that the application of uniform dedication and construction standards to a proposed development does not result in a disproportionate burden on the property when considering the nature and extent of the demands created by the proposed development on the City’s roadways and other public infrastructure. 2. Applicability. A petition for relief under this Section may be filed by the applicant to contest any requirement to dedicate land or to construct public improvements as required by this UDO, the Bryan/College Station Unified Design Guidelines, or any other public infrastructure standards in any ordinance or regulation to a plat application or any related development application authorized by the City or attached as a condition to approval of the application. A petition for relief shall not be used to waive a standard on grounds subject to other appeal and waiver criteria set forth in this UDO. 3. Petition Requirements. a. Form of Petition. The petition for relief from a dedication or construction requirement shall allege that the application of the standards relating to the dedication or construction requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City’s water, wastewater, storm drainage, parks, roadway system or other public infrastructure. b. Required Supporting Documentation. The applicant shall provide information in support of the petition for relief that includes the following: ORDINANCE NO. 2023-4453 Page 32 of 335 1) Total capacity of the City’s water, wastewater, storm drainage, parks, roadway system or other public infrastructure to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed; 2) Total capacity to be supplied to the City’s water, wastewater, storm drainage, parks, roadway system, or other public infrastructure by the proposed dedication of an interest in land or construction of public infrastructure. If the application is part of a phased development, the information shall include any capacity supplied by prior dedi cations or construction of public infrastructure; 3) Comparison of the capacity of the City’s public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land or construction of public infrastructure. In making this comparison, the impacts on the City’s public infrastructure system(s) from the entire development shall be considered; 4) The effect of any City participation in the costs of oversizing the public improvement to be constructed in accordance with the City’s requirements; 5) All other information that alleges the dedication or construction requirement imposed by the City is not roughly proportional to the impacts created by the proposed development; 6) The proportionality analysis should not only be based on any immediate plans for the property but should be based on the size of the property, existing and proposed use of the property, and the development potential permitted by the existing zoning; and 7) Only costs directly related to the dedication or construction requirements should be included in the analysis. Indirect costs, such as applications, permits, and fees, shall not be included. c. Time for Filing Petition and Supporting Documentation. A petition for relief from a dedication or construction requirement shall be submitted to the Development Engineer within fourteen (14) calendar days following the Planning and Zoning Commission’s decision to approve, conditionally approve or deny an application for approval of an application. The information in support of the petition as set forth above shall be submitted to the Development Engineer within sixty (60) calendar days following the initial decision unless the applicant (petitioner for relief) seeks an extension in writing. The Development Engineer may extend the time for submitting the information for a period not to exceed an additional thirty (30) calendar days for good cause shown. d. Land in the Extraterritorial Jurisdiction. Where land or facilities to be dedicated are located in the extraterritorial jurisdiction and are to be dedicated to the applicable county, a petition for relief or documentation in support of the petition shall be accepted as complete for review by the Development Engineer only when such petition or study is accompanied by verification that a copy has been delivered to and accepted by the applicable county. 4. Processing of Petitions and Decision. a. Responsible Official. The Development Engineer shall be the responsible official for reviewing a petition for relief from a dedication or construction requirement. Where the petition is for relief from the dedication of land or construction of a facility in the extraterritorial jurisdiction that is to be dedicated to the ORDINANCE NO. 2023-4453 Page 33 of 335 applicable county, the Development Engineer shall coordinate a recommendation with the appropriate county official responsible for reviewing plats. b. Evaluation and Recommendation. 1) The Development Engineer shall evaluate the petition and supporting documentation and shall make a recommendation to the Planning and Zoning Commission for their consideration and recommendation to the City Council, if applicable. 2) In evaluating the petition and documentation, the Development Engineer shall consider the maximum amount of any impact fees to be charged against the development for the type of public infrastructure that is the subject of the petition, or similar developments on the City’s water, wastewater, storm drainage, parks, roadway system or other public infrastructure. The Development Engineer may utilize any reasonable methodology to evaluate, affirm, or refute the applicant’s petition and supporting documentation. 3) To achieve proportionality between the demands created by a proposed development on public facilities and the City’s obligation to provide adequate public facilities, the City may participate in the costs of public infrastructure, credit or offset the developer’s proposed obligations, or otherwise relieve the property owner of any of the obligations in response to a petition for relief from a dedication or construction requirement. c. Decision-Maker. The Planning and Zoning Commission shall decide the petition for relief from a dedication or construction requirement. d. Public Hearing. The Planning and Zoning Commission shall conduct a public hearing within thirty (30) calendar days after the final documentation supporting the petition is filed by the applicant with the Development Engineer. e. Burden of Proof. The applicant bears the burden of proof to demonstrate that the application of a dedication or construction requirement imposes a disproportionate burden on the applicant. f. Decision. The Planning and Zoning Commission shall consider the petition for relief from a dedication or construction requirement based on the following criteria: 1) The Planning and Zoning Commission shall determine whether the application of the standard or condition is roughly proportional to the nature and extent of the impacts created by the proposed development on the City’s water, wastewater, storm drainage, parks, roadway system, or other public infrastructure and whether the application of the standard or condition reasonably benefits the development. 2) In making such determination, the Planning and Zoning Commission shall consider the documentation submitted by the applicant, the report and recommendation of the Development Engineer, and, where the property is located within the extraterritorial jurisdiction, any recommendations from the county official, as applicable. g. Action. Based on the decision criteria stated in the Appeals from Development Exaction Requirements Subsection above, the Planning and Zoning Commission may take one (1) or more of the following actions: ORDINANCE NO. 2023-4453 Page 34 of 335 1) Deny the petition for relief, and impose the dedication or construction requirement as required by this UDO; 2) Deny the petition for relief in whole or in part, upon finding that the proposed dedication or construction requirements are inadequate to offset the impacts of the development on the City’s water, wastewater, storm drainage, parks, roadway system, or other public infrastructure; or 3) Grant the petition for relief in whole or in part and waive any dedication or construction requirement to the extent necessary to achieve proportionality, including consideration of alternative designs for the public infrastructure systems or improvements. h. Notification of Decision on Petition. The applicant shall be notified of the decision on the petition for relief by the Development Engineer within fourteen (14) calendar days following the Planning and Zoning Commission’s decision. 5. Appeal of the Decision on a Petition for Relief. a. Initiation of an Appeal. The applicant, the Administrator, or no less than four (4) voting members of the City Council may appeal the decision of the Planning and Zoning Commission within fourteen (14) calendar days following the date of the Commission’s decision: 1) For an applicant-initiated appeal, a letter stating the reasons for the appeal, citing the specific section(s) of the applicable ordinance requirement, shall be submitted by the applicant. 2) The Administrator may, on their initiative, appeal the decision of the Planning and Zoning Commission by scheduling an appeal on the City Council’s next available regularly scheduled meeting that occurs after the Commission meeting at which the decision was made. 3) For a City Council-initiated appeal, the Council shall consider and act on whether it will appeal the Planning and Zoning Commission’s decision at its next available regularly scheduled meeting that occurs after the Commission meeting at which the decision was made. b. Notification of Appeal. Both the applicant and the City shall be notified of the appeal request within fourteen (14) calendar days. Appeals by the applicant shall include all documentation submitted for the appeal. c. Council Decision. The City Council shall consider a properly submitted appeal at its next available regularly scheduled meeting. The City Council may affirm, modify, or reverse the decision of the Planning and Zoning Commission by a simple majority vote. The decision of the City Council is final. 6. Expiration or Failure to File Application. Where an application was denied based upon the imposition of the standard requiring the dedication of land or construction of a required public infrastructure and the Planning and Zoning Commission’s decision, if not further appealed (or the City Council’s decision if further appealed as applicable), is to grant some level of relief, the applicant must resubmit the application within sixty (60) calendar days following the date the relief is granted. If such re-submittal of the application is not made within the sixty (60) day period, the relief granted by the Commission (or City Council as applicable) on the petition shall expire. ORDINANCE NO. 2023-4453 Page 35 of 335 7. Effect of Relief. a. The Development Engineer may require the applicant to submit a modified application or supporting materials consistent with the relief granted by the Planning and Zoning Commission on the petition. b. The relief granted on the petition shall remain in effect for the period the application is in effect and shall expire upon expiration of the plat or related application. K. Figures and Flow Charts. The figures and flow charts provided in this UDO are intended to be graphical representations of procedures or standards set forth in this UDO to assist in understanding the requirements of this UDO and are not intended to be requirements themselves. Sec. 3.3. Comprehensive Plan Amendments. Comprehensive Plan Amendment Process A. Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, the Comprehensive Plan, including spec ifically the Future Land Use & Character Map and the Functional Classification & Context Class Map, shall be amended only based upon changed or changing conditions in a particular area or in the city. B. Initiation of Amendment. An amendment may be initiated by: 1. The City Council; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. The property owner(s). C. Amendment Application. A complete application for a Comprehensive Plan amendment shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. ORDINANCE NO. 2023-4453 Page 36 of 335 D. Time Limitations on Applications. Comprehensive Plan amendment applications may be submitted on a rolling basis, except during the six (6) month period prior to a major evaluation or update to the Comprehensive Plan. The beginning of the six (6) month time limitation period shall be determined by counting backward from the expected date of the evaluation or update public hearing before the Planning and Zoning Commission. E. Approval Process. 1. Project Proposal Meeting. After applying for a Comprehensive Plan amendment to the Future Land Use & Character Map or attending a pre-application conference relating to the same, the applicant shall request to set up a project proposal meeting with City staff. The purpose of this meeting is to begin communicating with the local neighborhood early in the process and is not a forum for final decisions or the acceptance of formal comments concerning public support or opposition. Project proposal meetings shall abide by the following minimum requirements: a. The applicant or an authorized representative must schedule and facilitate a minimum of one project proposal meeting to discuss the application or proposal. At a minimum, property owners within 200 feet of the subject property must be notified by the applicant or authorized representative. b. When possible, City staff shall be present at the meeting to address questions relating to City processes and requirements. c. The project proposal meeting shall be held on or near the subject property, or virtually. d. The project proposal meeting shall be held thirty (30) to sixty (60) days prior to the corresponding Planning and Zoning Commission meeting. 2. Review and Report by Administrator. Once the application is complete, the Administrator shall review the proposed amendment in light of the remainder of the Comprehensive Plan and existing conditions in the city and report to the Planning and Zoning Commission and City Council. 3. Recommendation by Planning and Zoning Commission. a. Notice. The Planning and Zoning Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section above and shall recommend to the City Council such action as the Commission deems proper. b. Public Hearing. A public hearing shall be held by the Planning and Zoning Commission before making a report to the City Council. c. Review and Action by Planning and Zoning Commission. The Planning and Zoning Commission shall review the amendment and approve, approve with conditions, deny, or determine that the proposed development complies with the Comprehensive Plan, and no amendment is required. If the Commission determines that no amendment is required, the applicant may proceed with the next step in the development process. No further action by the City Council is required. 4. City Council Action. a. Notice. ORDINANCE NO. 2023-4453 Page 37 of 335 The City Council shall publish, post, and mail public notice in accordance with the General Approval Procedures Section above, before taking final action on a petition to amend the Comprehensive Plan. b. Public Hearing. The City Council shall hold a public hearing and approve, approve with modifications, or disapprove the application to amend the Comprehensive Plan. c. Review and Final Action by City Council. In determining whether to approve, approve with modifications, or disapprove the application to amend the Comprehensive Plan, the City Council shall consider the following matters regarding the proposed amendment: 1) Changed or changing conditions in the subject area of the city; 2) Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole; 3) Impact on environmentally sensitive and natural areas; 4) Impacts on infrastructure, including water, wastewater, drainage, and the transportation network; and 5) Consistency with the goals and strategies set forth in the Comprehensive Plan. F. Limitation on Reapplication. If a petition for a plan amendment is denied by the City Council, another petition 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 the 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; or 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; or 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 or intensities); or 4. The final decision on the application was based on a material mistake of fact. ORDINANCE NO. 2023-4453 Page 38 of 335 Sec. 3.4. Official Zoning Map Amendments (Rezonings). Official Zoning Map Amendment Review Process 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 the city generally or to rezone an area or extend the boundary of an existing zoning district. All amendments shall be consistent with the Comprehensive Plan, including the Future Land Use & Character Map. B. Initiation of Amendments. An amendment to the Official Zoning Map may be initiated by: 1. The City Council; 2. The Planning and Zoning Commission; 3. The Administrator; or 4. The property owner(s). C. Application. A complete application for an Official Zoning Map amendment shall be submitted to the Administrator as set forth in the General Approval Procedures Section above and herein. As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analyses Section of Article 7, General Development Standards of this UDO. 1. Application requests for a P-MUD Planned Mixed-Use District or PDD Planned Development District 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 the Concept Plans (P-MUD and PDD Districts) Section below. ORDINANCE NO. 2023-4453 Page 39 of 335 2. Application requests for an NCO Neighborhood Conservation Overlay shall provide the following additional information in accordance with the Neighborhood Conservation Overlay Process Handbook. a. A copy of the original plat of the subdivision, or multiple contiguous phases of original subdivisions that apply jointly; 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, or multiple contiguous phases of original subdivisions that apply jointly in one application, in support of the overlay district. The fifty (50) percent plus one (1) petition signatures must be met for each of the original subdivisions that apply jointly; 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 ROO Restricted Occupancy Overlay shall provide the following additional information in accordance with the Restricted Occupancy Overlay Process Handbook: a. A copy of the original plat of the subdivision, or multiple contiguous phases of original subdivisions that apply jointly; 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, or multiple contiguous phases or original subdivisions that apply jointly in one application, in support of the overlay district. The fifty (50) percent plus one (1) petition signatures must be met for each of the original subdivisions that apply jointly; 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 request for an HP Historic Preservation Overlay 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: ORDINANCE NO. 2023-4453 Page 40 of 335 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 historic contributing and non-contributing resources to the proposed district; and 4) A description of the boundaries of the proposed HP Historic Preservation Overlay, including subareas and areas where new construction will be prohibited. D. Approval Process. 1. Pre-Application Conference. Prior to the submission of an application for an Official Zoning Map amendment, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre- Application Conference Subsection of the General Approval Procedures Section above. 2. Required Meetings. a. Neighborhood Meeting. Prior to the submission of an application for an Official Zoning Map amendment for an NCO Neighborhood Conservation Overlay or ROO Restricted Occupancy Overlay, 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 an Official Zoning Map amendment for an HP Historic Preservation Overlay, 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 district and explain the rezoning process to the neighborhood. 3. Review and Report by Administrator. With the exception of applications for HP Historic Preservation Overlays, once the application is complete, the Administrator shall review the proposed amendment to the Official Zoning Map in light of the Comprehensive Plan and the criteria enumerated in this Section. The Administrator shall give a report to the Planning and Zoning Commission on the date of the scheduled public hearing. If the Administrator determines that the request is not in conformity with the Comprehensive Plan, the application shall not be accepted, and no further processing shall occur until the Official Zoning Map amendment conforms. 4. Review and Report by Historic Preservation Officer. An application for an HP Historic Preservation Overlay shall be reviewed by the Historic Preservation Officer, who shall review the proposed amendment in light of the Comprehensive Plan, the criteria of this Section, and the Historic Preservation Overlay Subsection of the Overlay Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. The Historic Preservation Officer shall 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 an HP Historic Preservation Overlay, 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. ORDINANCE NO. 2023-4453 Page 41 of 335 The Landmark Commission shall publish, post, and mail public notice in accordance with the General Approval Procedures Section above. 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 HP Historic Preservation Overlays, the Administrator, up on receipt of a petition to amend the Official Zoning Map, shall refer the same to the Planning and Zoning Commission for study, hearing, and report. For an application to amend the Official Zoning Map to an HP Historic Preservation Overlay, 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 above. The Planning and Zoning Com mission 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 above 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, as amended, the proposed change must receive the affirmative vote of at least three-fourths (¾) of all members of the City Council to take effect. 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 are 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 HP Historic Preservation Overlays, the City Council shall consider if the proposed amendment contains one or more properties in an ORDINANCE NO. 2023-4453 Page 42 of 335 environmental setting that meets two (2) or more of the criteria for designation of an HP Historic Preservation Overlay as described in the Historic Preservation Overlay Subsection of the Overlay Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. e. Effect of Historic Preservation Overlay Zoning Upon Official Public Records. Upon designation of a property with an HP Historic Preservation Overlay, 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 Central Appraisal District, as well as the Official Zoning Map. E. Limitation on Reapplication. If a rezoning application 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 the 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 Official Zoning Map amendment requirements herein and may be initiated by: 1. The City Council; 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) perce nt plus one (1) of the total number of single-family zoned or developed building plots contained within the original subdivision, or contiguous phases of original subdivisions that applied jointly, in support of repealing the overlay district. ORDINANCE NO. 2023-4453 Page 43 of 335 Sec. 3.5. Concept Plans (P-MUD and PDD Districts). Concept Plan Review Process A. Applicability. A concept plan shall accompany a P-MUD Planned Mixed-Use District or PDD Planned Development District rezoning application to ensure the intent of the UDO is met by the proposed planned district standards. B. Application Requirements. A complete application for a concept plan shall be submitted to the Administrator with a P -MUD Planned Mixed-Use District or PDD Planned Development District rezoning application as set forth in the General Approval Procedures Section above unless otherwise specified in this Section. C. Concept Plan Approval Process. 1. Pre-Application Conference. Prior to submitting a concept plan, applicants are encouraged to schedule and attend an optional pre- application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. Review and Report by the Parks and Recreation Advisory Board. If the proposed area involves any required or voluntary parkland dedication, the concept plan must be reviewed by the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board recommendations shall be forwarded to the City Council. 3. Review and Report by the Greenways Program Manager. If the proposed area includes a greenway dedication as shown on the Bicycle, Pedestrian, and Greenways Master Plan, or if the applicant is proposing greenway dedication or voluntary sale, the concept plan must be reviewed by the Greenways Program Manager. The Greenways Program Manager’s recommendation shall be forwarded to the City Council. 4. Review and Recommendation by the Administrator. The Administrator shall review the concept plan and recommend approval, approval with conditions, or disapproval of the same. ORDINANCE NO. 2023-4453 Page 44 of 335 5. Review and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall review the concept plan and recommend to the City Council approval, approval with conditions, or disapproval of the same. 6. City Council Final Action. The City Council shall review the concept plan and approve, approve with conditions, or disapprove. D. Concept Plan Requirements. A concept plan shall not be considered or reviewed as a complete site plan application. The conc ept plan for the proposed development shall include the following: 1. A general plan showing the location and relationship of the various land uses permitted in the development; 2. A range of proposed building heights; 3. A written statement addressing the drainage development of the site; 4. The general location of detention/retention ponds and other major drainage structures; 5. A list of general bulk or dimensional variations sought; 6. If general bulk or dimensional variations are sought, provide a list of community benefits and/or innovative design concepts to justify the request; 7. The general location of the building and parking areas; 8. Open spaces, parkland, conservation areas, greenways, parks, trails, and other special features of the development; and 9. Buffer areas or a statement indicating buffering proposed. E. Review Criteria. The Administrator and Planning and Zoning Commission shall recommend approval and the City Council may approve a concept plan if it finds that the concept plan meets the following criteria: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal conforms with the policies, goals, and objectives of the Comprehensive Plan, inc luding any associated plans or studies adopted by the City Council, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by an owners association; 5. The development includes the provision of adequate public improvements, including but not limited to parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. F. Minimum Requirements. ORDINANCE NO. 2023-4453 Page 45 of 335 Unless otherwise indicated in the approved concept plan, the minimum requirements for each development shall be those stated in this UDO for subdivisions and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Modification of these standards may be considered during the approval process of the concept plan. If modification of these standards is granted with the concept plan, the Administrator will determine the specific minimum requirements. G. Compliance with Other Regulations. The approval of a concept plan shall not relieve the developer from responsibility for complying with all other applicable sections of this UDO and other codes and ordinances of the City of College Station unless such relief is granted in the approved concept plan. H. Owners Association Required. An owners association will be required if other satisfactory arrangements have not been made f or providing, operating, and maintaining common facilities including streets, drives, service, and parking areas, common open spaces, buffer areas, and common recreational areas at the time the development plan is submitted. If an owners association is required, documentation must be submitted to the City at the time of platting to assure compliance with the provisions of this UDO. I. Modifications. Any deviations from the approved concept plan shall require City Council approval except as provided in the Minor Amendment to Concept Plan Subsection below. J. Minor Amendment to Concept Plan. Minor additions and modifications to the approved concept plan meeting the following criteria may be approved by the Administrator: 1. Minor additions to structures as determined by the Administrator; 2. Minor new accessory structures if the location does not interfere with the existing site layout (e.g., circulation, parking, loading, stormwater management facilities, open space, landscaping, buffering); 3. Minor additions to parking lots; 4. Clearing or grading of areas not depicted on the concept plan as a conservation area, greenway, or park; and 5. Final determination of the specific meritorious modifications such as setbacks, lot size, dimensional standards, etc., granted generally as part of the concept plan. ORDINANCE NO. 2023-4453 Page 46 of 335 Sec. 3.6. Conditional Use Permits. Conditional Use Permit Review Process A. Purpose. Conditional use permits allow City Council discretionary approval of 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 above. A complete site plan must accompany all applications for a conditional use permit. D. Approval Process. 1. Pre-Application Conference. Prior to the submission of an application for a conditional use permit, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 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. 3. Planning and Zoning Commission Recommendation. a. Notice. ORDINANCE NO. 2023-4453 Page 47 of 335 The Planning and Zoning Commission shall publish, post, and mail notices in accordance with the General Approval Procedures Section above. b. Public Hearing. After review of the conditional use permit 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 notices in accordance with the General Approval Procedures Section above. b. Public Hearing. The City Council shall hold a public hearing after review of the conditional use permit application, subject to the criteria enumerated in the Conditional Use Review Criteria Subsection 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 permit application. E. Conditional Use Review Criteria. The City Council may approve an application for a conditional use permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding properti es or the general public. The City Council shall consider the following criteria in its review: 1. Purpose and Intent of the Unified Development Ordinance. 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 uses in the area or 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. The proposed use shall not negatively impact existing land uses in the area or the city. F. Additional Conditions. ORDINANCE NO. 2023-4453 Page 48 of 335 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 (10) percent; c. Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the Comprehensive Plan Functional Classification & Context Class Map; 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. In accordance with the authority granted to municipalities by the state, the City shall have the right 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. ORDINANCE NO. 2023-4453 Page 49 of 335 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 revocation of an approved conditional use permit application shall include but not be limited to the following: 1) There is a conviction of a violation of any of the provisions of this UDO, the ordinance approving the conditional use, or any ordinance of the City of College Station 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, terms, or conditions of a conditional use permit; or 4) The conditional use permit was obtained by fraud or 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 above. c. The City Council may revoke the conditional use permit, deny the revocation and allow the conditional 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. Upon the effective date of the revocation set by the 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. ORDINANCE NO. 2023-4453 Page 50 of 335 Sec. 3.7. Plats. Plat Review Process A. Applicability. This Section applies to the subdivision and development of property as set forth herein. 1. Subdivision Plat Required. a. Subdivision of property within the city limits or extraterritorial jurisdiction is required to be approved in accordance with applicable state law and as set forth herein when one (1) or more of the following occurs: 1) The division of land (for any purpose) into two (2) or more parcels to lay out a subdivision of the tract, including an addition to the city, to lay out suburban, building, or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on to or adjacent to the streets, alleys, squares, parks or other parts; 2) Development on a parcel not previously legally subdivided; 3) Resubdivision of land that has previously been platted; or 4) Amendment of any approved plat. b. Types of Subdivision Filings. 1) Preliminary Plans. A preliminary plan is required for the subdivision of all tracts of land within the city limits or extraterritorial jurisdiction, except as otherwise set forth in this UDO. A preliminary plan shall include the entire parent survey or tract of land under common ownership. 2) Final Plats and Replats. A final plat is required for the subdivision of all property within the city limits or extraterritorial jurisdiction. A final plat shall include the entire preliminary plan area or less when the final plat adheres to the phasing identified on the approved preliminary plan. The ORDINANCE NO. 2023-4453 Page 51 of 335 final plat shall conform to the preliminary plan as approved by the Administrator, provided it incorporates all changes, modifications, corrections, and conditions imposed by the Administrator; and provided further, that it conforms to all requirements of these regulations and the Comprehensive Plan. 3) Minor Plats and Amending Plats. A preliminary plan shall not be required prior to the application of a minor plat or amending plat. Pursuant to Chapter 212 of the Texas Local Government Code, as amended, the City Council delegates the Administrator the ability to approve the following plats in accordance with the procedure set forth herein: a) Amending plats described in Chapter 212 of the Texas Local Government Code, as amended; b) Minor plats or replats involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; c) A replat described in Chapter 212 of the Texas Local Government Code, as amended, and that does not require the creation of any new street or the extension of municipal facilities. 4) Vacating Plats. A vacating plat shall adhere to the requirements of Chapter 212 of the Texas Local Government Code, as amended. Vacating plats be processed and reviewed in the same manner as a final plat. c. Exemptions from Subdivision Plat Requirement. The following subdivisions are exempt from subdivision plat requirements: 1) A division of land into parts greater than five (5) acres within the city limits and greater than ten (10) acres in the extraterritorial jurisdiction, where each part has access, and no public improvement is being dedicated; 2) Division of property that results from a governmental entity's land acquisition for public facilities such as the expansion of street right-of-way; 3) Any lot(s) forming a part of a subdivision created and recorded prior to July 15, 1970, the effective date of the City of College Station Subdivision Regulations, or prior to the date on which the Subdivision Regulations applied to the property through the extension of the extraterritorial jurisdiction; 4) A division of land performed by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code, as amended. Such entities that choose to plat voluntarily shall comply with all of the applicable requirements; or 5) A division of land created by order of a court of competent jurisdiction. 2. Development Plat Required. a. The City chooses to be covered by Subchapter B, Regulation of Property Development of Chapter 212 of the Texas Local Government Code, as amended. Any person who proposes the development of a tract of land or lot of record not located within a recorded subdivision within the city limits or the extraterritorial jurisdiction must have a development plat of the tract prepared in accordance with this Section. New development may not begin on the property until the development plat is filed with and approved by the City. b. Exemptions from Development Plat Requirement. ORDINANCE NO. 2023-4453 Page 52 of 335 The following developments are exempt from development plat requirements: 1) When an applicant is required to file a preliminary plan or final plat pursuant to other requirements of this Section, a development plat is not required in addition thereto. 2) The development of a tract of land within the city limits or the extraterritorial jurisdiction that meets all of the following criteria is not required to file a development plat: a) The tract is at least five (5) acres; b) The tract has access; and c) The development is a single-family home for the use of the property owner or a member of the property owner's family, an accessory structure(s) of the home, and/or an accessory structure(s) for the benefit of agricultural uses. 3) Development by a political subdivision of the state, as defined in Chapter 245 of the Texas Local Government Code, as amended. Such entities that choose to plat voluntarily shall comply with all of the applicable requirements. 4) The Administrator may waive the requirement for a development plat within the city limits when no parkland, public infrastructure, or public dedication is required on the subject tract. C. Determination of Plat Applicability. Upon written application and in compliance with Chapter 212 of the Texas Local Government Code, as amended, the Administrator shall make the following determinations regarding the tract of land identified in the request: 1. Whether a plat is required under this UDO for the tract of land; and 2. If a plat is required, whether it has been prepared and whether it has been reviewed and approved by the Planning and Zoning Commission or Administrator, as applicable. The Administrator may require additional information and documents to be provided by the applicant to make the requested determination. D. Application Requirements. 1. Pre-Application Conference. Prior to the submission of a preliminary plan or a plat application required by this UDO, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre- Application Conference Subsection of the General Approval Procedures Section above. 2. A complete application for review shall be submitted to the Administrator including payment of a fee as set forth in this UDO. Upon request, all preliminary plans and all plats shall be submitted in an electronic form acceptable to the Administrator and compatible with the City's geographic information system (GIS). The signatures of all owners of land within the boundary of the preliminary plan or the plat shall be required on the application. A representative of an owner may sign the application provided a written letter of agency is provided to the City with the application. If the property owner is not an individual but an entity (e.g., business or trust), the application must be accompanied by proof of authority for the individual to sign on behalf of the entity. 3. When required to submit the following, the applications shall comply with and/or show the following information: a. Preliminary Plans. When submitting preliminary plans, the following information is required: ORDINANCE NO. 2023-4453 Page 53 of 335 1) The preliminary plan shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8, Subdivision Design and Improvements of this UDO; 2) The words "PRELIMINARY PLAN - NOT FOR RECORD" shall appear on the plan; 3) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 4) The name and address of all property owners, developers and subdividers, engineers, and surveyors; 5) Description by metes and bounds of the subdivision which shall close within accepted land survey standards (labeled on boundary lines, not separate metes and bounds description). An accurate location of the subdivision or development shall be provided by reference to an established survey or league corner, City of College Station horizontal control monument, subdivision corner, or other known points. Primary control points or descriptions and ties to a control point, to which, later, all dimensions, angles, bearings, block numbers, and similar data shall be referred. The preliminary plan shall be oriented to a corner of the survey or tract, or an original corner of the origi nal survey of which it is a part; 6) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development shown; 7) Indicate whether the contiguous property is platted and provide the name of all contiguous subdivisions or names of owners of contiguous, unplatted parcels; 8) The following existing features shall be shown: a) The location, dimension, name, and description of all recorded streets, alleys, reservations, easements, or other public or private rights-of-way within the subdivision or development, intersecting or contiguous with its boundaries or forming such boundaries. In the case of pipelines carrying flammable gas or fuel, the approximate location, size of the line, design pressure and product transported through the line shall be shown; b) The location, dimension, description, and name of all existing or recorded lots, parks, public areas, permanent structures, and other sites within or contiguous with the subdivision or development; c) The location, dimensions, description, and flow line of existing watercourses and drainage structures within the subdivision, development, or contiguous thereto; d) The location of the one hundred (100) year floodplain according to the most recent best available data; 9) Date of preparation, scale in feet, and north arrow; 10) Topographic information, including contours at two-foot intervals, flow line elevation of streams, and wooded areas; 11) The location, approximate dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, or other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development. Proposed channel cross sections, if any. Existing and/or proposed well site locations; 12) A number or letter to identify each lot and each block. Lots and blocks shown on a preliminary plan should be numbered sequentially; ORDINANCE NO. 2023-4453 Page 54 of 335 13) Location of current city limits line and current zoning district boundaries; 14) Vicinity map which shows the general location of the subject property to existing streets in College Station to its city limits. No scale is required but a north arrow is to be included; 15) The number of residential lots and average lot size when applicable; 16) Provide a note to identify a cluster development when applicable; 17) Provide any oversize participation requests that will be sought; 18) Provide a title report for the property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc.; 19) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 20) Provide a note on the preliminary plan to identify the residential parking option chosen from the Single-Family Residential Parking Requirements for Platting Section of Article 8, Subdivision Design and Improvements of this UDO, when applicable; and 21) As applicable, applicants shall submit the information, documents, and materials set forth in the Traffic Impact Analyses Section of Article 7, General Development Standards of this UDO. b. Plats to be Recorded. When submitting plats, the following shall be required: 1) The plat shall conform to the general requirements of this UDO and minimum standards of design and improvements as set forth in Article 8, Subdivision Design and Improvements of this UDO unless expressly provided for otherwise; 2) Prior to filing a plat for record, provide current certified tax certificates from all taxing agencies showing payment of all ad valorem taxes on the land within the subdivision; 3) Provide a title report for the property that is current within ninety (90) days and includes applicable information such as ownership, liens, encumbrances, etc.; 4) Provide the plat on sheets twenty-four (24) inches by thirty-six (36) inches to a scale of one hundred (100) feet per inch or larger. Smaller scales may be allowed at the discretion of the Administrator. If more than one (1) sheet, provide an index sheet at a scale of five hundred (500) feet per inch or larger; 5) Vicinity map which shows the general location of the subject property to existing streets in College Station to its city limits. No scale is required but a north arrow is to be included; 6) The proposed name of the subdivision or development, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the county it is located; 7) Date of preparation, scale in feet, and north arrow; 8) The name and address of all property owners, developers, subdividers, engineers, and surveyors responsible for the plat; 9) Subdivision boundary lines shall be indicated by heavy lines and the computed acreage of the subdivision or development; 10) For a replat where there are existing improvements, provide a survey of the subject property showing the improvements to ensure that no setback encroachments are created; ORDINANCE NO. 2023-4453 Page 55 of 335 11) The name of contiguous subdivisions and names of owners of contiguous parcels and an indication of whether or not contiguous properties are platted; 12) The location of the one hundred (100) year floodplain and floodway according to the most recent best available data; 13) A number or letter to identify each lot and each block. Lots and blocks shown on a plat should be numbered sequentially; 14) Provide the number of lots and average lot size when applicable; 15) Provide a note to identify a cluster development when applicable; 16) Written requests for waivers of subdivision standards, if any, shall be submitted in accordance with the applicable Sections of this UDO; 17) The plat shall also include the following, based on a field survey, and marked by monuments and markers: a) The exact location, dimensions, name, and legal description of all existing or recorded streets, alleys, easements, or other rights-of-way within the subdivision or development, intersecting or contiguous with the boundary or forming such a boundary with accurate dimensions, bearings or deflection angles and radii, area, center angle, degree of curvature, tangent distance, and length of all curves, where applicable; b) The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, and other public areas, easements, or other rights-of-way, blocks, lots, and other sites within the subdivision or development, with accurate dimensions, bearings, or deflection angles and radii, areas, center angle, degree of curvature, tangent distance, and length of curves, where applicable; c) Lot corner markers and survey monuments shall be shown clearly by symbol, and tied to City of College Station horizontal control monuments; d) The following, when applicable, shall appear on the face of the plat: (See examples in the Certifications Section of Article 8 Subdivision Design and Improvements of this UDO.) i. Certificate of Ownership and Dedication; ii. Certificate of Surveyor and/or Engineer; iii. Certificate of City Engineer; iv. Certificate of Planning and Zoning Commission; v. Certificate of the County Clerk; vi. Certificate of City Planner; and vii. Certificate of Approval. 18) The plat shall be accompanied by the construction documents and reports bearing the seal and signature of a registered professional engineer. All shall be in accordance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and shall include the following: a) Construction plans shall be provided on sheets twenty-four (24) inches by thirty-six (36) inches; b) Street, alley, and sidewalk plans, profiles, and sections, with specifications and detailed cost estimates; ORDINANCE NO. 2023-4453 Page 56 of 335 c) Sanitary sewer plan with contours, plan, and profile lines, showing depth and grades, with sewer report and detailed cost estimates; d) Water line plan showing fire hydrants, valves, etc., with specifications, a water report, and a detailed cost estimate. This may be combined with related information supplied for preliminary plan submissions; e) Storm drainage system plan with contours, street lines, inlets, storm sewer, and drainage channels with profiles and sections. Detail drainage structure design and channel lining design if used, with specifications, drainage report, and detailed cost estimate; f) Street lighting plan showing the location of lights, design, and with specifications and detailed cost estimates; and g) Any associated necessary items, including but not limited to off-site public utility easements, permits, or approval of governmental agencies. 19) Provide a note on the final plat to identify the residential parking option chosen from the Single-Family Residential Parking Requirements for Platting Section of Article 8, Subdivision Design and Improvements of this UDO, when applicable; and 20) If the subject property is zoned MH Middle Housing, provide a note on the final plat to identify the list of proposed residential product type(s) to ensure the correct application of the Middle Housing Project Types and Dimensional Standards Table Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. E. Filing of Plat. For the purposes of this Section, the date of filing shall be determined as the date on which a complete application, as determined by the Administrator, and a plat meeti ng all of the technical terms and conditions of this UDO or has filed a waiver request to those Sections for which the plat does not comply, is submitted. Once a complete application has been filed with the City, it will be scheduled for action by the Admi nistrator and/or the Planning and Zoning Commission, as applicable. F. Review Procedure. 1. Preliminary Plan Review. a. Review and Approval by the Administrator. If a waiver or discretionary item is not included or required with the preliminary plan application, the Administrator may review and approve or deny the application based on compliance with the following elements: 1) The Comprehensive Plan, including any associated plans or studies adopted by the City Council; 2) Existing zoning of the property, if applicable; 3) Article 8, Subdivision Design and Improvements of this UDO; 4) Form and content as required in the General Approval Procedures Section above; 5) If phased, the preliminary plan must demonstrate the sufficiency and viability of public infrastructure for each phase such that an undue burden is not placed on any particular phase. In addition, the proposed phasing is not to create phases or potential remainders of size, shape, or location so as not to be developable in compliance with this UDO; and 6) Other provisions of this UDO as applicable. b. Review and Recommendation by Parks and Recreation Advisory Board . ORDINANCE NO. 2023-4453 Page 57 of 335 The Parks and Recreation Advisory Board shall review the preliminary plan application for compliance with the Requirements for Parkland Dedication Section of Article 8, Subdivision Design and improvements of this UDO and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Administrator or the Planning and Zoning Commission in its review. Once the Board has determined compliance, the preliminary plan and subsequent plats may proceed directly to the Administrator or the Planning and Zoning Commission. c. Consideration by Planning and Zoning Commission. If a preliminary plan application includes one or more waiver requests or discretionary items, the Administrator shall forward the preliminary plan to the Planning and Zoning Commission for consideration when it meets all of the technical terms and conditions of this UDO. Proposed parkland dedication equal to or exceeding five (5) acres and dedications of floodplain or greenway not previously considered by the Planning and Zoning Commission shall be considered discretionary items. The Administrator shall provide a recommendation on the waiver request(s) or discretionary item(s) as appropriate. The Planning and Zoning Commission shall receive the recommendations of the Administrator and the Parks and Recreation Advisory Board and shall approve, disapprove, or conditionally approve the preliminary plan with modifications based on compliance with the same elements listed in the Review and Approval by Administrator Subsection above. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out. d. Effect of Approval. Approval of a preliminary plan shall mean the following: 1) Approval of a preliminary plan application by the Administrator or the Planning and Zoning Commission shall allow the applicant to continue the subdivision process by submitting a development permit application with construction plans and a final plat application. 2) Approval of a preliminary plan shall not constitute approval of a final plat. Application for approval of a final plat will be considered only after the requirements for preliminary plan approval as specified herein have been fulfilled and after all other specified conditions have been met. 3) If a final plat is not filed with the City within twenty-four (24) months of the date of approval or conditional approval of a preliminary plan, the Planning and Zoning Commission may, upon written application of the applicant, extend the approval for a one- time additional twelve (12) month period. The request for consideration of an extension shall be submitted to the Administrator at least thirty (30) days before the preliminary plan approval expires. 4) Each final plat which is a phase of an approved preliminary plan shall extend the expiration date of the preliminary plan an additional two (2) years from the date the final plat was approved by the Planning and Zoning Commission. 5) If a preliminary plan is phased, final plats shall only be permitted to proceed to the Planning and Zoning Commission in the numerical order set forth by the preliminary plan. 2. Amendments to an Approved Preliminary Plan. a. Minor Amendments. Minor amendments of an approved preliminary plan may be in an application for approval of a final plat without the necessity of filing a new application for approval of a preliminary plan. Minor amendments may include adjustments in street or alley alignments and lengths, phasing, the adjustment in lot lines that do not result in the creation of additional developable lots, or adjustments to utility or access easements. Minor amendments shall comply with the standards ORDINANCE NO. 2023-4453 Page 58 of 335 of this UDO, shall not alter a subdivision standard that is discretionary to the Planning and Zoning Commission, and shall not increase the extent of an approved waiver to a subdivision standard. b. Major Amendments. All other proposed amendments of an approved preliminary plan not constituting a minor amendment shall be considered a major amendment and require the approval of a new preliminary plan application by the Administrator or the Planning and Zoning Commission, as appropriate. Major amendments include but are not limited to an increase in the number of developable lots, rerouting of streets, addition or deletion of alleys, change to thoroughfare street layout, or modification to parkland. c. Amendment Determination. The applicant shall provide a written description of proposed amendments to an approved preliminary plan. The Administrator shall determine whether the proposed amendments are deemed minor or major amendments. At the discretion of the Administrator, a new preliminary plan application that proposes major amendments may be processed simultaneously with a final plat application. d. Retaining Previous Approval. If the proposed major amendments are not approved or if the applicant is unwilling to accept the terms and conditions required by the Administrator or the Planning and Zoning Commission, the applicant may withdraw the proposed amendments by written request and retain the previously approved preliminary plan. 3. Final Plat, Replat, Vacating Plat, and Development Plat Review. a. Review and Recommendation by Administrator. 1) The Administrator shall review the plat application for compliance with the elements: a) The approved preliminary plan, if applicable; b) The Comprehensive Plan, including any associated plans or studies adopted by the City Council; c) Existing zoning of the property, if applicable; d) Article 8, Subdivision Design and Improvements of this UDO; e) Form and content as required in the General Approval Procedures Section above; and f) Other provisions of this UDO as applicable. 2) If public infrastructure is required for the plat, the following is required for the plat application to be complete to be scheduled for Planning and Zoning Commission consideration: a) The construction documents must be approved by the City Engineer; b) Any necessary off-site easements are reviewed and acceptable by the City in recordable form; and c) Either the public infrastructure is constructed by the applicant and accepted by the City, or a guarantee provided to the City Engineer in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section of Article 8, Subdivision Design and Improvements of this UDO. 3) The applicant will be advised of the date set for Planning and Zoning Commission consideration. ORDINANCE NO. 2023-4453 Page 59 of 335 4) The Administrator shall recommend approval or disapproval of the same. b. Review and Recommendation by Parks and Recreation Advisory Board . If not already determined through an approved preliminary plan, the Parks and Recreation Advisory Board shall review the plat application for compliance with the Requirements for Parkland Dedication Section of Article 8, Subdivision Design and Improvements of this UDO, and recommend approval, approval with conditions, or disapproval of the same. This recommendation must be considered by the Planning and Zoning Commission in its plat review. c. Criteria for Approval by Planning and Zoning Commission . Within thirty (30) days after the plat is filed, the Planning and Zoning Commission shall receive the recommendation of the Administrator and the Parks and Recreation Advisory Board and shall approve or disapprove such plat. The Planning and Zoning Commission's action shall be based on compliance with the review elements listed in the Review and Recommendation by Administrator Subsection above and the City Engineer’s approval of all required infrastructure as proposed in the construction documents and which has been constructed and accepted or guaranteed in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section of Article 8, Subdivision Design and Improvements of this UDO. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out. d. Recordation. If the Planning and Zoning Commission has approved the plat, the plat shall be recorded in the County Clerk’s Office of the county in which the plat is located when all requirements and conditions have been met. 4. Minor Plat and Amending Plat Review. a. Review and Action by Administrator. The plat shall be reviewed by the Administrator for compliance with all applicable requirements of this UDO including those elements identified in the Preliminary Plan Review Subsection above and the following procedures: 1) Consideration of the approval, approval with conditions, or recommendation of denial of the plat by the Administrator usually within fifteen (15) days of filing a minor plat or amending plat; 2) The Administrator shall approve, approve with conditions, or recommend denial and forward the plat to the Planning and Zoning Commission at the next available meeting. The Administrator may also elect to forward the plat to the Planning and Zoning Commission for any reason. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out; 3) If forwarded to the Planning and Zoning Commission, the Commission shall approve, disapprove, or conditionally approve the plat. Conditions of approval must entail corrections, changes, or completion of items that are ministerial and explicitly spelled out; 4) Upon approval of the Planning and Zoning Commission meeting minutes, the Administrator shall make them available to the applicant; 5) A report shall be made to the Planning and Zoning Commission at each meeting notifying the Commission of any minor plats or amending plats that were approved by the Administrator since the last Commission meeting. b. Recordation. ORDINANCE NO. 2023-4453 Page 60 of 335 If favorable final action has been taken by the Administrator or the Planning and Zoning Commission, the minor plat or amending plat shall be recorded in the County Clerk’s Office of the county in which the plat is located when all requirements and conditions have been met. G. Waivers. The Planning and Zoning Commission, where authorized by this UDO, may approve, approve with conditions, or disapprove waivers of the standards in Article 8, Subdivision Design and Improvements of this UDO. H. Platting in Planned Districts. If the subject property is zoned as a P-MUD Planned Mixed-Use District or PDD Planned Development District, the City Council may approve a concept plan that provides for general modifications to the site development and subdivision standards. The general modifications shall be indicated on the approved concept plan or within the rezoning ordinance. I. Platting in the Extraterritorial Jurisdiction. The City has entered into one (1) or more written agreements with counties in which it has extraterritorial jurisdiction. Such agreements identify the authority authorized to regulate plats within the extraterritorial jurisdiction, and the provisions of this Section are subject to the terms and conditions of such valid agreements. In the event such an agreement creates a direct conflict between the regulations herein and those of the particular county, the stricter standard shall apply. J. Failure to Obtain Plat Approval. 1. If plat approval is required for the subdivision of property or development of property and the same is not properly secured: a. Prohibition of Recordation. It shall be unlawful to offer and cause to be recorded any plat or replat of land within the city limits or extraterritorial jurisdiction at the County Clerk’s Office unless the same bears the endorsement and approval of the Planning and Zoning Commission, the Administrator, or bears a valid certificate of No Action Taken as provided for in the Certifications Section of Article 8, Subdivision Design and Improvements of this UDO. b. Prohibition of Making Improvements. It shall be unlawful to make any improvements, alterations, or changes of any kind to such property; c. No Issuance of Permits. The City shall not issue any building, repair, plumbing, electrical, or other permit relating to such property until such approval occurs; d. No Provision or Maintenance of Infrastructure. The City shall not repair, maintain, install, or provide any streets, public utilities, or public infrastructure of any kind to such property; e. No Provision of Public Utilities. The City shall not sell or supply water, gas, electricity, or sewerage to such property. 2. Council Action. a. If any subdivision or development exists for which a plat has not been approved or in whi ch the standards contained herein or referred to herein have not been complied with in full, the City Council may pass a resolution reciting the fact of such noncompliance or failure to secure plat approval and reciting the fact that the provisions of this Section apply. ORDINANCE NO. 2023-4453 Page 61 of 335 b. The City Secretary shall, when directed by the City Council, cause a certified copy of the said resolution under the corporate seal of the City to be recorded in the Deed Records of the county in which the plat is located. c. If such compliance and plat approval are secured after the recording of such resolution, the City Secretary shall forthwith record an instrument in the Deed Records of the county in which the plat is located stating that the property is no longer in violation. Sec. 3.8. Development Permits. Development Permit Review Process A. Applicability. A development permit shall be required prior to any development activity to ensure conformance to the provisions and requirements of this UDO. The following uses are exempt from the permitting requirements of this Section, but shall otherwise meet all of the requirements of this UDO and the Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details, and the Drainage and Stormwater Management Section of Article 7, General Development Standards of this UDO: 1. Customary and incidental grounds maintenance, landscaping, and gardening; 2. Drainage-related improvements or modifications by a homeowner on property used as their principal residence where that property lies outside of the designated area of special flood hazard; and 3. Uses by a landowner of their property for bona fide agricultural purposes. B. Approval Process. Prior to the issuance of a development permit, the following requirements shall be met: 1. Pre-Application Conference. Prior to the submission of an application for a development permit, applicants are encouraged to schedule and attend an optional pre-application conference following the procedure laid out in the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. Application. ORDINANCE NO. 2023-4453 Page 62 of 335 A complete application for a development permit shall be submitted to the Development Engineer as set forth in the General Approval Procedures Section above. 3. Review and Action by the Development Engineer. The Development Engineer shall review the required information and application form and shall take one (1) of the following actions: a. Approve the development permit; b. Disapprove the development permit; c. Approve the development permit with conditions; or d. Require additional information or an engineering conference with the applicant or their engineer. 4. Review Criteria. Approval or denial of a development permit by the Development Engineer shall be based on the following relevant factors: a. The danger to life or property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The maintenance and operational costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems; f. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site; g. The necessity for the facility of a waterfront location, where applicable; h. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; i. The barricading of existing trees to remain on the property and count as protected trees under the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO; and j. Compliance with this UDO. 5. Notification of Decision. a. The applicant shall be notified in writing of the action of the Development Engineer. If the development permit has been disapproved, the specific reasons for disapproval shall be indicated in the notification. If additional information is required of the applicant, the specific requirements shall be indicated in the notification. A final determination of the approval or disapproval of the development permit, considering the additional information, shall be made, and written notification to the applicant is given within ten (10) working days after acceptance of the complete application. b. Any proposal which includes areas of special flood hazard within the following special drainage areas shall receive written notice of approval or disapproval of the development permit from the Development Engineer within sixty (60) working days after receipt of the proposal: 1) The entirety of Carter's Creek; ORDINANCE NO. 2023-4453 Page 63 of 335 2) The main channel of Lick Creek; 3) Wolf Pen Creek from the Earl Rudder Freeway to the confluence with Carter's Creek; and 4) The Brazos River. Sec. 3.9. Site Plans. Site Plan Review Process A. Applicability. 1. Prior to the development of any use or structure other than single-family (excluding manufactured home parks), duplex, or townhouse, a site plan shall be approved by the City in accordance with this Section. No development shall be lawful or permitted to proceed without final site plan approval. A site plan approved as part of a conditional use permit shall be considered a site plan approval. 2. If the subject property is zoned P-MUD Planned Mixed-Use District or PDD Planned Development District, the City Council may approve a concept plan that provides for general modifications to the site development standards. The general modifications shall be indicated on the approved concept plan. The Administrator shall determine the specific standards that comply with the general modifications of the site development requirements at the time a site plan is approved. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved concept plan. 3. If the subject property is zoned WPC Wolf Pen Creek, no private development shall be lawful or permitted to proceed without site plan approval. Site plan approval shall be required for all site plans as part of a conditional use permit. The Administrator may require traffic and parking impact studies, a review of existing occupancy, and other reasonable data to determine the impact of the project. B. General Requirements. 1. All improvements reflected on approved site plans must be constructed at the time of development. All terms and conditions of site plan approval must be met at the time of development. 2. If the subject property is zoned WPC Wolf Pen Creek, all associated rehabilitation, façade work, and other construction must be conducted after and in compliance with approved elevations, colors, and materials, and comply with all requirements in the WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. Such review may take place concurrent with the site plan review or may take place separately as provided in the Development Permits Section above. ORDINANCE NO. 2023-4453 Page 64 of 335 C. Application Requirements. A complete application for site plan approval shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. The application shall include a landscape plan illustrating compliance with the requirements of the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. Where applicable, applicants shall submit information, documents, and materials required in the Non-Residential Architectural Standards Section and Traffic Impact Analyses Section of Article 7, General Development Standards of this UDO. D. Site Plan Approval Process. Site plan applications shall be processed in accordance with the following requirements: 1. Pre-Application Conference. Prior to the submission of an application for site plan approval, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. Final Action by the Administrator. If the proposed site plan is determined to be consistent with all applicable provisions of this UDO, the Administrator shall approve or conditionally approve the site plan. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the site plan and notice of such disapproval shall be given to the applicant in writing. Conditional approval must entail corrections or changes that are ministerial and explicitly spelled out. E. Site Plan Review Criteria. The Administrator may request changes to the site plan to accomplish the following requirements. To be approved, a site plan must provide for: 1. Safe and convenient traffic control, handling, and vehicle queuing; 2. Assured pedestrian safety which may include the provision of sidewalks along the perimeter of the property; 3. Efficient and economic public utilities; 4. Public road or street access; 5. Safe and efficient internal access including public, private, or emergency; 6. Adequate parking and maneuvering areas; 7. Noise and emission control or dispersion that complies with Chapter 7, Health and Sanitation of the City of College Station Code of Ordinances; 8. Runoff, drainage, and flood control; 9. Visual screening of areas offensive to the public or adjacent developments such as detention areas, retaining walls, utilities, and solid waste facilities; 10. Compliance with standards, guidelines, and policies of the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards; 11. Clear indication of what constitutes the building plot for purposes of signage; and 12. Location and density of buildings or dwelling units where topography or characteristics of the site compel a lower density than would otherwise be allowed or require location consistent with accepted engineering practices and principles. F. Additional Site Plan Review Criteria for the WPC Wolf Pen Creek Design District. ORDINANCE NO. 2023-4453 Page 65 of 335 All development within the WPC Wolf Pen Creek design district shall comply with the Site Plan Review Criteria Subsection above. In addition, the following standards, which affect the appearance of a development, shall govern the evaluation of a design submission in the WPC Wolf Pen Creek design district: 1. Conformance with the Comprehensive Plan, including any associated plans or studies adopted by the City Council; 2. Exterior space utilization; 3. Material selection; 4. Compatibility with existing development in the design district; 5. Vehicular, pedestrian, and bicycle circulation; 6. Building location and orientation; and 7. Specific standards listed in the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. G. Appeal. Appeals of site plans denied by the Administrator where the denial was based upon or a condition was imposed to assure compliance with the Site Plan Review Criteria Subsection or Additional Site Plan Review Criteria for the WPC Wolf Pen Creek Design District Subsection above shall be submitted to the Design Review Board within thirty (30) days of the decision. If no appeal is filed within thirty (30) days, the decision shall be final. The Design Review Board shall have the same authority and use the same review criteria as the Administrator in reviewing the site plan and taking final action. The Board may impose reasonable site- related conditions to mitigate the impacts of the development; however, they shall not impose architectural changes unless otherwise provided for in this UDO. Sec. 3.10. Sign Permits. Sign Permit Review Process A. Applicability. No sign shall hereafter be installed, erected, moved, added to, or structurally altered without a permit issued by the Administrator, except in conformity with the provisions of this Section, unless th e Administrator is so directed by the Zoning Board of Adjustment as provided by this UDO. In the WPC Wolf Pen Creek design district, all substantial maintenance (including the replacement or alteration of signs) shall be subject to the sign permit review process detailed in this Section. ORDINANCE NO. 2023-4453 Page 66 of 335 1. A sign permit shall be required for the following: a. Apartment/condominium/manufactured home park identification signs; b. Attached signs; c. Development signs; d. Freestanding signs; e. Low profile signs; f. Roof signs; and g. Subdivision and area identification signs. 2. No sign permit shall be required for the following: a. Real estate, finance, and construction signs; b. Directional traffic control signs; c. Home occupation signs; and d. Non-commercial signs. 3. It shall be the responsibility of the owner or the leasing agent to assign the available attached or freestanding sign square footage to individual building tenants. In no case shall this be the responsibility of the Administrator. In no case may the cumulative total of individual signs for a multi-tenant building exceed the allowable area available or attached or freestanding signs. B. Application. A complete application for a sign permit shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. C. Review and Action by the Administrator. The Administrator must review each sign permit application in light of this UDO and act to approve, approve with conditions, or deny the permit. The Administrator may approve with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this UDO. As applicable, the Administrator shall apply the standards in the WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. In considering such matters, the Administrator may rely on special area plans or studies adopted by the City Council. D. Maintenance and Repair. 1. Cleaning, painting, repainting, and other normal maintenance and repair of a sign shall not require a permit unless a structural or size change is made. Maintenance includes the replacement of a sign face. Repainting or replacement of materials in the WPC Wolf Pen Creek design district must receive approval of either the Administrator or the Design Review Board. 2. Repair of conforming signs, damaged as a result of accidents or acts of God, shall be exempt from permit fees when they are being restored to their original condition. E. Waivers (WPC Wolf Pen Creek only). The Design Review Board shall hear and decide requests for waivers from the standards in the WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection. ORDINANCE NO. 2023-4453 Page 67 of 335 Sec. 3.11. Building Permits. Building Permit Review Process A. Applicability. 1. No building or other structure shall hereafter be erected, moved, added to, structurally altered, repaired, demolished, or occupancy changed without a permit issued by the Building Official except in conformity with the provisions of this Section and the International Building Code, as adopted by the City unless otherwise provided for in the City of College Station Code of Ordinances. No building permit issued under the provisions of this Section for land use or construction in the City shall be considered valid unless signed by the Building Official. 2. In the WPC Wolf Pen Creek design district, all substantial maintenance (including but not limited to rehabilitation, façade work, and change of exterior materials or other construction) shall be subject to the building permit review process detailed in this Section. All building permits required in the WPC Wolf Pen Creek design district, including minor additions to a site (accessory buildings and structures, change of solid waste disposal location, painting, and landscaping) shall be reviewed by the Administrator. B. Application for Building Permit. 1. Applications for building permits for single-family, duplex, townhouse, or courtyard house structures shall be accompanied by one (1) set of complete plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of buildings already existing on the lot, if any; and the location and dimensions of the proposed building or alteration, easements, and required setbacks. Applications for multi-family (including multiplex) and non-residential structures shall be accompanied by three (3) sets of complete plans, drawn to scale, including the approved site plan as required in the Site Plans Section above. Additional sets of plans shall be supplied to the Building Official upon request. 2. The application shall include such other information as lawfully may be required by the Building Official or the Administrator, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this UDO. 3. One (1) copy of the plans shall be returned to the applicant after it is marked as either approved, approved with conditions, or disapproved and attested to same by the signature of the Building Official on such copy. The original copy of the plans, similarly marked, and the associated site plan shall be retained by the Building Official. ORDINANCE NO. 2023-4453 Page 68 of 335 4. Where applicable, applicants shall submit information and materials required in the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. 5. Where applicable, applicants shall submit information and materials required in the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO. 6. If the subject property is zoned MH Middle Housing, applicants shall specify the proposed residential product type. See the Middle Housing Product Types and Dimensional Standards Table in the Residential Dimensional Standards Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO for a list of allowed product types. C. Review and Recommendation. The Building Official shall review all building permit applications to determine if intended uses, buildings, or structures comply with all applicable regulations and standards, including this UDO, and approve or disapprove the same. D. Review and Action by Building Official. 1. The Building Official shall make a final determination of whether the intended uses, buildings, or structures comply with all applicable regulations, standards, and the International Building Code, as adopted. The Building Official shall not issue a building permit unless the plans, specifications, and intended use of such building or structures or parts thereof conform in all respects to the provisions of this UDO and the International Building Code, as adopted. 2. If the subject property is zoned P-MUD Planned Mixed-Use District or PDD Planned Development District, the City Council may approve a concept plan that provides for general modifications to the site development standards. The general modifications shall be indicated on the approved concept plan. The Administrator shall determine the specific standards that comply with the general modifications of the site development requirements during the building permit review. The applicant or the Administrator may have the City Council determine the specific standards that comply with the approved concept plan. E. Decision by Administrator (WPC Wolf Pen Creek only). 1. Design Review. The Administrator shall apply the standards in the WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. In considering such matters, the Administrator may rely on special area plans or studies adopted by the City Council. 2. Written Decision. The decision of approval or denial shall be communicated in writing to the applicant. F. Waivers (WPC Wolf Pen Creek only). The Design Review Board shall hear and decide requests for waivers from the standards in the WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO as limited to the possible waivers authorized by that Subsection. Sec. 3.12. Certificates of Occupancy. A. Applicability. A certificate of occupancy shall be required for any of the following: 1. Occupancy of a building hereafter erected or enlarged; 2. Change in use of an existing building to a different use category; ORDINANCE NO. 2023-4453 Page 69 of 335 3. Any change in a nonconforming use or structure; or 4. As required by Section 110 of the International Building Code, as adopted. B. Application. Once all required building inspections have been reviewed by the Building Official and no violation of the provisions of the Code is found, the Building Official shall issue a certificate of occupancy for the structure. C. Review and Action by Building Official. Upon the request for a certificate of occupancy, the Building Official shall inspect the use or structure. If the Building Official determines that the use or structure complies with all applicable provisions of the International Building Code, as adopted, and this UDO, a certificate of occupancy shall be issued. D. Temporary Certificate of Occupancy. Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued by the Building Official. The temporary certificate of occupancy shall be valid for a period established by the Building Official, pending completion of additional requirements or during partial occupancy of a structure and as provided in Section 110 of the International Building Code, as adopted. E. Unlawful to Occupy Without Valid Certificate of Occupancy. It is unlawful to occupy any building that does not have a validly issued certificate of occupancy or t emporary certificate of occupancy. Sec. 3.13. Certificates of Completion. A. Applicability. A certificate of completion shall be required for any of the following: 1. Use of a parking lot hereafter constructed or enlarged not in conjunction with a building or structure; 2. Site changes including but not limited to landscaping, parking lots, façade changes in a design district, or a change to an existing site that is not done in conjunction with a building or structure that requires a building permit; or 3. Site improvements associated with a telecommunications tower. B. Application. Once all required building inspections have been reviewed by the Building Official and no violation of the provisions of the International Building Code, as adopted are found, the Building Official shall issue a certificate of completion for the structure. C. Review and Action by Building Official. Upon the request for a certificate of completion, the Building Official shall inspect the structure. If the Building Official determines that the structure complies with all applicable provisions of the International Building Code, as adopted, and this UDO, a certificate of completion shall be issued. D. Temporary Certificate of Completion. Pending the issuance of a certificate of completion, a temporary certificate of completion may be issued by the Building Official. The temporary certificate of completion shall be valid for a period established by the Building Official, pending compliance with approved development plans. E. Unlawful to Utilize Without Valid Certificate of Completion. It is unlawful to utilize any structure that does not have a validly issued certificate of completion or temporary certificate of completion. ORDINANCE NO. 2023-4453 Page 70 of 335 Sec. 3.14. Certificates of Appropriateness. Certificate of Appropriateness Review Process A. Applicability. 1. Prior to any construction, reconstruction, alteration, restoration, or rehabilitation of any structure or any property within an HP Historic Preservation Overlay, or any m aterial change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right -of-way that affects the appearance and cohesiveness of any structure or any property within an HP Historic Preservation Overlay, an applicant must obtain a certificate of appropriateness in accordance with this Section. 2. No building permit shall be issued for proposed work within an HP Historic Preservation Overlay until a certificate of appropriateness has first been issued as required by the UDO. The certificate of appropriateness shall be in addition to and not in place of any building permit that may be required by any other ordinance of the City of College Station. B. Application Requirements. A complete application for a certificate of appropriateness shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. The application shall include, where applicable: 1. Detailed description of proposed work; 2. Proposed building plans (this will not constitute a building plan submittal for review for a building permit); 3. Landscaping plans showing landscaping features and vegetation species, sizes, and locations; 4. Landscape protection plans; 5. Location and photographs of the property and adjacent properties; 6. Elevation drawings of the proposed changes, if available; 7. Samples of materials to be used; 8. Specifications for architectural features and materials; and 9. Any other information that the Landmark Commission or Historic Preservation Officer may deem necessary to visualize the proposed work. C. Certificate of Appropriateness Approval Process. Certificate of appropriateness applications shall be processed in accordance with the following requirements: 1. Pre-Application Conference. ORDINANCE NO. 2023-4453 Page 71 of 335 Prior to the submission of an application for a certificate of appropriateness, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. Review and Report by the Historic Preservation Officer. Upon receipt of an application for a certificate of appropriateness, the Historic Preservation Officer shall determine whether the application is to be reviewed under the Standard Certificate of Appropriateness Review Criteria or the Routine Maintenance Work Review Procedure. If the application is to be reviewed under the Standard Certificate of Appropriateness Review Criteria, the following applies. If the application is to be reviewed under the Routine Maintenance Work Review Procedure, the procedure in the Routine Maintenance Work Review Procedure Subsection below will apply. Under the Standard Certificate of Appropriateness Review Criteria, the Historic Preservation Officer will review the application to determine if the proposed plan is consistent with all applicable provisions of this UDO and the Comprehensive Plan. The Historic Preservation Officer will forward the report on the application to the Landmark Commission with a recommendation for approval, denial or conditional approval. 3. Review by the Landmark Commission. The Landmark Commission shall review the application in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by the publication of the agenda of the meeting. 4. Final Action by the Landmark Commission. If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of the Historic Preservation Overlay Subsection of the Overlay Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO, and the review criteria in the Standard Certificate of Appropriateness Review Criteria Subsection below, the Landmark Commission shall approve the plan. A determination that all requirements and provisions have not been satisfied shall result in disapproval of the plan. D. Standard Certificate of Appropriateness Review Criteria. The Landmark Commission shall approve a certificate of appropriateness if it finds: 1. For Historic Contributing Resources. a. The proposed work is consistent with The Secretary of the Interior’s Standards for Rehabilitation, The Secretary of the Interior’s Guidelines for Rehabilitating Historic Buildings, Preservation Briefs, and all related interpretative documents published by the U.S. Department of Interior; b. The proposed work will not have an adverse effect on the architectural features of the structure; c. The proposed work will not have an adverse effect on the HP Historic Preservation Overlay; and d. The proposed work will not have an adverse effect on the future preservation, maintenance, and use of the structure or the HP Historic Preservation Overlay. 2. For Historic Non-Contributing Resources. The proposed work is compatible with the HP Historic Preservation Overlay. E. Routine Maintenance Work Review Procedure. 1. If upon review of an application for a certificate of appropriateness, the Historic Preservation Officer determines that an applicant is seeking a certificate of appropriateness to authorize only routine ORDINANCE NO. 2023-4453 Page 72 of 335 maintenance work, the Historic Preservation Officer shall review the certificate of appropriateness application to determine whether the proposed work complies with the regulations contained in this Section and approve, approve with conditions, or deny the application. The Historic Preservation Officer may also forward the application to the Landmark Commission for any reason. 2. Routine maintenance work on a property is considered to be: a. The installation of a chimney located on an accessory building, or on the rear fifty (50) percent of a main building and not part of a corner side façade; b. The installation of an awning located on an accessory building, or the rear façade of a primary structure; c. The installation of a wood or chain link fence that is not painted or stained; d. The installation of gutters and downspouts of a color that matches or compliments the dominant trim or roof color; e. The installation of skylights and solar panels; f. The installation of storm windows and doors; and/or g. The restoration of original architectural elements. 3. The applicant may appeal the Historic Preservation Officer's decision by submitting to the Historic Preservation Officer a written request for appeal within ten (10) calendar days of the decision. Upon the written request for appeal, the Landmark Commission will review the application under the Standard Certificate of Appropriateness Review Criteria Subsection above. F. Expiration of Approval. For plans that do not require the issuance of a building permit, work to complete the plans shall commence and be completed within twenty-four (24) months from the date of approval of the application. The Historic Preservation Officer may authorize a single extensi on of a certificate of appropriateness for up to six (6) months upon demonstration of substantial progress and the lack of changed or changing conditions in the area. For plans that require the issuance of a building permit, if a building permit has not be en issued for the proposed work within twenty-four (24) months from the date of approval of the application, the Historic Preservation Officer may authorize a single extension of a certificate of appropriateness up to six (6) months upon demonstration of the lack of changed or changing conditions in the area. A certificate of appropriateness shall be valid as long as there is a valid building permit. G. Appeals. An applicant for a certificate of appropriateness dissatisfied with the action of the Landmark Commission related to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the City Council within ten (10) calendar days after the date of such action. In considering an appeal, the City Council shall consider the same standards and evidence that the Landmark Commission was required to consider in making the decision. H. Limitation on Reapplication. If a final decision is reached denying a certificate of appropriateness, no further applications may be considered for the subject matter of the denied certificate of appropriateness for one (1) year from the date of the final decision unless the Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient warrant a new hearing. I. Revocation. The Historic Preservation Officer may, in writing, revoke a certificate of appropriateness if: ORDINANCE NO. 2023-4453 Page 73 of 335 1. The certificate of appropriateness was issued based on incorrect information supplied by the applicant, or 2. The work is not performed in accordance with the certificate of appropriateness. J. Amendment to a Certificate of Appropriateness. A certificate of appropriateness may be amended by submitting a new certificate of appropriateness application to the Historic Preservation Officer. The application shall then be subject to either the Standard Certificate of Appropriateness Review Criteria or the Routine Maintenance Work Review Procedure. K. Ordinary Maintenance. Other than the routine maintenance work listed in the Routine Maintenance Work Review Procedure Subsection above, a certificate of appropriateness shall not be required for the ordinary maintenance and repair of any exterior architectural feature of a property within an HP Historic Preservation Overlay which does not involve a change in design, material, or outward appearance such as: 1. The replacement of a roof of the same or an original material that does not include a change in color; 2. The application of paint that is the same as the existing; 3. Minor repair using the same material and design as the original; 4. The repair of sidewalks and driveways using the same type and color of materials; 5. The process of cleaning (including but not limited to low-pressure water blasting and stripping, but excluding sandblasting and high-pressure water blasting); and 6. The painting, replacing, duplicating, or stabilizing deteriorated or damaged non-original architectural features (including but not limited to roofing, windows, columns, and siding) to maintain the str ucture and slow deterioration. L. Temporary Emergency Repairs. If the Building Official determines that a building or structure in an HP Historic Preservation Overlay poses an immediate threat to persons or property, the Building Official may take any acti on authorized under the City of College Station Code of Ordinances to make the building or structure safe without the requirement of a certificate of appropriateness. The Building Official shall send a written report of such actions to the Landmark Commission. ORDINANCE NO. 2023-4453 Page 74 of 335 Sec. 3.15. Certificates of Demolition. Certificate of Demolition Review Process A. Applicability. 1. Prior to any demolition or removal of any structure or portion thereof on any property within an HP Historic Preservation Overlay, an applicant must obtain a certificate of demolition in accordance with this Section. 2. No building permit shall be issued for proposed work within an HP Historic Preservation Overlay until a certificate of demolition required by the UDO has first been issued by the Landmark Commission. The certificate of demolition shall be in addition to, and not in place of, any building pe rmit that may be required by any other ordinance of the City of College Station. 3. No permit for the demolition of a structure or property within an HP Historic Preservation Overlay, including secondary buildings and landscape features, shall be granted by the Building Official without the review of a completed application for and approval of a certificate of demolition by the Landmark Commission. B. Application Requirements. A property owner seeking demolition or removal of a structure, including secondar y buildings and landscape features, on a property in an HP Historic Preservation Overlay shall submit a complete application for a certificate of demolition to the Administrator as set forth in the General Approval Procedures Section above. The application shall include: 1. An affidavit in which the owner swears or affirms that all information submitted in the application is true and correct. 2. An indication that the demolition or removal is sought for one (1) or more of the following reasons: a. To replace the structure with a new structure that is more appropriate and compatible with the HP Historic Preservation Overlay; b. No economically viable use of the property exists; c. The structure poses an imminent threat to public health or safety; or ORDINANCE NO. 2023-4453 Page 75 of 335 d. The structure is noncontributing to the HP Historic Preservation Overlay because it is newer than the period of historic significance. 3. An application "to replace the structure with a new structure that is more appropriate and compatible with the HP Historic Preservation Overlay" shall also include: a. Records depicting the original construction of the structure, including drawings, pictures, or written descriptions where available; b. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; c. Any conditions proposed to be placed voluntarily on the new structure that would mitigate the loss of the structure; d. Complete architectural drawings of the new structure; and e. A guarantee agreement between the owner and the City that demonstrates the owner’s intent and financial ability to construct the new structure. The guarantee must: 1) Contain a statement of intent to construct the proposed structure by a specific date in accordance with architectural drawings approved by the City through the certificate of appropriateness process; 2) Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or another arrangement acceptable to the Administrator to ensure the construction of the new structure; and 3) Be approved as to form by the City Attorney. 4. An application that “no economically viable use of the property exists” shall also include: a. The past and current uses of the structure and property; b. The name of the owner. If the owner is a legal entity, the type of entity and state in which it is registered; c. The date and price of purchase or other acquisition of the structure and property, the party from whom it was acquired, and the owner’s current basis in the property; d. The relationship, if any, between the owner and the party from whom the structure and property were acquired. If one (1) or both parties to the transaction were legal entities, any relationships between the officers and the board of directors of the entities must be specified; e. The assessed value of the structure and property according to the two (2) most recent tax assessments; f. The amount of real estate taxes on the structure and property for the previous two (2) years; g. The current fair market value of the structure and property as determined by an independent licensed appraiser; h. All appraisals obtained by the owner and prospective purchasers within the previous two (2) years in connection with the potential or actual purchase, financing, or ownership of the structure and property; i. All listings of the structure and property for sale or rent within the previous two (2) years, prices asked, and offers received; j. A profit and loss statement for the property and structure containing the annual gross income for the previous two (2) years; itemized expenses (including operating and maintenance costs) for the previous two (2) years, including proof that adequate and competent management procedures were followed; the annual cash flow for the previous two (2) years; and proof that ORDINANCE NO. 2023-4453 Page 76 of 335 the owner has made reasonable efforts to obtain a reasonable rate of return on the owner’s investment and labor; k. A mortgage history of the property during the previous five (5) years, including the principal balances and interest rates on the mortgages and the annual debt services on the structure and property; l. All capital expenditures during the current ownership; m. Records depicting the current conditions of the structure and property, including drawings, pictures, or written descriptions; n. A study of the restoration of the structure or property, performed by a licensed architect, engineer, or financial analyst, analyzing the physical feasibility (including archit ectural and engineering analyses) and financial feasibility (including pro forma profit and loss statements for ten years, taking into consideration redevelopment options and all incentives available) of adaptive use of restoration of the structure and property; o. Any consideration is given by the owner to profitable adaptive uses for the structure and property; p. Construction plans for any proposed development or adaptive reuse, including site plans, floor plans, and elevations; q. Any conditions proposed to be placed voluntarily on new development that would mitigate the loss of the structure; and r. Any other evidence that shows that the affirmative obligation to maintain the structure or property makes it impossible to realize a reasonable rate of return. 5. An application to demolish or remove a structure that “poses an imminent threat to public health or safety” shall also include: a. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions; b. A study regarding the nature, imminence, and severity of the threat, as performed by a licensed architect or engineer; and c. A study regarding both the cost of restoration of the structure and the feasibility (including architectural and engineering analyses) of restoration of the structure, as performed by a licensed architect or engineer. 6. An application to demolish or remove a structure that is "noncontributing to the HP Historic Preservation Overlay because the structure is newer than the period of historic significance" shall also provide: a. Documentation that the structure is noncontributing to the HP Historic Preservation Overlay; b. Documentation of the age of the structure; and c. A statement of the purpose of the demolition. 7. Any other evidence the property owner wishes to submit in support of the application. 8. Any other evidence requested by the Landmark Commission or the Historic Preservation Officer. C. Approval Process. Certificate of demolition applications shall be processed in accordance with the following requirements: 1. Pre-Application Conference. ORDINANCE NO. 2023-4453 Page 77 of 335 Prior to the submission of an application for a certificate of demolition, applicants are encouraged to schedule and attend an optional pre-application conference in accordance with the Pre-Application Conference Subsection of the General Approval Procedures Section above. 2. Application. When a complete application for a certificate of demolition has been submitted to the City, the application will begin a mandatory sixty (60) day stay of demolition. The certificate of demolition approval process will continue concurrently with the stay of demolition, but the Landmark Commission shall not take final action before the stay demolition has expired. 3. Review and Report by the Historic Preservation Officer. If the application is determined to be consistent with all applicable provisions of this UDO and the Comprehensive Plan, or if the application is recommended for denial or conditional approval, the Historic Preservation Officer shall report such consistency, inconsistency, or proposed conditions to the Landmark Commission. 4. Review by an Economic Review Panel. For an application that "no economically viable use of the property exists", within thirty-five (35) days after the appointment of the Economic Review Panel as provided in the Landmark Commission Section of Article 2, Development Review Bodies of this UDO, the Panel shall review the submitted documentation, hold a public hearing, consider all options for renovation, adaptive reuse, and redevelopment, and forward a written recommendation to the Landmark Commission. The Historic Preservation Officer shall provide administrative support to the Economic Review Panel. The Economic Review Panel's recommendation shall be based on the same standard for approval to be used by the Landmark Commission. An application that “no economically viable use of the property exists” will not be considered complete until the Economic Review Panel has made its recommendation to the Landmark Commission. If the Economic Review Panel is unable to reach a consensus, the report will indicate the majority and minority recommendations. If the Economic Review Panel does not meet within thirty-five (35) days after the appointment, a recommendation of “no economically viable use of the property” will be forwarded to the Landmark Commission. 5. Review by the Landmark Commission. The Landmark Commission shall review the application for a certificate of demolition in a public meeting and may approve, approve with conditions, or deny the application. If the Landmark Commission requires additional information than that presented at a meeting, a decision may be postponed until a specified date when the specified information may be provided. Notice shall be provided by the publication of the agenda of the meeting. 6. Final Action by the Landmark Commission. If the application is determined to be consistent with all applicable provisions of this UDO, including the applicable district provisions of the Historic Preservation Over lay Subsection of the Overlay Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO, and the review criteria in the Criteria for Approval of a Certificate of Demolition Subsection below, the Landmark Commission shall approve the plan. A determination that all such requirements and provisions have not been satisfied shall result in disapproval of the plan. The property owner has the burden of proof to establish by clear and convincing evidence the necessary facts to warrant favorable action by the Landmark Commission. D. Approval Criteria. In considering an application for a certificate of demolition, the Landmark Commission shall deny the application unless it makes the following findings: ORDINANCE NO. 2023-4453 Page 78 of 335 1. The Landmark Commission shall deny an application for a certificate of demolition to replace a structure with a new structure unless it finds that: a. The new structure is more appropriate and compatible with the HP Historic Preservation Overlay than the structure to be demolished or removed; and b. The owner has the financial ability and intent to build the new structure. The Landmark Commission must first approve the certificate of appropriateness for the proposed new structure and the guarantee agreement to construct the new structure before it may consider the application for a certificate of demolition. 2. The Landmark Commission shall deny an application for a certificate of demolition to remove a structure because of “no economically viable use of the property” unless it finds that: a. The structure is incapable of earning a reasonable economic return unless the demolition or removal is allowed (a reasonable economic return does not have to be the most profitable return possible); b. The structure cannot be adapted for any other use, whether by the owner or by a purchaser, which would result in a reasonable economic return; and c. The owner has failed during the last two (2) years to find a developer, financier, purchaser, or tenant that would enable the owner to realize a reasonable economic return, despite having made substantial ongoing efforts to do so. 3. The Landmark Commission shall deny an application for a certificate of demolition to remove a structure that poses an imminent threat to public health or safety unless it finds that: a. The structure constitutes a documented major and imminent threat to public health and safety; b. The demolition or removal is required to alleviate the threat to public health and safety; and c. There is no reasonable way, other than demolition or removal, to eliminate the threat in a timely manner. 4. The Landmark Commission shall deny an application for a certificate of demolition to remove a structure that is noncontributing to the HP Historic Preservation Overlay because it is newe r than the period of historic significance unless it finds that: a. The structure is noncontributing to the HP Historic Preservation Overlay; b. The structure is newer than the period of historic significance for the HP Historic Preservation Overlay; and c. Demolition of the structure will not adversely affect the historic character of the property or the integrity of the HP Historic Preservation Overlay. E. Appeals. 1. Any interested person may appeal the decision of the Landmark Commission to the City Council by filing a written notice with the Administrator within ten (10) calendar days after the decision of the Landmark Commission. If no appeal is made of a decision to approve a certificate of demolition within ten (10) days, the Building Official shall issue the permit to allow demolition or removal. If an appeal is filed, the City Council shall hear and decide the appeal within sixty-five (65) days of its filing. 2. In considering an appeal, the City Council shall consider the same standards and evidenc e that the Landmark Commission was required to consider in making the decision. F. Limitation on Reapplication. If a final decision is reached denying a certificate of demolition, no further applications may be considered for the subject matter of the denied certificate of demolition for one (1) year from the date of the final ORDINANCE NO. 2023-4453 Page 79 of 335 decision unless the Landmark Commission waives the time limitation because the Landmark Commission finds that there are changed circumstances sufficient to warrant a new hearing. G. Expiration of Approval. A certificate of demolition expires if the work authorized by the certificate of demolition is not commenced within one hundred eighty (180) days from the date of final approval. A final, one-time extension for the commencement of work of ninety (90) days may be granted by the Administrator upon written request by the applicant showing circumstances beyond the control of the applicant. If the certificate of demolition expires, a new certificate of demolition must first be obtained before the work can commence. H. Demolition by Neglect. 1. Prohibition. No owner or person with an interest in real property included within an HP Historic Preservation Overlay shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature or structural compromise which would, in the judgment of the Landmark Commission, produce a detrimental effect upon the character of the HP Historic Preservation Overlay as a whole or the life and character of the property itself. Examples of such deterioration include but are not limited to: a. Deterioration of the foundation; b. Deterioration of floor supports, or the addition of floor supports that are insufficient to carry the loads imposed; c. Deterioration of walls, windows, doors, or other vertical supports, or the addition of such supports that are of insufficient size or strength to carry the loads imposed; d. Deterioration of roof or other horizontal members; e. Deterioration of exterior chimneys; f. Deterioration or crumbling of exterior stucco or mortar; g. Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; h. Defective weather protection or lack of weather protection for exterior wall coverings, including lack of paint or another protective coating; i. Any fault, defect, or condition in the structure that renders it structurally unsafe or not properly watertight; and j. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for public safety. 2. Procedure. a. Purpose. The purpose of the demolition by neglect procedure is to allow the Landmark Commission to work with the property owner to encourage maintenance and stabilization of the structure and identify resources available before any enforcement action is taken. b. Request for Investigation. Any interested party may request that the Historic Preservation Officer investigate whether a property is being demolished by neglect. c. First Meeting With the Property Owner. ORDINANCE NO. 2023-4453 Page 80 of 335 Upon receipt of a request, the Historic Preservation Officer and Building Official shall meet with the property owner or the property owner’s agent with control of the structure to inspect the structure and discuss the resources available for financing any necessary repairs. After the meeting, the Historic Preservation Officer shall prepare a report for the Landmark Commission on the condition of the structure, the repairs needed to maintain and stabilize the structure, any resources available for financing the repairs, and the amount of time needed to complete the repairs. d. Certification and Notice. After review of the report in a public meeting, the Landmark Commission may vote to cer tify the property as a demolition by neglect case. If the Landmark Commission certifies the structure as a demolition by neglect case, the Landmark Commission shall notify the property owner or the property owner’s agent with control over the structure of the repairs that must be made. The notice must require that repairs be started within thirty (30) days and set a deadline for completion of the repairs. The notice shall be sent by certified mail. e. Second Meeting With the Property Owner. The Historic Preservation Officer and the Building Official shall meet with the property owner or the property owner's agent with control over the structure within sixty (60) days after the notice was sent to inspect any repairs. f. Referral for Enforcement. If the property owner or the property owner’s agent with control over the structure fails to start repairs by the deadline set in the notice, fails to make continuous progress toward completion, or fails to complete repairs by the deadline set in the notice, the Landmark Commission may refer the demolition by neglect case to the Code Enforcement Division for appropriate enforcement action to prevent demolition by neglect. I. Demolition by Condemnation. Reasonable attempts to engage a property owner in a demolition by neglect procedure shall be made when there is a concern for the deterioration of a structure, but when a structure or equipment is found by the Building Official to be a dangerous structure, the provisions of the City of College Station Code of Ordinances regulating dangerous structures will apply. J. Historic Preservation Fund. 1. The City, in cooperation with community organizations, shall develop appropriate funding structures and shall administer the historic preservation fund. 2. The historic preservation fund is composed of the following funds: a. Outside funding (other than City general funds or capital funds), such as grants and donations, made to the City for the purpose of historic preservation and funding partnerships with community organizations. b. Damages recovered pursuant to Chapter 315 of the Texas Local Government Code, as amended, from persons who illegally demolish or adversely affect historic structures. 3. The outside funding may be used for financing the following activities: a. Necessary repairs in demolition by neglect cases; b. Full or partial restoration of low-income residential and nonresidential structures; c. Full or partial restoration of publicly owned historic structures; d. Acquisition of historic structures, places, or areas through gift or purchase; ORDINANCE NO. 2023-4453 Page 81 of 335 e. Public education of the benefits of historic preservation or the regulations governing HP Historic Preservation Overlays; and f. Identification and cataloging of structures, places, areas, and districts of historical, cultural, or architectural value along with factual verification of their significance. 4. Damages recovered pursuant to Chapter 315 of the Texas Local Government Code, as amended, must be used only for the following purposes: a. Construction, using as many of the original materials as possible, of a structure that is a reasonable facsimile of a demolished historic structure; b. Restoration, using as many of the original materials as possible, of the historic structure; and c. Restoration of another historic structure. Sec. 3.16. Variances. Variance Review Process A. Purpose. The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this UDO. The Zoning Board of Adjustment shall be authorized to grant a variance from the terms hereof if, and only if, they find that the strict enforcement of this UDO would create a substantial hardship to the applicant by virtue of unique special conditions not generally found within the city and that the granting of the variance would preserve the spirit and intent of the UDO and would serve the general interests of the public and the applicant. Variances may be granted only when in harmony with the general purpose and intent of this UDO so that public health, safety, and welfare may be secured, and substantial justice done. B. Applicability. The Zoning Board of Adjustment shall have the authority to grant variances from the standards in this UDO except for waivers of the standards in Article 8, Subdivision Design and Improvements of this UDO, which may be made by the Planning and Zoning Commission during the subdivision process, and requests for relief from a site plan requirement imposed by the Administrator when the requirement was necessary to gain compliance with the criteria for approval of a site plan in the Site Plans Section above, which may be made by the Design Review Board. Any variance request for up to ten (10) percent may be treated as an administrative adjustment subject to the requirements of the Administrative Adjustments Section below. C. Application. A complete application for a variance shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. D. Action by the Zoning Board of Adjustment. ORDINANCE NO. 2023-4453 Page 82 of 335 1. Public Hearing. Following notice in accordance with the General Approval Procedures Section above, the Zoning Board of Adjustment shall hold a public hearing. 2. Variance Review. Upon completion of the public hearing and after review of the variance application subject to the criteria listed in the Criteria for Approval of Variance Subsection below, the Zoning Board of Adjustment shall make a written finding and give its approval, approval with limitations, or disapproval of the variance. E. Criteria for Approval of Variance. 1. Required Findings. The Zoning Board of Adjustment may authorize a variance from the requirements of this UDO when an unnecessary hardship would result from the strict enforcement of this UDO. In granting a variance, the Zoning Board of Adjustment shall prescribe only limitations that it deems not prejudicial to the public interest. In making the required findings, the Zoning Board of Adjustment shall consider the nature of the proposed use of the land involved, the existing use of land in the vicinity, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board makes affirmative findings in regard to all of the following criteria: a. Special Conditions. That there are special conditions affecting the land involved such that strict application of the provisions of this UDO will deprive the applicant of the reasonable use of their land. For example, the variance is justified because of topographic or other special conditions unique to the property and development involved, in contradistinction to the mere inconvenience or financial disadvantage. b. Other Property. That these conditions do not generally apply to other property in the vicinity. c. Enjoyment of a Substantial Property Right. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. d. Hardships. That the hardship is not the result of the applicant's actions. The Zoning Board of Adjustment may consider the following as grounds to determine whether compliance with this ordinance as applied to a structure that is the subject of the variance would result in unnecessary hardship: 1) The financial cost of compliance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the city under Chapter 26 of the Texas Tax Code; 2) Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur; 3) Compliance would result in the structure not being in compliance with a requirement of a City of College Station ordinance, building code, or other requirement; 4) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or ORDINANCE NO. 2023-4453 Page 83 of 335 5) The City considers the structure to be a nonconforming structure. e. Subdivision. That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. f. Flood Hazard Protection. That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements of this UDO. g. Comprehensive Plan. That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. h. Utilization. That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. i. Substantial Detriment. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area or the City administering this UDO. 2. Limitations. The Zoning Board of Adjustment may not grant a variance where the effect would be any of the following: a. To allow the establishment of a use not otherwise permitted in the applicable zoning district; b. To increase the density of a use above that permitted by the applicable district; c. To extend physically a nonconforming use; or d. To change the zoning district boundaries shown on the Official Zoning Map. 3. Profitability Not to Be Considered. The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance. ORDINANCE NO. 2023-4453 Page 84 of 335 Sec. 3.17. Administrative Adjustments. Administrative Adjustment Review Process A. Purpose. Administrative adjustments are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. Compatible with surrounding land uses; 2. Harmonious with the public interest; and 3. Consistent with the purposes of this UDO. B. Applicability. The Administrator shall have the authority to authorize adjustments of up to ten (10) percent from any dimensional standard or numerical requirement set forth in this UDO. Any adjustment requests greater than ten (10) percent shall be treated as a variance handled by the Zoning Board of Adjustment subject to the requirements of the Variances Section above. C. Application. A complete application for an administrative adjustment shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. D. Review and Action by Administrator. The Administrator shall review the application and approve, approve with conditions, or deny the application based upon the criteria in the Administrative Adjustment Criteria Subsection below. A written decision including affirmative findings on the criteria set forth below shall be sent to the applicant. E. Administrative Adjustment Criteria. 1. To approve an application for an administrative adjustment, the Administrator shall make an affirmative finding that the following criteria are met: a. That granting the adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards; b. That granting the adjustment will not materially or adversely affect adjacent land uses or the physical character of uses in the vicinity of the proposed development; and ORDINANCE NO. 2023-4453 Page 85 of 335 c. That granting the adjustment will be generally consistent with the purposes and intent of this UDO. 2. In the event the Administrator finds that the applicant has not met the criteria, the applicant may request that the application be forwarded to the Zoning Board of Adjustment as a variance request subject to the requirements of the Variances Section above. Sec. 3.18. Written Interpretations. Written Interpretation Process A. Applicability. The Administrator shall have the authority to make all written interpretations concerning the provisions of this UDO. B. Request for Interpretation. A request for interpretation shall be submitted to the Administrator in a form established by the Administrator and made available to the public. C. Interpretation by Administrator. 1. The Administrator shall: a. Review and evaluate the request in light of the text of this UDO, the Official Zoning Map, the Comprehensive Plan, and any other relevant information; b. Consult with other staff, as necessary; and c. Render an opinion. 2. The interpretation shall be provided to the applicant in writing. D. Official Record. The Administrator shall maintain an official record of interpretations. The record of in terpretations shall be available for public inspection during normal business hours. E. Appeal. Appeals of written interpretations made by the Administrator shall be filed only by a party affected by the written interpretation with the Zoning Board of Adjustment, or for appeals of written interpretations of Article 8, Subdivision Design and Improvements of this UDO, the Planning and Zoning Commission, within twenty (20) days of the decision in accordance with the procedures found in the Administrative Appea ls Section below. If no appeal is filed within twenty (20) days, the written interpretation shall be final. ORDINANCE NO. 2023-4453 Page 86 of 335 Sec. 3.19. Administrative Appeals. Administrative Appeal Review Process A. Applicability. 1. Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by, or any officer or department affected by, specific points found in any of the following final decisions of the Administrator: a. Written interpretations of the text of this UDO; or b. Denial of a building permit or site plan based on interpretation of Article 7, General Development Standards of this UDO. 2. Appeals to the Planning and Zoning Commission may be taken by any person aggrieved by or any officer or department affected by specific points found in the Administrator's written interpretations of the text of Article 8, Subdivision Design and Improvements. B. Effect of Appeal. An appeal to the Zoning Board of Adjustment stays all legal proceedings in furtherance of the appealed action unless the Administrator from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal shall have been filed, that because of the facts stated in the certificate a stay would, in the Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notices to the officer from whom the appeal is taken, and on due cause shown. C. Deadline for Submission of Application. An appeal from any final decision of the Administrator shall be filed with the Administrator within twenty (20) days after the date the decision is made. If no appeal is filed within twenty (20) days, the decision shall be final. D. Application. A complete application for an administrative appeal shall be submitted to the Administrator as set forth in the General Approval Procedures Section above. ORDINANCE NO. 2023-4453 Page 87 of 335 E. Record of Administrative Decision. The Administrator shall forthwith transmit to the Zoning Board of Adjustment or the Planning and Zoning Commission, as appropriate, all the papers constituting the record of the action appealed. F. Hearing. The Zoning Board of Adjustment or Planning and Zoning Commission, as appropriate, shall set a reaso nable time for the appeal hearing and give public notice as set forth in the General Approval Procedures Section above, as well as due notice to the parties in interest. The Board or Commission shall decide the appeal at their next meeting for which notice can be provided following the hearing and not later than the sixtieth (60th) day after the date the appeal is filed. G. Final Action by Zoning Board of Adjustment or Planning and Zoning Commission. The Zoning Board of Adjustment or Planning and Zoning Com mission, as appropriate, may only consider the specific interpretive language of the Administrator and may reverse or affirm wholly or partly, or may modify the interpretation appealed from. In any case, the Board or Commission shall only present findings regarding specific errors made in the Administrator's interpretation. Sec. 3.20. Unified Development Ordinance Text Amendments. Unified Development Ordinance Text Amendment Process A. Purpose. For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the city, the text of this UDO may be altered from time to time. B. Initiation of Amendments. An amendment to the text of this UDO may be initiated by: 1. The City Council; 2. The Planning and Zoning Commission; or 3. The Administrator. C. Approval Process. 1. Review and Report by Administrator. ORDINANCE NO. 2023-4453 Page 88 of 335 The Administrator shall review the proposed text amendment in light of the Comprehensive Plan and give a report to the Planning and Zoning Commission. 2. Referral to Planning and Zoning Commission. The Administrator shall refer the same to the Planning and Zoning Commission for study, hearing, and report. The Planning and Zoning Commission may direct staff to proceed with drafting the amendment and scheduling the necessary public hearings, forward the proposed text amendment to City Council for direction, or determine not to pursue the proposed amendment. The City Council may not enact the proposed text amendment until the Planning and Zoning Commission makes its report to the City Council. 3. Recommendation by Planning and Zoning Commission. a. Notice. The Administrator shall publish and post public notice in accordance with the General Approval Procedures Section above, and shall recommend to the City Council such action as the Planning and Zoning Commission deems proper. b. Public Hearing. A public hearing shall be held by the Planning and Zoning Commission before making a recommendation to the City Council. 4. City Council Action. a. Notice. The Administrator shall publish and post notices in accordance with the General Approval Procedures Section above, before taking final action on the amendment. b. Public Hearing. The City Council shall hold a public hearing and approve, approve with modifications or conditions, or disapprove the text amendment. Article 4. Zoning Districts Sec. 4.1. Establishment of Districts. For the purpose of this UDO, portions of the city, as specified on the Official Zoning Map, are hereby divided into the zoning districts enumerated below. The intensity regulations applicable for such districts are designated in the respective Sections of Article 5, District Purpose Statements and Supplemental Standards, and the use regulations are designated in Article 6, Use Regulations of this UDO. Table of Districts Residential Zoning Districts R Rural WE Wellborn Estate E Estate WRS Wellborn Restricted Suburban RS Restricted Suburban GS General Suburban T Townhouse ORDINANCE NO. 2023-4453 Page 89 of 335 D Duplex MH Middle Housing MF Multi-Family MU Mixed-Use MHP Manufactured Home Park Non-Residential Zoning Districts 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 NAP Natural Areas Protected Retired Districts R-1B Single-Family Residential R-4 Multi-Family R-6 High Density Multi-Family C-3 Light Commercial M-1 Light Industrial M-2 Heavy Industrial R&D Research & Development NPO Neighborhood Prevailing Overlay Planned Districts P-MUD Planned Mixed-Use District PDD Planned Development District Design Districts WPC Wolf Pen Creek NG-1 Core Northgate NG-2 Transitional Northgate NG-3 Residential Northgate Overlay Districts OV Corridor Overlay RDD Redevelopment District HP Historic Preservation Overlay Single-Family Overlay Districts ROO Restricted Occupancy Overlay NCO Neighborhood Conservation Overlay Sec. 4.2. Official Zoning Map. A. The city is hereby divided into the zoning districts listed in the Establishment of Districts Section above, as shown on the Official Zoning Map, together with all explanatory matter thereon, and adopted by reference and declared to be a part of this UDO. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the City of College Station under the following words: "This is to certify that this is the Official Zoning Map referred to in the Offici al Zoning Map Section of Article 4, Zoning Districts of the Unified Development Ordinance (UDO) of the City of College Station, Texas." ORDINANCE NO. 2023-4453 Page 90 of 335 B. If, in accordance with the provisions of this UDO and Chapter 211 of the Texas Local Government Code, as amended, changes are made in the district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council and signed by the Mayor. C. Approved zoning changes shall be entered on the Official Zoning Map by the Administrator and each change shall be identified on the Map with the date and number of the Ordinance making the change. D. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with procedures set forth in this UDO. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this UDO and punishable as provided under the Penalties for Violation Section of Article 10, Enforcement of this UDO. E. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Planning and Development Services Department, shall be the final authority as to the current zoning of land and water areas in the city. The Official Zoning Map shall be available to the public at all hours when the City Hall is open to the public. F. An electronic version of the Official Zoning Map, kept as a map layer in the City's geographic information system (GIS) in the Planning and Development Services Department, may be used and maintained as the Official Zoning Map. G. A zoning atlas, or zoning book, may be prepared and maintained as necessary for the use of City employees and has no official status. Sec. 4.3. Replacement of Official Zoning Map. A. This UDO hereby incorporates the Official Zoning Map. B. Unless the prior Official Zoning Map has been lost or has been destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records of its adoption or amendment . Sec. 4.4. Rules for Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. C. Boundaries indicated as approximately following city limits shall be construed as following such city limits. D. Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. E. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of a change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines. F. Boundaries indicated above as parallel to or extensions of features shall be so construed. The scale of the map shall determine distances not specifically indicated in a classification amendment. G. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Zoning Board of Adjustment shall interpret the district boundaries as provided in the Zoning Board of Adjustment Section of Article 2, Development Review Bodies of this UDO. ORDINANCE NO. 2023-4453 Page 91 of 335 Sec. 4.5. Application of District Regulations. A. Uniformity. The regulations as set forth by this UDO within each zoning district shall be applied uniformly for each class or kind of building; however, the regulations vary from district to district in accordance with the respective purposes and character of each district and the suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the municipality. B. Newly Annexed Territory. The administration of this UDO to newly annexed territory shall consider the following provisions: 1. Any territory hereafter annexed to the City of College Station, not otherwise classified at the time of annexation, shall be classified by applying the R Rural zoning district. 2. Upon annexation, no person shall initiate any development or construction activity, including site preparation, foundation forming, sign erection, construction, improvement, repair, or demolition within a newly annexed area without first applying for and obtaining the appropriate permits or other approvals required by this UDO. 3. No person relying on a claim of vested rights shall continue any development activity within a newly annexed area without first applying for and obtaining a building permit; however, persons are not precluded from the following activities: a. Continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or b. Beginning to use land in the area in the manner that was planned for the land before the ninetieth (90th) day before the effective date of the annexation if: 1) One (1) or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity where required by law for the planned land use; and 2) An application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. For purposes of this Section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. 4. In accordance with Chapter 43 of the Texas Local Government Code, as amended, the City may apply the following regulations within all newly annexed territories: a. A regulation relating to the location of sexually oriented businesses; b. A regulation relating to preventing imminent destruction of property or injury to persons; c. A regulation relating to public nuisances; d. A regulation relating to flood control; e. A regulation relating to the storage and use of hazardous substances; f. A regulation relating to the sale and use of fireworks; or g. A regulation relating to the discharge of firearms in accordance with Chapter 229 of the Texas Local Government Code, as amended. 5. Any person with an interest in property within a newly annexed area may apply to the Administrator for a determination of the vested rights such person has, if any, to continue development activities initiated prior to annexation. Such determinations shall be based upon all pertinent facts and the relevant decisions of federal and state courts. The applicant may submit any written evidence to the ORDINANCE NO. 2023-4453 Page 92 of 335 Administrator for consideration. The Administrator's written determination shall be final unless duly appealed to the Zoning Board of Adjustment. Article 5. District Purpose Statements and Supplemental Standards Sec. 5.1. Residential Zoning Districts. Occupancy of any dwelling unit in the following districts shall be limited to one (1) family as defined by Article 11, Definitions of this UDO unless otherwise authorized by this UDO. A. R Rural. This district includes lands that, due to public service limitations, inadequate public infrastructure, or a prevailing rural or agricultural character, are planned for very limited development activities. This district is designed to provide land for a mix of large acreages and large residential developments. Open space is a dominant feature of these areas. This district may also serve as a reserved area in which the future growth of the city can occur. B. WE Wellborn Estate. This district includes land that, due to public service limitations or a prevailing rural character, should have limited development activities. These areas tend to consist of low-density single-family residential lots of two (2) acres or more but may be one (1) acre if clustered around undeveloped open space. This zoning district is only permitted in areas designated as Wellborn Estate or Wellborn Estate-Open on the Comprehensive Plan Future Land Use & Character Map. The cluster development option may be used only in the area designated Wellborn Estate-Open on the Comprehensive Plan Future Land Use & Character Map. C. E Estate. This district is designed to provide land for low-density single-family lots. These areas shall consist of residential lots averaging twenty thousand (20,000) square feet when clustered around open space or large lots with a minimum of one (1) acre. Subdivisions within this district may contain rural infrastructure. D. WRS Wellborn Restricted Suburban. This district is designed to provide land for detached medium -density, single-family residential development. These areas shall consist of residential lots of at least eight thousand (8,000) square feet when clustered around open space or larger lots with a minimum of twenty thousand (20,000) square feet. This zoning district is only permitted in areas designated as Wellborn Restricted Suburban on the Comprehensive Plan Future Land Use & Character Map. E. RS Restricted Suburban. This district is designed to provide land for detached medium -density, single-family residential development. These areas shall consist of residential lots averaging eight thousand (8,000) square feet when clustered around open space or larger lots with a minimum of ten thousand (10,000) square feet. F. GS General Suburban. This district includes lands planned for single-family residential purposes and accessory uses. This district is designed to accommodate sufficient, suitable residential neighborhoods, protected and/or buffered from incompatible uses, and provided with necessary and adequate facilities and services. G. T Townhouse. This district contains land, which is to be used for a unique type of dwelling, typically designed for individual ownership, or ownership in-groups of single-family attached residences constructed on individually platted lots. ORDINANCE NO. 2023-4453 Page 93 of 335 The following supplemental standard shall apply to this district: Single-family dwelling units shall conform to GS General Suburban standards. H. D Duplex. This district contains land that has been planned for duplex residential purposes and associated uses. Characterized by moderate density, it may be utilized as a transitional zone. The following supplemental standards shall apply to this district: 1. Single-family dwelling units shall conform to GS General Suburban standards. 2. Where parking is provided in the front yard of a duplex, an eight (8) foot setback shall be required between the property line and the nearest side of the parking pad. This eight (8) foot setback area must contain a three (3) foot screen consisting of a continuous berm, hedge, or wall. In addition, an eight (8) foot setback shall be required between the dwelling unit and the nearest side of the parking pad. I. MH Middle Housing. This district is designed to be flexible and provide a variety of housing options by -right. It allows for detached single-family residences, duplexes, townhouses, courtyard houses, live-work units, and small and medium multiplexes. This district is intended to accommodate a walkable pattern of small lots, small blocks, and a well-connected street pattern adjacent to commercial and neighborhood centers. Developments in this district are ideal on the edge of more intense urban and multi -family areas to serve as a transition to single- family zoning districts. Structures in this district are individually platted, distinguishing them from structures in the MF Multi-Family zoning district. J. MF Multi-Family. This district is designed for areas having intense development. This district is flexible and allows for townhomes, single-unit dwellings, two-unit dwellings, multi-family buildings, and optional mixed-use development. The following supplemental standards shall apply to this district: 1. Non-residential uses are permitted up to a maximum of fifty (50) percent of the total floor area if incorporated into the residential structure. 2. Townhouse dwelling units shall conform to T Townhouse standards. K. MU Mixed-Use. This district is designed for areas having the most intense level of development. This district consists of residential, commercial, and office uses in mixed-use structures. The following supplemental standards shall apply to this district: 1. Non-residential uses with a minimum depth of thirty (30) feet are required on the ground floor if adjacent to Texas Avenue, Harvey Road, University Drive, or Earl Rudder Freeway. 2. A minimum of thirty (30) percent of the total floor area of each development shall be devoted to residential uses. Hotels may be considered a residential use to meet this requirement. 3 The floor area ratio in this district shall be a minimum of 1:1. Structured parking, publ ic plazas, outdoor dining areas, and covered areas attached to the structure may be included in the floor area ratio calculation. Surface parking, even if covered, will not count toward the required floor area ratio. 4. The ground floor of structures shall be a minimum of twenty-five (25) percent of the lot area. L. MHP Manufactured Home Park. ORDINANCE NO. 2023-4453 Page 94 of 335 This district contains land that is located, designed, and operated as a site for residential uses consisting of manufactured homes in accordance with the permitted uses. The following supplemental standards shall apply to this district: 1. The construction, reconstruction, alteration, or enlargement of a manufactured home park must be pursuant to an approved site plan. 2. Minimum manufactured home park area is two (2) contiguous acres. 3. Maximum gross density shall be ten (10) dwelling units per acre. 4. Minimum setback for a manufactured home from a public street shall be fifteen (15) feet. 5. Minimum setback for a manufactured home from a lot line shall be fifteen (15) feet. 6. Minimum setback for a manufactured home from a private street, parking, or other common areas shall be fifteen (15) feet. 7. Minimum setback between two (2) manufactured homes shall be fifteen (15) feet, except that private accessory storage structures located on an individual manufactured home lot need not maintain a separation from the manufactured home that occupies the same lot. 8. Parking areas may be located within common parking areas or on individual manufactured home lots, provided that the parking required for each manufactured home is located within two hundred (200) feet of each lot. 9. Each manufactured home park lot shall have access to public utilities, and it shall have vehicular access to/from either a public right-of-way or private drive. Sec. 5.2. Residential Zoning District Dimensional Standards. A. Dimensional Standards for Non-Clustered and Clustered Developments. The following tables establish dimensional standards that shall be applied within residential zoning di stricts for non-clustered and clustered developments unless otherwise identified in this UDO: Dimensional Standards for Non-Clustered Developments KEY: SF = square feet DU = Dwelling Unit R (a) WE (a) E (a) WRS (a) RS (a) GS (a) T D MHP MF MU Min. Average Lot Area per Dwelling Unit 3 acres 2 acres 1 acre 20,000 SF 10,000 SF 5,000 SF 2,000 SF 3,500 SF N/A N/A N/A Absolute Min. Lot Area per Dwelling Unit 2 acres 2 acres 1 acre 20,000 SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF N/A N/A N/A Min. Lot Width N/A 100’ 100' 70' 70' 50' N/A 35'/DU (b) N/A N/A N/A Min. Lot Depth N/A N/A N/A N/A N/A 100' N/A 100' N/A N/A N/A Min. Front Setback (c) 50' 30' 30' 25' 25' 25' (d) 25' (d) 25' (d) 15’ 15' N/A Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A 15’ N/A 15' (e) Min. Side Setback 20' 10' 10' 7.5' (f) (g) 7.5' (f) (g) 7.5' (f) (g) 7.5' (g) (h) 7.5' (g) 7.5’ (h) (i) N/A ORDINANCE NO. 2023-4453 Page 95 of 335 Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15’ 15' N/A Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 15' (e) Min. Rear Setback (j) 50' 20' 20' 20' 20' 20' 20' 20' (k) 15’ 20' 20' Max. Impervious Cover 30% (l) 30% (l) 30% (l) 40% (l) 50% (l) 55% (l) 75% (l) 65% (l) (m) (m) (m) Max. Height (n) (o) 35' (p) 35' (p) 35' (p) 35' (p) 35' (p) 2.5 Stories/ 35' (p) 35' (p) 2.5 Stories/ 35' (p) N/A N/A N/A Min. Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 Max. Dwelling Units/Acre (Subdivision Gross) 0.33 0.5 1 2 4 8 14 12 10 30 N/A Min. Dwelling Units/Acre N/A N/A N/A N/A N/A N/A N/A N/A N/A 12 N/A Dimensional Standards for Clustered Developments KEY: SF = square feet DU = Dwelling Unit R WE (a) (q) E (a) (r) WRS (a) (q) RS (a) GS (a) T D MHP MF MU Min. Average Lot Area per Dwelling Unit N/A 1 acre 20,000 SF 8,000 SF 8,000 SF N/A N/A N/A N/A N/A N/A Absolute Min. Lot Area per Dwelling Unit 1 acre 10,000 SF 8,000 SF 6,500 SF N/A Min. Lot Width 100' (s) 100' (s) N/A N/A N/A Min. Lot Depth N/A N/A N/A N/A N/A Min. Front Setback (t) 30’ 30’ 25' 25' 25' Min. Side Setback (t) 10’ 10’ 7.5' 7.5' 7.5' Min. Street Side Setback (t) 15’ 15’ 15' 15' 15' Min. Rear Setback (t) 20’ 20’ 20' 20' 20' Max. Impervious Cover (n) 30% 30% 40% 50% 55% Max. Height (p) (q) (r) 35' 35' 35' 35' 2.5 Stories/35' Max. Dwelling Units/Acre (Subdivision Gross) 0.5 1 2 4 8 ORDINANCE NO. 2023-4453 Page 96 of 335 Notes: (a) Developments within a single-family overlay district shall follow the standards of the Single-Family Overlay Districts Section below or the Ordinance authorizing the Official Zoning Map amendment for an NCO Neighborhood Conservation Overlay. (b) The minimum lot width for a duplex may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (c) For lots designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use & Character Map that were created by plat before July 15, 1970, the front setback for a new single-family dwelling unit shall be based on the front setbacks of the adjacent lots per the Required Yards (Setbacks) Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (d) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (e) Maximum side street and front setbacks may be measured from the edge of a public easement when it is greater than the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (f) Minimum side setback may be reduced to five (5) feet where properties on both sides of a lot line are owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Administrator and must be established by plat. In no case shall a single - family residence be built within fifteen (15) feet of another primary structure. When reduced side setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback. (g) Zero lot line construction of a residence is allowed where properties on both sides of a lot line are owned and/or developed simultaneously by a single party. Development under lot line construction requires prior approval by the Administrator. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements of this UDO for more information. (h) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (i) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (j) For lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley per the Required Yards (Setbacks) Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (k) The minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (l) Maximum impervious cover is to be defined by the applicable zoning district designation unle ss otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or their designee. Work that is performed by the homeowner and/or resident that does not require a building permit, that is less than one hundred twenty (120) square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an impervious coverage permit. ORDINANCE NO. 2023-4453 Page 97 of 335 (m) Maximum impervious cover shall be determined by an engineered drainage analysis performed in conjunction with the Drainage Section of the Bryan/College Station Unified Design Guidelines and as approved by the City Engineer or their designee. (n) Shall abide by the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (o) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. (p) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (q) Refer to the Cluster Development Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO when using the cluster development option in the Wellborn Community Plan area. (r) Estate lots that are part of a subdivision existing on or before September 12, 2013, are not permitted to use cluster development standards without Official Zoning Map amendment approval, which incorporates the entire subdivision. (s) In cluster developments built to urban street standards, there is no minimum lot width per the Cluster Development Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO. (t) The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. Refer to the Cluster Development Subsection in the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO for more information. B. MH Middle Housing Product Types and Dimensional Standards Table. The following table establishes dimensional standards that shall be applied within the MH Middle Housing zoning district unless otherwise identified in this UDO. MH Middle Housing Product Types and Dimensional Standards KEY: SF = square feet Product Type Live-Work Townhouse Reduced Setback Single- Family Single- Family Courtyard Houses Split-Lot Duplex Duplex Small Multiplex Medium Multiplex Min. Lot Area per Dwelling Unit 2,250 SF 2,250 SF 2,250 SF 3,200 SF 4,000 SF 2,250 SF 2,250 SF 1,500 SF 800 SF Min. Lot Width 25' 25' 25' 40' 40' 25' 50’ 60' (a) 80' Min. Lot Depth 90' 90' 90' 80' 80' 90' 90' 100' 100' Max. Number of Attached Units N/A 6 N/A N/A N/A 2 2 4 12 Min. Front Setback 15' (b) 15' (b) 15' (b) 15' (b) 5' 15' (b) 15' (b) 15' (b) 15' (b) ORDINANCE NO. 2023-4453 Page 98 of 335 Max. Front Setback 25' 25' 25' 25' 15' 25' 25' 25' 25' Min. Side Setback 5' 5' 5' (c) 5' 5' 5' 5' 10' 10' Min. Side Street Setback 5' 5' 5' 5' 15' (b) 5' 5' 5' 5' Min. Setback between Structures 10' 10' 10' 10' 10' 10' 10' 10' 20' Min. Rear Setback (d) (e) 40' 40' 40' 40' 20' 40' 40' 40' 40' Max. Impervious Cover 55% (g) 55% (g) 55% (g) 55% (g) 55% (g) 55% (g) 55% (g) (f) (f) Max. Height (h) (i) (j) 35' 35' 35' 35' 35' 35' 35' 35' 35' Min. Number of Stories 2 N/A N/A N/A N/A N/A N/A N/A 2 Max. Dwelling Units/Acre (Subdivision Gross) 16 16 16 12 16 20 20 24 24 Parking Front/Rear (k) Front/Rear (k) Front/Rear (k) Front/Rear/ Side (k) Rear Rear Rear Rear Rear Notes: (a) For small multiplex products, lot width may be reduced to thirty (30) feet if the building is two (2) stories or taller. (b) The Administrator may decrease the minimum setback to less than fifteen (15) feet, but not less than five (5) feet, with an administrative adjustment if there are no utility or right -of-way constraints. (c) For zero lot line development, refer to the Lots Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO. (d) The rear setback shall be increased by the width of the required landscaping buffer when abutting Suburban Residential, Estate Residential, or Rural land uses as depicted in the Comprehensive Plan Future Land Use & Character Map. (e) The rear setback can be reduced to twenty (20) feet if abutting an alley or front or side parking is provided. (f) Maximum impervious cover shall be determined by an engineered drainage analysis performed in conjunction with the Drainage Section of the Bryan/College Station Unified Design Guidelines and approved by the City Engineer or their designee. (g) Additional impervious cover may be allowed as determined by an engineered drainage analysis performed in conjunction with the Drainage Section of the Bryan/College Station Unified Design Guidelines and approved by the City Engineer or their designee. ORDINANCE NO. 2023-4453 Page 99 of 335 (h) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in this district. (i) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. (j) Shall abide by the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (k) Front parking shall be allowed only when three (3) or fewer parking spaces are required on the lot. Sec. 5.3. Non-Residential Zoning Districts. A. O Office. This district will accommodate selected commercial businesses that provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification. B. SC Suburban Commercial. This district is intended to provide for limited commercial uses that are compatible with nearby neighborhoods. The district allows for a range of uses, with the impacts mitigated through minimum distance and buffering requirements from adjacent single-family residential use. The following supplemental standard shall apply to this district: The gross floor area of a single structure in this district shall not exceed fifteen thousand (15,000) square feet in area. C. WC Wellborn Commercial. This district is intended to provide for low-density commercial uses that provide services to nearby neighborhoods. Such uses shall be limited in size and not accommodate drive-thru services. Specific design elements should be incorporated into such developments to limit the visual impact on the community and enhance the defined character. This zoning district is only permitted in areas designated as Wellborn Commercial on the Comprehensive Plan Future Land Use & Character Map. D. GC General Commercial. This district is designed to provide locations for general commercial purposes, that is, retail sales and service uses that function to serve the entire community and its visitors. E. CI Commercial Industrial. This district is designed to provide a location for outlets offering goods and services to a limited segment of the general public. The allowed uses in this district primarily serve other commercial and industrial enterprises. F. BP Business Park. This district is designed for uses that primarily serve other commercial and industrial enterprises, and include administrative and professional offices, commercial industrial, research and development-oriented light industrial, light manufacturing, and non-polluting industries. Uses in this district need good access to arterial level thoroughfares but have relatively low traffic generation and require limited location identification. The development of business parks should be in a campus-like setting with structures grouped and clustered and should be heavily landscaped to minimize the impacts of business park uses and associated parking areas on adjacent properties and public roadways. Impacts of the uses will be limited through buffering and architecture of the buildings. The following supplemental standards shall apply to this district: ORDINANCE NO. 2023-4453 Page 100 of 335 1. All processes and business activities shall be conducted inside buildings with the exception of commercial gardens. 2. All BP Business Park zoning districts will be a minimum of five (5) acres in area. G. BPI Business Park Industrial. This district is designed to provide land for manufacturing and industrial activities that have nuisance characteristics greater than activities permitted in the BP Business Park district. Permitted uses within this district are generally not compatible with residential uses of any density or lower intensity commercial uses. Generally, these uses need good access to arterial roadways but should be offset from public roadways and adjacent properties by using the BP Business Park district and its associated development to screen and buffer the uses. The uses allowed have relatively low traffic generation and require limited location identification. H. CU College and University. This district is applied to land which is located within the boundaries of the Texas A&M University campus or is owned by the Texas A&M University System. I. NAP Natural Areas Protected. This district is designed for public or private property intended for the conservation of natural areas. Properties in this district are relatively undeveloped and are often used for recreational or open space purposes or for the conveyance of floodwaters. Properties in this district are not projected for conversion to more intense land use in the future by the Comprehensive Plan. Sec. 5.4. Non-Residential Zoning District Dimensional Standards. The following table establishes dimensional standards that shall be applied within non-residential zoning districts unless otherwise identified in this UDO: Non-Residential Zoning Districts O SC WC GC CI BP BPI NAP Min. Lot Area N/A N/A N/A N/A N/A N/A N/A N/A Min. Lot Width 24' 50' 50' 24' 24' 100' 100' N/A Min. Lot Depth 100' 100' 100' 100' 100' 200' 200' N/A Min. Front Setback 25' 25' 25' 25' 25' 25' (a) 25' (a) N/A Min. Side Setback (b) (c) 7.5’ 7.5’ 7.5’ 7.5’ 7.5’ 7.5’ 7.5’ N/A Min. Side Street Setback 15' 15' 15' 15' 15' 15' (a) 15' (a) N/A Min. Rear Setback 15' 15' 20' 15' 15' 15' (a) 15' (a) N/A Max. Height (d) (e) N/A 2 Stories/ 35' (f) 2 Stories/35' (f) N/A N/A N/A N/A N/A Notes: (a) Buildings shall be setback a minimum of fifty (50) feet from all public streets adjacent to the perimeter of the business park development as shown on the approved preliminary plan. (b) A minimum side setback of seven and one-half (7.5) feet shall be required for each building or group of contiguous buildings. (c) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or separated by a dedicated public right-of-way or easement of at least fifteen (15) feet in width. (d) Shall abide by the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (e) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. ORDINANCE NO. 2023-4453 Page 101 of 335 (f) Maximum building height is two (2) stories and thirty-five (35) feet, measured at the highest point of the roof or roof peak. Buildings over one (1) story shall comply with the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. Sec. 5.5. Retired Districts. Retired districts include districts existing prior to the amendment of this UDO. Existing districts will continue to remain in effect, but these districts are not available for any new Official Zoning Map amendment proposals. A. R-1B Single-Family Residential. This district is designed to provide land for detached single-family residential suburban development. This district contains lots that are larger than the minimum GS General Suburban lot, but smaller than the minimum E Estate lot. B. R-4 Multi-Family. This district provides land for the development of apartment and condominium units at low to medium densities. This district may serve as a transitional zone between low-density residential areas and other residential or non-residential areas. The following supplemental standards shall apply to this distric t: 1. Duplex dwelling units shall conform to D Duplex standards. 2. Townhouse dwelling units shall conform to T Townhouse standards. C. R-6 High Density Multi-Family. This district contains land used for a variety of housing types, but primarily multi-family dwelling units. This district is designed to provide the highest density in the community for developments close to Texas A&M University. The following supplemental standards shall apply to this district: 1. Duplex dwelling units shall conform to D Duplex standards. 2. Townhouse dwelling units shall conform to T Townhouse standards. D. C-3 Light Commercial. This district is designed to provide locations for commercial sites that are too small for many permitted uses in the GC General Commercial zoning district. These are moderately low traffic generators that have little impact on adjacent areas or thoroughfares. The following supplemental standards shall apply to this district: 1. No C-3 Light Commercial zoning district, including adjacent C-3 Light Commercial zoning districts, shall exceed a combined total of five (5) acres in area. E. M-1 Light Industrial. This district is provided for offices, research and development activities, and high technological, light manufacturing, and non-polluting industries that are self-contained. It is further intended that the M-1 Light Industrial zoning district may be compatible with adjacent uses in any other district, depending upon the character of the operation and the conditions imposed. F. M-2 Heavy Industrial. This district is designed to provide land for manufacturing and industrial activities with the generation of nuisance characteristics greater than activities permitted in the CI Commercial Industrial and M -1 Light ORDINANCE NO. 2023-4453 Page 102 of 335 Industrial zoning districts. Permitted uses within this district are generally not compatible with residential uses of any density or lower intensity commercial uses. G. R&D Research & Development. This district is designed for administrative and professional offices, and research and development-oriented light industrial uses meeting the standards and performance criteria established in this Section. These uses could be compatible with low-intensity commercial uses and all residential uses, thereby maintaining the character and integrity of neighborhoods. This district should be carefully located in areas where there is sufficient access to arterial thoroughfares. The following supplemental standards shall apply to this district: 1. Performance Criteria for All Uses. a. Impervious cover is limited to seventy (70) percent. b. The maximum floor area ratio in this district shall not exceed fifty (50) percent. c. Any detached or freestanding signage shall meet the criteria for low-profile signs established in the Signs Section of Article 7, General Development Standards of this UDO. d. Uses should be designed to provide adequate access and internal circulation such that travel through residentially zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7:00 p.m. and 6:00 a.m. must meet all the performance criteria established in this Section, as well as limit vehicular access into the site through a designated access point that mitigates any adverse impacts of the traffic on surrounding residential areas. 2. This Section may be applied to any conditional use proposed in this district when either the Administrator or Development Engineer believes that the existing performance standards contained in this UDO are insufficient to address the proposed use because of its technology or processes and thus, will not effectively protect adjacent existing or future land uses. One (1) or both shal l so advise the Planning and Zoning Commission in writing. In such cases, the Planning and Zoning Commission shall hold a hearing to determine whether a professional investigation or analysis should be performed to identify and establish additional reasonable standards. If so determined, based on the information presented at the hearing, the Planning and Zoning Commission will identify the areas to be investigated and analyzed and will direct the staff to conduct the appropriate research necessary to develop standards for the successful management of the new project. Any costs incurred by the City to develop additional standards shall be charged to the applicant and included as an addition to the cost of either the building permit fee or rezoning application fee. H. NPO Neighborhood Prevailing Overlay. This district is designed to provide standards that preserve single-family neighborhoods by imposing neighborhood-specific yard, lot, and open space regulations that reflect the character of the neighborhood. The NPO Neighborhood Prevailing Overlay does not prevent the construction of new single-family structures or the renovation, remodel, repair, or expansion of existing single-family structures, but rather ensures that new single-family structures are compatible with existing single-family structures. The underlying zoning district establishes the permitted uses and shall remain in full force, and the requirements of the overlay are to be applied in addition to the underlying use and site restrictions. All single-family and accessory structures within the NPO Neighborhood Prevailing Overlay district are subject to the existing median pattern of development on the subject and opposing blockfaces for the following standards: 1. Minimum Front Setback. ORDINANCE NO. 2023-4453 Page 103 of 335 2. Maximum Front Setback. The maximum front setback, or build-to line, is no more than ten (10) feet back from the minimum front setback. 3. Minimum Side Street Setback. 4. Minimum Lot Size. The minimum lot size is calculated as the median building plot size of all existing building plots on the subject and opposing blockface. 5. Building Height. Building height refers to the vertical distance measured from the finished grade, or the base flood elevation, where applicable, and the following points: a. The average height level between the eaves and ridge line of a gable, hip, or gambrel roof; b. The highest point of a mansard roof; or c. The highest point of the coping of a flat roof. 6. Maximum Lot Coverage. Lot coverage is calculated as the median existing lot coverage on all building plots on the subject and opposing blockface. The maximum lot coverage cannot exceed the maximum impervious cover allowed in the underlying zoning district. Lot coverage includes all structures and impervious surfaces on a site, including but not limited to patios, gravel or paved driveways, accessory structures, and sidewalks. 7. Garage Location and Orientation. New garages must be placed in relation to the primary residential structure on the lot consistent with the most frequent pattern of placement on the subject and opposing blockface. New garages must also be oriented consistent with the most frequent direction of orientation on the subject and opposing blockface. 8. Tree Preservation. Any existing tree eight (8) inch caliper or greater in good form or condition and reasonably free of damage by insects and/or disease located outside of the buildable area is required to be barricaded and preserved. A barricade detail must be provided on the site plan. Trees must be barricaded one (1) foot per inch caliper measured as a radius from the tree trunk. Barricades must be in place before any development activity on the property including but not limited to grading. 9. Landscape Maintenance. 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 inch caliper for inch caliper, or as determined by the Administrator. Sec. 5.6. Retired District Dimensional Standards. A. Retired Residential Zoning Districts. The following table establishes dimensional standards that shall be applied within the retired residential zoning districts unless otherwise identified in this UDO: Retired Residential Zoning Districts KEY: SF = square feet R-1B (a) R-4 R-6 Min. Lot Area per Dwelling Unit 8,000 SF N/A N/A ORDINANCE NO. 2023-4453 Page 104 of 335 Min. Lot Width N/A N/A N/A Min. Lot Depth N/A N/A N/A Min. Front Setback (b) (c) 25' 25' 25' Min. Side Setback 7.5' (d) 7.5’ (e) (f) 7.5’ (e) (f) Min. Side Street Setback 15' 15' 15' Min. Side Setback Between Structures (f) 15' 7.5' 7.5' Min. Rear Setback (g) 20' 20' 20' Max. Impervious Cover 55% (h) (i) (i) Max. Height (j) (k) 2.5 Stories/35' (l) N/A N/A Max. Dwelling Units/Acre 6 20 30 Notes: (a) Developments within an NPO Neighborhood Prevailing Overlay or NCO Neighborhood Conservation Overlay shall follow the standards of the Neighborhood Prevailing Overlay (NPO) Subsection of the Retired Districts Section or the Districts Subsection of the Single-Family Overlay Districts Section below and the Ordinance authorizing the Official Zoning Map amendment for an NPO Neighborhood Prevailing Overlay or NCO Neighborhood Conservation Overlay. (b) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (c) For lots designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use & Character Map that were created by plat before July 15, 1970, the front setback for a new single-family dwelling unit shall be based on adjacent lots per the Required Yards (Setbacks) Subsection of the General Provisions Section of Article 7, General Development Standards of this UDO. (d) Zero lot line construction of a residence is allowed where properties on both sides of a lot line are owned and/or developed simultaneously by a single party. Development under lot line construction requires prior approval by the Administrator. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Desi gn and Improvements of this UDO for more information. (e) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (f) Lot line construction on interior lots with no side yard or setback is all owed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (g) For lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley per the Required Yards (Setbacks) Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (h) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or their designee. (i) Maximum impervious cover for R-4 and R-6 zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the Drainage Section of the Bryan/College Station Unified Design Guidelines and as approved by the City Engineer or their designee. (j) Shall abide by the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (k) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. (l) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. ORDINANCE NO. 2023-4453 Page 105 of 335 B. Retired Non-Residential Zoning Districts. The following table establishes dimensional standards that shall be applied within the retired non -residential zoning districts unless otherwise identified in this UDO: Retired Non-Residential Zoning Districts KEY: SF = square feet C-3 M-1 M-2 R&D Min. Lot Area N/A N/A N/A 20,000 SF Min. Lot Width 24' 100' N/A 100' Min. Lot Depth 100' 200' N/A 200' Min. Front Setback 25' 25' 25' 30' Min. Side Setback (a) 7.5’ (b) 7.5’ (b) 7.5’ (b) 30' Min. Side Street Setback 15' 15' 25' 30' Min. Rear Setback 15' 15' 15' 30' (c) Max. Height (d) (e) N/A N/A N/A N/A Notes: (a) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or separated by a dedicated public right-of-way or easement of at least fifteen (15) feet in width. (b) A minimum side setback of seven and one-half (7.5) feet shall be required for each building or group of contiguous buildings. (c) When abutting land that has a non-residential zoning or existing land use, the rear setback may be reduced to twenty (20) feet. (d) Shall abide by the Low-Density Residential Height Protection Subsection in the General Provisions Section of Article 7, General Development Standards of this UDO. (e) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. Sec. 5.7. Planned Districts (P-MUD and PDD). A. Purpose. The P-MUD Planned Mixed-Use District and the PDD Planned Development District are intended to provide such flexibility and performance criteria that produce: 1. A maximum choice in the type of environment for working and living available to the public; 2. Open space and recreation areas; 3. A pattern of development that preserves trees, outstanding natural topography, and geologic features, and prevents soil erosion; 4. A creative approach to the use of land and related physical development; 5. An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering development costs; 6. An environment of stable character in harmony with surrounding development; and 7. A more desirable environment than would be possible through the strict application of other Sections or districts in this UDO. B. P-MUD Planned Mixed-Use District. ORDINANCE NO. 2023-4453 Page 106 of 335 The purpose of this district is to allow areas that encourage the mixing of land uses such as retail/commercial, office, parks, multi-family, and attached single-family. These uses are developed together in a manner that allows interaction between the uses and that allows each use to support the other uses. Within any P-MUD Planned Mixed-Use District, residential and non-residential land uses shall each constitute at least twenty (20) percent of the overall land uses within the mixed-use development. The remaining sixty (60) percent may be any combination of residential or non-residential land uses. The residential uses supply patrons and employees for office and commercial uses. The P-MUD Planned Mixed-Use District is appropriate in Redevelopment Areas as identified by the Comprehensive Plan Future Land Use & Character Map. A P-MUD Planned Mixed-Use District may be used to allow new or innovative concepts in land utilization that are not permitted by other zoning districts. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established to prevent the misuse of increased flexibility. C. PDD Planned Development District. The purpose of the PDD Planned Development District is to promote and encourage innovative development that is sensitive to surrounding land uses and the natural environment. If this necessitates varying from certain standards, the proposed development should demonstrate community benefits. The PDD Planned Development District is appropriate in areas where the specific commercial, residential, or mix of uses proposed in the PDD Planned Development District is reflected in the Comprehensive Plan Future Land Use & Character Map. A PDD Planned Development District may be used to allow new or innovative concepts in land utilization that are not permitted by other zoning districts. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the developme nt to occur, procedures are established to prevent the misuse of increased flexibility. Sec. 5.8. Design Districts. A. WPC Wolf Pen Creek. This district is designed to promote development that is appropriate along Wolf Pen Creek, which, upon creation was a predominantly open and undeveloped area challenged by drainage, erosion, and flooding issues. Development proposals are designed to encourage the public and private use of Wolf Pen Creek and the development corridor as an active and passive recreational area while maintaining an appearance consistent with the Wolf Pen Creek Master Plan. All development within the WPC Wolf Pen Creek design district shall be subject to the following supplemental standards: 1. Development Criteria. a. This Section is intended to ensure that development occurs in compliance with the Wolf Pen Creek Master Plan. Pertinent to appearance is the design of the site, buildings and structures, plantings, signs, street hardware, and miscellaneous other objects that are observed by the public. b. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles, which can result in creative solutions that will develop a satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety, and welfare. c. To create and preserve a distinctive atmosphere and character in the WPC Wolf Pen Creek design district, elements listed in the Additional Review Criteria for the WPC Wolf Pen Cre ek Design District Subsection of the Site Plans in WPC Wolf Pen Creek Section of Article 3, Development Review Procedures of this UDO shall be considered in the review of all projects and proposals for development. 2. Dedication/Development of Drainage and Pedestrian Accessways. ORDINANCE NO. 2023-4453 Page 107 of 335 Except for minimum reservation areas dedicated or developed consistent with the Wolf Pen Creek Master Plan, the flood fringe area may be reclaimed upon approval of reclamation plans by the City Engineer. a. The upstream phase of the development corridor along Wolf Pen Creek means the area between Texas Avenue and Dartmouth Drive. The area to be dedicated or developed consists of the properties described in Ordinance No. 2003-2640 and the floodway and minimum reservation line as defined in the Wolf Pen Creek Master Plan for all other properties within the upstream phase of the development corridor. b. The downstream phase of the development corridor along Wolf Pen Creek means the area between Dartmouth Drive and the Earl Rudder Freeway. The area to be dedicated or developed consists of the property described in Ordinance No. 2001-2534 and shall be referred to as the minimum reservation area. c. Where applicable, the floodway and the minimum reservation line for the upstream phase of the development corridor, and/or the minimum reservation area for the downstream development phase, shall be indicated on the site plan. d. Upon development of the property within the WPC Wolf Pen Creek design district, the minimum reservation area may be: 1) Dedicated in fee simple or as a drainage and access easement, or 2) Improved by the developer to conform with the standards of the development corridor. e. Property within the minimum reservation area will: 1) Provide drainage capacity necessary to convey the floodwaters of Wolf Pen Creek while accommodating the increased runoff from the development of properties along the creek; 2) Provide an area to accommodate pedestrian access from, to, and between developments along the banks of Wolf Pen Creek to lessen congestion along adjacent roadways for patrons of businesses along the corridor; 3) Provide an area as necessary to address and prevent erosion of creek banks resulting from development both along the Wolf Pen Creek in the development corridor and floodwaters received from upstream of the development corridor; 4) Provide an area necessary for public improvements to the development corridor including but not limited to trails, lighting, irrigation, benches, kiosks, footbridges with handrails, trash receptacles, culverts, signage, landscaping, emergency call boxes, public art, and bicycle racks; and 5) Provide access for drainage and facilities maintenance as necessary to support private development within the development corridor. f. All development shall be consistent with the Wolf Pen Creek Corridor Study and Master Plan (1988), the Revised Wolf Pen Creek Master Plan (adopted July 9, 1998, updated March 2005), and the "Conceptual Plan, Trail System" prepared by Robert B. Ruth, dated February 25, 2001. g. Permitted private development within the minimum reservation area where dedication is not made may include but is not limited to: 1) Cleaning and removal of brush and bank stabilization; 2) Erosion control; 3) Pedestrian walkways, lighting, and access easements; and 4) Preservation of the natural setting of the creek. ORDINANCE NO. 2023-4453 Page 108 of 335 h. Cross sections as shown in the original Wolf Pen Creek Master Plan shall be used in designing improvements unless otherwise approved by the Administrator. i. The developer or property owner may submit any improvements to the City for dedication. Upon acceptance, the City will maintain those facilities to the same standards as other public development along the creek. 3. Fill Materials. Fill materials must be placed or stored in accordance with a site plan approved by the Development Engineer. a. Fill must not be placed over existing utility lines without permission of the City. b. Fill must not be stored or placed under the driplines of any tree three (3) inch caliper or greater. c. Stored fill materials must be maintained in an aesthetically pleasing manner. d. Materials may be hauled in or excavated for lake construction. 4. Lighting. Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with the building design. Light fixtures shall be compatible with fixtures used elsewhere in the district. 5. Solid Waste. a. Owners shall be encouraged in the joint use of solid waste collection agreements. Collection points may also act as vehicular access points for park maintenance vehicles. b. Building service areas and solid waste collection points shall be screened from the Wolf Pen Creek corridor, trail system, parking, vehicular use areas, and dedicated streets and shall not be within twenty (20) feet of the minimum reservation line. Screening shall consist of living plant materials, fences, and/or walls. 6. Relationship of Buildings to Site. a. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings. b. The location and placement of buildings on individual sites shall reflect consideration for roadway access, the preservation of major existing natural vegetation adjacent to the creek, visual impact, and the relationship to surrounding developments. c. All developments adjacent to the creek shall orient a focal point (i.e., primary entrance, patio, seating area, etc.) to the floodplain of the creek and have pedestrian access to the trail system. Service areas and loading docks should not directly face the creek. 7. Relationship of Buildings and Site to Adjoining Area. Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials. a. Attractive landscape transition to adjoining properties shall be provided. b. Harmony in texture, lines, and masses is required. Monotony shall be avoided. c. Joint vehicular access agreements from dedicated streets are encouraged and may be required by the Administrator. d. Park access easements for vehicular and pedestrian traffic shall be indicated on the site plan. 8. Building Design. ORDINANCE NO. 2023-4453 Page 109 of 335 All buildings shall comply with the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO, except as follows: a. Materials shall be selected for harmony of the building with adjoining buildings. b. Any façade visible from the creek must provide a minimum of ten (10) percent of fired brick, natural stone, marble, granite, or any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material) to simulate brick, stone, marble, or granite. c. Building colors shall be neutral and harmonious with the existing man-made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. d. Mechanical equipment or other utility hardware on the roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways. e. Monotony of design in single or multiple building projects shall be avoided. Variations of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance. 9. Miscellaneous Structures and Street Hardware. a. Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, the scale shall be good, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive. b. Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to the site, landscape, buildings, and signs. 10. Landscaping. Landscape elements included in these criteria consist of all forms of plantings and vegetation, ground forms, rock groupings, water patterns, and all visible construction except buildings and utilitarian structures. In addition to the requirements of the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO, all landscaping shall meet the following: a. Where natural or existing topographic patterns contribute to the beauty and utility of a development adjacent to the creek, they should be preserved and incorporated into the design of the development. Modification to topography will be permitted where it contributes to a good appearance. b. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking, and, if seating is provided, for sitting. c. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade. d. Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. e. Plant material shall be selected for interest in its structure, texture, color, and its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of good appearance shall be used. f. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices. g. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. ORDINANCE NO. 2023-4453 Page 110 of 335 h. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. i. Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. j. In areas where general planting will not prosper, other materials such as fences, walls, and pavings of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. 11. Signs. a. Sign Standards. 1) Multi-family projects shall follow the requirements of allowed signage for the zoning district appropriate for the specific use in addition to meeting the standards listed below in this Section. 2) Non-residential projects shall follow the requirements of allowed signage for the zoning district appropriate for the specific use in addition to meeting the standards listed below in this Section. 3) Mixed-use projects shall follow the requirements of allowed signage for GC General Commercial in addition to meeting the standards listed below in this Section. b. Projection Signs. Example Projection Sign Projection signs will be allowed in the WPC Wolf Pen Creek design district with the following restrictions: 1) One (1) projection sign per frontage along a public right-of-way will be allowed except where otherwise stated in this Section. 2) The total square footage of all projection signs used will be applied toward the total allowable area for attached signage. 3) The division and placement of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager, and not the City. 4) Projection signs shall be mounted perpendicular to buildings. 5) Internally lit plastic signs will not be permitted. ORDINANCE NO. 2023-4453 Page 111 of 335 6) Projection signs may utilize fabric or other flexible material provided that they remain in good condition at all times. 7) Projection signs shall have a minimum of eight (8) feet of clearance from the walkway grade and four (4) inches of clearance from the building façade. Excluding the four (4) inch clearance requirement, no part of a projection sign shall project more than three (3) feet from the building façade. 8) Projection signs shall not extend above the façade of the building to which it is attached. 9) Buildings with one (1) story may have a sign that shall not exceed eighteen (18) square feet in size. For each additional building story, an additional eight (8) square feet of signage is allowed, up to a maximum of fifty (50) square feet per sign. 10) Signs may be attached to site lighting located on private property with the following restrictions: a) Developments will be allowed one (1) light pole sign for every one hundred fifty (150) feet of building plot frontage in lieu of a permitted freestanding sign. b) No part of any sign attached to a light pole will be allowed to overhang or encroach into any portion of the public right-of-way. c) Light pole signs shall not exceed six (6) square feet in size and shall have a minimum of eight (8) feet of clearance from the walkway grade. d) Light pole signs shall have a minimum clearance of four (4) inches from the edge of the light pole. Excluding the four (4) inches of clearance, light pole signs shall not project more than three (3) feet from the edge of the light pole. Example Light Pole Sign c. Design Criteria. In addition to the Signs Section of Article 7, General Development Standards of this UDO, the Administrator shall evaluate all proposed signage according to the following criteria: 1) Every sign shall be designed as an integral architectural element of the building and site to which it principally relates. 2) The colors, materials, and lighting of every sign shall be harmonious with the building and site to which it principally relates. ORDINANCE NO. 2023-4453 Page 112 of 335 3) Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs. 12. Maintenance. a. Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep. b. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. c. Provision for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt, and rubbish shall be avoided. d. Major maintenance activities that occur after a project is complete shall be reviewed by Administrator. These activities include any replacement of light fixtures or standards, and major fence or landscape work or replacement. The intent is to ensure that the development standards of this UDO are maintained throughout the life of a project. 13. Waivers. The Design Review Board shall hear and decide requests for waivers to the standards of this Section. The Design Review Board shall approve waivers found to meet the intent of the standards of this Section and the Wolf Pen Creek Master Plan. Financial hardship may not be considered in the review or determination of a waiver proposal. Design Review Board review and waiver approval shall be limited to the following items: a. Relief from specific requirements related to building orientation and access for the improvement of existing buildings if it can be proven by the applicant that existing site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions. b. Alternatives to the requirements related to building orientation and access when physical characteristics limit the site or provide for unique orientation and access opportunities. B. NG Northgate Districts. Adjacent to Texas A&M University's north side, the Northgate area encompasses one of the oldest urban areas in College Station, and, therefore, Northgate plays a prominent role in the development and service of both the City of College Station and Texas A&M University. It is characterized as a unique "campus neighborhood" containing local businesses, churches, and off-campus housing near the University. Concepts related to traditional neighborhood development, which promotes a mixture of non-residential and residential uses in a pedestrian-oriented setting, have been incorporated within the standards for the Northgate zoning districts. Other traditional neighborhood development concepts incorporated into the Northgate zoning districts include increased density, compatible high-quality building design, and specialized signage. The result is intended to be a unique, pedestrian-friendly, dense urban environment that allows citizens of College Station and students of Texas A&M University to eat, work, live, and recreate in an area within close proximity to the University. 1. Districts. The Northgate area consists of three (3) districts: NG-1 Core Northgate, NG-2 Transitional Northgate, and NG-3 Residential Northgate. Any reference and/or requirement made in this Section shall apply to all Northgate districts unless otherwise specified. These zoning districts incorporate regulations consistent with the Northgate Redevelopment Implementation Plan. ORDINANCE NO. 2023-4453 Page 113 of 335 a. NG-1 Core Northgate. This mixed-use district applies to areas containing a diversity of pedestrian-oriented retail, dining/restaurant, housing, and entertainment businesses that are close to on- and off-campus dormitories. Regulations are designed to aid structural rehabilitation and redevelopment while promoting new high-density, mixed-use, pedestrian-oriented infill development with an urban character. b. NG-2 Transitional Northgate. This district is intended for areas in Northgate containing larger retail commercial uses and undeveloped land. This district also serves to transition from subur ban-style commercial development to high-density, mixed-use redevelopment. This zoning district shall incorporate regulations designed to aid mixed-use development, pedestrian circulation, and redevelopment with an urban character. Any development in NG -2 Transitional Northgate may develop under the standards herein of NG-1 Core Northgate. c. NG-3 Residential Northgate. This district is intended for areas in Northgate containing a variety of residential uses and structures. This district applies to areas determined to be suitable for high-density residential developments due to its proximity to Texas A&M University. NG-3 Residential Northgate incorporates regulations designed to aid pedestrian-oriented redevelopment for high-density residential and limited commercial uses. 2. Additional Use Standards. The permitted and conditional uses set forth in the Types of Use Section of Article 6, Use Regulations of this UDO shall meet the following additional requirements related to the district in which the proposed project is located. a. NG-1 Core Northgate. 1) Buildings with frontage on Church Avenue, University Drive, College Main, Boyett Street from University Drive to Church Avenue, and Nagle Street from University Drive to Church Avenue shall not have parking, fraternal lodge, or residential uses on the ground floor. These uses shall be allowed on the ground floor if they are completely located behind a commercial use that meets all other requirements of this UDO. 2) Parking lots that are an ancillary use must be abutting the primary use. 3) Residential uses are only allowed in buildings that also contain commercial uses. 4) The maximum allowable gross floor area on the ground floor per single retail establishment is ten thousand (10,000) square feet. 5) Freestanding, single-tenant buildings are prohibited except: a) For structures existing on or before April 2, 2006; or b) For the following uses: casual and fine dining restaurants (not "fast food"), hotels, and theaters. b. NG-2 Transitional Northgate. 1) Buildings with frontage on Church Avenue, University Drive, South College Avenue, and Nagle Street from University Drive to Church Avenue shall not have parking, fraternal lodge, or residential uses on the ground floor. These uses shall be allowed on the ground floor if they are completely located behind a commercial use that meets all other requirements of this UDO. ORDINANCE NO. 2023-4453 Page 114 of 335 2) The maximum allowable gross floor area on the ground floor per single retail establishment is forty thousand (40,000) square feet. 3) Freestanding, single-tenant buildings are prohibited except: a) For structures existing on or before April 2, 2006; or b) For the following uses: casual and fine dining restaurants (not "fast food"), hotels, and theaters. c. NG-3 Residential Northgate. Non-residential uses permitted within NG-3 Residential Northgate shall meet each of the following requirements: 1) Places of worship are exempt from these requirements. 2) Non-residential uses may occupy no more than fifty (50) percent of the total square footage of any building or group of buildings developed in a building plot. 3) Any building containing a non-residential use shall have a minimum of one (1) floor wherein one hundred (100) percent of the floor area is occupied by a residential use. Offices and studios maintained within a residence for home occupations may be included within the residential use calculation. 4) The maximum allowable gross floor area per single retail establishment is five thousand (5,000) square feet. 3. Building Design Considerations for Historic Properties. a. Applicability. The following existing structures are reflected as a medium or high priority in the Northgate Historic Resources Survey. Possible address discrepancies may be resolved by referencing the Northgate Historic Resources Survey. NG-1 105—107 College Main 106 College Main 108 College Main 109 College Main 110 College Main 111 College Main 113 College Main 217 University Drive 303 Boyett Street 303 University Drive 401—405 University Drive 417 University Drive 501 University Drive 505 University Drive b. Standards. Rehabilitation of these structures shall follow the following standards: 1) The historic character of a property will be retained and preserved. Distinctive materials or features and spatial relationships that characterize a property shall not be removed or altered. 2) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 3) Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires the replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. c. Process. ORDINANCE NO. 2023-4453 Page 115 of 335 All proposals affecting the materials, construction, or colors of a historic structure must be approved by the Administrator. The Administrator shall first consider the proposal in light of the standards listed above, then according to the standards set forth below. 4. Building Design Standards. The following standards shall apply to all structures in the Northgate zoning districts. a. Building Orientation and Access. 1) All buildings that have right-of-way frontage on Church Avenue shall orient their primary entrance façades toward Church Avenue. 2) All buildings that have right-of-way frontage on University Drive shall orient their primary entrance façades toward University Drive. 3) The primary entrance façades of all buildings not on Church Avenue or University Drive shall front a public right-of-way. 4) If a building has frontage on University Drive and South College Avenue, the primary entrance façade shall be oriented to one (1) of the rights-of-way at the developer's discretion. A public entrance façade shall be oriented toward the other right-of-way(s). 5) In the event a building has frontage on more than one (1) right-of-way (not including Church Avenue, University Drive, or South College Avenue), the Administrator shall determine to which right-of-way the primary entrance façade shall be oriented. A public entrance façade shall be oriented toward the other right-of-way(s). 6) In the event more than two (2) façades require a public entrance, the Administrator may determine which two (2) façades require entrances. The Administrator may also forward the question to the Design Review Board for any reason. 7) All residential dwelling units in a building with less than twelve (12) residential dwelling units shall have access from the primary entrance façade. This access may not be through an area with a fence or wall taller than four (4) feet, a garage, or a parking area. b. Building Transparency. Sanctuaries in places of worship are exempted from this requirement. 1) For maximum pedestrian visibility of the non-residential uses, non-residential structures and the commercial portions of mixed-use structures shall be at least fifty (50) percent transparent between zero (0) feet and eight (8) feet above ground level of the primary entrance façade and at least thirty (30) percent transparent between zero (0) feet and eight (8) feet on the façade fronting other rights-of-way. In the event more than two (2) façades require transparency, the Administrator may determine which two (2) façades require minimum transparency. The Administrator may also forward the question to the Design Review Board for any reason. 2) Glass shall be clear or tinted, not reflective. Glass block and other materials that are semi - transparent shall not be used to meet this requirement. 3) Roll-up doors must be at least seventy-five (75) percent transparent between zero (0) feet and eight (8) feet above ground level for all façades facing a right-of-way. c. Architectural Relief. 1) For all façades facing a right-of-way, the first two (2) stories or first twenty-eight (28) feet above ground level shall use architectural detail to provide visual interest by incorporating a minimum of two (2) design elements every twenty-five (25) feet from the following options: canopies, permanent decorative awnings, hood/drip molding over windows, ORDINANCE NO. 2023-4453 Page 116 of 335 cornices, corbelling, quoining, stringcourses, pilasters, columns, pillars, arcades, bay/oriel windows, balconies that extend from the building, recessed entries, stoops, and porches. 2) Along all other façades not facing a right-of-way and not screened by another building located within fifteen (15) feet of the façade, there shall be at least two (2) design elements as listed above for every forty (40) feet. These façades shall be similar and complementary to the primary entrance façade. 3) Instead of the above requirements, buildings with fewer than twelve (12) residential units shall provide individual architectural relief such as a front porch, balcony, or bay window for each unit on each façade. Architectural relief is not required on façades that are within fifteen (15) feet of another building that screens the façade. 4) Alternative architectural features may be considered for approval by the Design Review Board. d. Roof Type. 1) Shed, mansard, and gambrel roofs are prohibited. 2) Hip and gable roofs may only be used when the vertical plane(s) of any roof facing a right- of-way is interrupted by an architectural detail. e. Exterior Building Materials. All structures within a building plot shall have materials that are similar and complement each other. When determining the area herein, windows and doors are included. 1) The following applies only to the first two (2) stories or the first twenty-eight (28) feet above ground level of all structures, excluding parking garages. All façades, except those within fifteen (15) feet of another building that screens the façade, shall consist of a minimum of twenty-five (25) percent of one (1) or more of the following building materials. Parking garages are excluded from this requirement. All other materials except as authorized herein or by the Design Review Board, are prohibited. a) Fired brick; b) Natural stone; c) Marble; d) Granite; e) Tile; and/or f) Any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material or split-face CMU) to look like brick, stone, marble, granite, or tile; or is covered with brick, stone, marble, granite, or tile or a material fabricated to simulate brick, stone, marble, granite, or tile. 2) In addition, all façades may utilize the following materials subject to the stated limitations. Parking garages are excluded from these limitations. All other materials are prohibited. a) Stucco, hardboard, split-face CMU with integrated color, or any material equivalent in appearance and quality as determined by the Design Review Board shall not cover more than seventy-five (75) percent of each façade. b) Wood or cedar siding, stainless steel, chrome, standing seam metal, and premium grade architectural metal may be used as architectural accents and shall not cover greater than twenty (20) percent of any façade. ORDINANCE NO. 2023-4453 Page 117 of 335 c) Glass block and other materials that are semi-transparent shall not cover more than fifteen (15) percent of any façade. Places of worship are exempted from this limitation. d) Continuous ribbon window systems and glazed curtain walls are prohibited. e) Smooth face tinted concrete blocks shall only be used as an accent and shall not cover more than five (5) percent of any façade. f) Galvanized steel and painted steel are allowed on doors, including roll-up doors. g) Steel, standing seam metal, and/or architectural metal may be used as a roof and/or canopy/awning with no limitation of percentage. 3) The façades of parking garages may utilize any material, but may only use steel, standing seam metal, and/or architectural metal as an architectural accent (limited to twenty (20) percent of any façade) and as a roof and/or canopy/awning (with no limitation). f. Exterior Building Colors. 1) Building colors shall be neutral and harmonious with the existing man-made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. 2) Metallic (except copper and silver metallic-colored roofs) and fluorescent colors are prohibited on any façade or roof. 3) When applying brick, colors normally found in manufactured fired brick are permitted. All colors of natural stone are permitted. 4) Colors samples shall be submitted for approval to the Administrator. g. Canopies/Awnings. 1) Canopies/awnings shall not completely obstruct any window. Transom windows may be located under canopies/awnings. 2) Canopies/awnings are considered part of the building façade. A maximum of one (1) color shall be used for all canopies/awnings on a single building façade (excluding the business logo). 3) Canopies/awnings shall consist of cloth, canvas, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated) and shall be maintained in good repair. Canopies/awnings that are used to meet the required building setback shall not be cloth or canvas but shall be a permanent structure integrated into the building's architecture, consisting of materials similar to that of the rest of the building. 4) Canopies/awnings located over the public right-of-way shall require a private improvement in the public right-of-way permit in addition to the necessary building permit. 5. On-Street Parking Standards. a. Existing head-in parking that requires backing maneuvers into a right-of-way shall be removed with all proposed development, redevelopment, rehabilitation, and façade projects within any Northgate district. b. All proposed development, redevelopment, rehabilitation, and façade projects with frontage on a right-of-way(s) designated for on-street parking shall install such parking. For residential uses, non-metered, parallel spaces may be counted toward off-street parking space requirements. 6. Off-Street Parking Standards. ORDINANCE NO. 2023-4453 Page 118 of 335 All off-street parking shall meet the requirements specified in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO, except as specifically provided herein: a. Lots with frontage on Church Avenue or University Drive shall not have surface parking that is closer than two hundred (200) feet to the right(s)-of-way or is not completely located behind a habitable structure. Lots with frontage on University Drive and Church Avenue shall not have surface parking that is closer than two hundred (200) feet to Church Avenue or is not completely located behind a habitable structure. b. There shall be no minimum number of parking spaces required for non-residential uses. c. Off-street parking facilities for residential uses shall meet seventy-five (75) percent of the number of specified parking space requirements of the Number of Off-Street Parking Spaces Required Subsection in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. d. No interior islands are required. e. Where off-street surface parking is to be installed adjacent to a right-of-way, there shall be a six (6) foot setback from the required sidewalk to the parking pavement. The parking area shall be screened along one hundred (100) percent of the street frontage (minus driveways and visibility triangles) with shrubs or a brick, stone, tinted CMU, or concrete product textured or patterned to look like brick or stone wall a minimum of three (3) feet in height, and within three (3) feet of the sidewalk. Walls shall be complementary to the primary building and shall be constructed as sitwalls. f. No off-street surface parking or circulation aisle shall be located between the primary entrance façade of a building and a right-of-way. Parking shall be located at the rear or side of a building. Two (2) exceptions are: 1) Sites on the South College Avenue right-of-way may have up to one (1) circulation aisle against the right-of-way with parking on each side of the aisle. 2) Hotel and residential uses may have porte cocheres and temporary, loading/unloading parking, not to exceed ten (10) spaces, against the right-of-way. g. Ramps shall not be built on the exterior of parking garages. h. Steel guard cables on garage façades are prohibited. i. To break up the parking lot area, minimize the visual impact on pedestrians, and encourage pedestrian movement through the districts, one (1) or a combination of the following parking concepts is required for parking that provides more than sixty (60) parking spaces with more than one (1) parking row: 1) Parking is located in a garage. 2) The parking structure is located on the interior of the block, screened from public view by habitable structures, and is not located adjacent to a right-of-way. 3) For every sixty (60) parking spaces, there shall be a separate and distinct parking area connected by driving lanes but separated by a landscaping strip a minimum of ten (10) feet wide the full length of the parking row. At a minimum, landscaping shall be one (1) canopy tree (one and one-half (1.5) inch caliper or greater) for every twenty-five (25) linear feet of the landscaping strip. In addition, at least seventy-five (75) percent of all end islands in the parking lot must be irrigated and landscaped with a minimum one and one-half (1.5) inch caliper canopy tree, one and one- quarter (1.25) inch caliper non-canopy tree, or enough shrubs three (3) feet in height at time of ORDINANCE NO. 2023-4453 Page 119 of 335 planting to cover seventy-five (75) percent of the island. Islands not landscaped shall be treated with brick pavers, ground cover, and/or perennial grass. 7. Bicycle Parking Standards. Specific bicycle racks utilized shall be as identified in the Northgate Specific Standards Section of the City of College Station Site Design Standards. a. For non-residential uses, a minimum of four (4) bicycle parking spaces plus one (1) additional space for each one thousand (1,000) square feet of floor area above two thousand (2,000) square feet shall be required. b. For residential uses, a minimum of one (1) bicycle space per dwelling unit shall be required. c. In no case shall more than twenty (20) bicycle parking spaces per business or residential building be required. d. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be separated at least three (3) feet from the building or other walls, landscaping, or other features to allow for ease and encouragement of use. Bicycle parking facilities may be permitted on sidewalks or other paved surfaces with a private improvement in the public right-of-way permit (when necessary) and provided that the bicycles do not block or interfere with pedestrian or vehicular traffic. e. Required bicycle parking may be consolidated with the bicycle parking of adjacent properties and provided off-site if the bicycle rack location is within one hundred (100) feet of the main entry façade of the building and with written agreement from the property owners. 8. Sidewalk Standards. Sidewalks shall be incorporated into all proposed development and redevelopment projects within any Northgate zoning district. In the event a sidewalk exists on a site before development or redevelopment and does not meet all sidewalk and streetscape standards set forth herein, the sidewalk must be upgraded to meet current standards (including American National Standards and Texas Accessibility Standards). a. Sidewalks shall be required along both sides of all rights-of-way. b. Sidewalks widths shall be as follows: 1) Sidewalks shall be a minimum of twelve (12) feet in width on University Drive and South College Avenue. 2) Sidewalks shall be a minimum of ten (10) feet in width on Church Street and College Main. 3) Sidewalks shall be a minimum of eight (8) feet in width on all other streets in Northgate. c. Sidewalks shall be located directly adjacent to the back of the curb. The Administrator may approve alternate locations to eliminate encroachments of streetscaping materials that would reduce the clear space of the sidewalk to less than six (6) feet. The Administrator may also approve alternate locations for sidewalks along South College Avenue and Wellborn Road to address public safety concerns. d. Sidewalks or parts of sidewalks that lie outside, but are located next to, the right-of-way shall be covered by a dedicated public access easement initiated by the property owner so that they will be dedicated for public use and maintenance. e. Sidewalks shall be constructed of colored brick pavers on the exterior (visible) layer as specified in the Northgate Specific Standards Section of the City of College Station Site Design Standards. ORDINANCE NO. 2023-4453 Page 120 of 335 Sidewalk and Street Tree Requirements for University Drive and South College Avenue 9. Landscape and Streetscape Standards. For NG-1 Core Northgate and NG-3 Residential Northgate, the standards set forth herein are instead of the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. For NG-2 Transitional Northgate, the standards set forth herein are in addition to the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. Any landscape/streetscape improvements may be located within the public right-of-way pursuant to a private improvement in the public right-of-way permit. Specific landscaping elements and streetscape hardware (benches, streetlights, etc.) utilized shall be as identified in the Northgate Specific Standards Section of the City of College Station Site Design Standards. a. Street Trees. 1) On University Drive, Church Avenue, Wellborn Road, South College Avenue, First Street, Boyett Street, College Main Avenue, and Nagle Street, installation of street trees that are a minimum of four (4) inch caliper shall be located in at-grade tree wells with tree grates (or raised tree wells or planters on University Drive and College Main Avenue only) and shall be spaced at a maximum of twenty-five (25) feet on center and located adjacent to the back of curb. Back-of-curb placement is not required along Wellborn Road and South College Avenue when an alternative location for the sidewalk is approved as provided for in the Sidewalk Standards Section above. On all other streets not listed above, installation of street trees that are a minimum of three (3) inch caliper shall be located in at -grade tree wells with tree grates (raised tree wells or planters may be used when eight (8) feet of clear space can be maintained on the sidewalk) and spaced at a maximum of twenty-five (25) feet on center and located adjacent to the back of curb. Alignment of such street trees shall commence twenty (20) feet from street intersections. Spacing and location of street trees may be varied upon approval by the Administrator for the purpose of minimizing conflicts with other streetscape elements and utilities, minimizing conflicts with the required sight distance at street intersections, ensuring unobstructed views of traffic control devices, and ensuring adequate Fire Department access. In areas of concentrated retail activity, street trees may be placed at different intervals upon approval by the Administrator for the purpose of minimizing the obstruction of views of non-residential uses. 2) In locations where a healthy and mature four (4) inch caliper or greater canopy tree currently exists, the requirements for a new tree may be waived or modified by the Administrator. Such trees must be maintained, barricaded, and other wise fully protected during the project's construction phase and shall be replaced with trees meeting the specifications herein if they are damaged or die. ORDINANCE NO. 2023-4453 Page 121 of 335 3) All in-ground vegetated areas, trees, and above-ground planters shall include an automated irrigation system. Irrigation will not be required for existing trees that are properly barricaded during construction according to the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. b. Landscaping. Any area between the inside or interior of the sidewalk edge and the building façade and/or parking area not utilized as outdoor café seating is required to be one hundred (100) percent landscaped/streetscaped and irrigated. Eligible landscape/streetscape improvements shall include raised masonry planter boxes or planter pots, at-grade planting beds, seating benches, light features, decorative railings, masonry walls not exceeding three (3) feet in height, decorative wrought iron fencing, additional pedestrian areas finished with brick pavers, or other elements in the Northgate Specific Standards Section of the City of College Station Site Design Standards. Live plant material must be included where feasible in each proposal. c. Sidewalk Benches. A minimum of one (1) sidewalk bench shall be provided for every fifty (50) linear feet of building frontage along a right-of-way. In no case shall more than four (4) sidewalk benches per building façade be required. d. Building and Site Lighting. 1) Building illumination and architectural lighting shall be indirect (no light source visible). Exposed neon tube may be used. 2) Light standards for parking lots shall reflect the style of the building plot's architecture or be complementary to that style. Standards shall not be greater than twenty (20) feet in height. e. Streetlights. 1) Streetlight location and type shall be as determined by College Station Utilities and the Administrator. 2) The installation and cost of the lighting shall be performed by the developer or their authorized construction representative subject to compliance with the utility streetlight installation standards of College Station Utilities. 3) Once satisfactorily installed, approved, and accepted by College Station Utilities, the maintenance of the streetlights and the furnishing of electric energy to the streetlights shall be provided by the City. f. Trash Receptacles. If installed, trash receptacle locations shall be shown on the landscape plan. One (1) trash receptacle may be located within an intersection's sight distance triangle described in the General Provisions Section of Article 7, General Development Standards of this UDO. g. Newspaper Racks. If installed, newspaper racks shall be placed so that a four (4) foot minimum clear space is maintained on the sidewalk. 10. Dumpster and Mechanical Equipment Standards. The following standards are in addition to the requirements of the Solid Waste Section of Article 7, General Development Standards of this UDO. a. Any dumpster and other waste storage area or container other than streetscape trash receptacles shall be located at the rear of the building served by the dumpster, area, and/or ORDINANCE NO. 2023-4453 Page 122 of 335 container. The Administrator may adjust this standard where a required entrance façade is located at the rear of the building or when parking is provided on the side of a building. b. Where feasible, consolidation of dumpsters may be required by the City. c. Solid waste storage areas, mechanical equipment, air conditioning, electrical meter, service components, and similar utility devices, whether ground level, wall mounted, or roof-mounted, shall be screened from view from rights-of-way. Exterior screening materials shall be opaque and the same as predominantly used on the exterior of the principal building. Such screening sh all be coordinated with the building architecture, colors, and scale to maintain a unified appearance. Acceptable methods of screening various equipment include encasements, parapet walls, partition screens, or brick walls. Screening may be omitted or modified upon approval of the Administrator for the purpose of complying with safe working clearances around electrical meters, electrical panels, transformers, and related electrical service equipment. d. Mechanical equipment shall be located to minimize noise intrusion off-site. 11. Detention Pond Screening Standard. Detention ponds shall be screened from view along one hundred (100) percent of rights-of-way using berms, shrubs, walls, or a combination of these to achieve a three (3) foot high screen measured from the ground level. Walls shall be coordinated with the building architecture, colors, and scale to maintain a unified appearance. 12. Sign Standards. a. Signage shall not obscure other building elements such as windows, cornices, or architectural details. b. Illuminated plastic signs are prohibited. c. The following types of signage may be used. All others are prohibited. 1) Attached Signs. a) Refer to the Signs Section of Article 7, General Development Standards of this UDO. b) Exposed neon may be used in attached signage. 2) Window Signs. a) Window signs shall allow for the majority of the display area to be open for pedestrian window shopping and shall not cover more than thirty-three (33) percent of the window area. b) Exposed neon may be used in window signage. 3) Hanging Signs. a) Hanging signs shall be suspended from canopies/awnings and located in front of building entrances, perpendicular to the façade. b) A maximum of one (1) sign per building entrance is allowed. c) The sign shall not exceed four (4) square feet in size and shall have a minimum of eight (8) feet of clearance from the walkway grade, four (4) inches of clearance from the building face, and eight (8) inches of clearance from the edge of the canopy/awning. d) Hanging signs located in/over the public right-of-way shall require a private improvement in the public right-of-way permit in addition to the necessary building permit. ORDINANCE NO. 2023-4453 Page 123 of 335 4) Projection Signs. a) Projection signs are allowed in NG-1 Core Northgate and NG-2 Transitional Northgate only. b) Projection signs shall be mounted perpendicular to buildings. They shall have a minimum of eight (8) feet of clearance from the walkway grade and four (4) inches of clearance from the building face (barber poles are exempted from these clearance requirements). All extremities of projection signs, including supports, frames, and the like, shall not project more than three (3) feet from the building face. c) A maximum of one (1) sign per building is allowed. d) Buildings with one (1) story may have a sign that shall not exceed six (6) square feet in size. For each additional building story, an additional four (4) square feet of signage is allowed, up to a maximum of eighteen (18) square feet. e) Projection signs located in/over the public right-of-way shall require a private improvement in the public right-of-way permit in addition to the necessary building permit. f) Exposed neon may be used in projection signage. 5) Low Profile Signs. a) In NG-2 Transitional Northgate only, one (1) low profile sign per one hundred fifty (150) linear feet of a building plot along South College Avenue may be permitted. b) Refer to the Signs Section of Article 7, General Development Standards of this UDO. c) Exposed neon may be used in low-profile signage. d. If more than twenty-five (25) percent of the square footage of a building is demolished, any nonconforming signage associated with the building must also be demolished. The signage will not be considered "grandfathered", and no other permits will be issued for the site by the City until the signage has been removed. 13. Outside Storage and Display Standards. The following standards are in lieu of the Outdoor Storage and Display Section of Article 7, General Development Standards of this UDO. a. Outdoor storage of materials or commodities is prohibited. b. Temporary or portable buildings of any kind are prohibited except during the construction of site - planned facilities. c. Outside sales/outside display areas shall be located within five (5) feet of a required entrance façade and shall only be located in front of the property/business that is selling item(s). A four (4) foot minimum clear space on sidewalks shall be maintained. This does not apply if a business has a valid Northgate outdoor dining and entertainment permit issued under Chapter 8, Businesses of the City of College Station Code of Ordinances. d. All merchandise and/or seasonal items used for outside sales or display shall be moved indoors at the end of business each day. 14. Waivers. The Design Review Board shall review requests for deviations from the standards of this Section. The Design Review Board shall approve waivers found to meet the intent of the standards of this Section and the Northgate Redevelopment Implementation Plan. Financial hardship may not be considered in the review or determination of a waiver proposal. ORDINANCE NO. 2023-4453 Page 124 of 335 Design Review Board review and waiver approval shall be limited to the following items: a. Relief from the building design standards for historic properties if the proposed building improvements or additions generally conform to the Building Design Considerations for Historic Properties Subsection above, and if the property building improvements or additions generally preserve the historical appearance and architectural character of the building. b. Relief from specific requirements related to building orientation and access for the improvement of existing buildings if it can be proven by the applicant shows that inherent site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions. c. Alternatives to the requirements related to building orientation and access when physical characteristics limit the site or provide for unique orientation and access opportunities. d. A reduction in the percentage of required building transparency for the rehabilitation of existing buildings if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the requirements herein. e. Alternatives to the requirements related to building transparency for new construction if the alternatives substantially provide the same visual interest for the pedestrian. f. Alternate architectural features to meet the requirements related to architectural relief when the proposed architectural details substantially provide a level of uniqueness to the building at the pedestrian scale. g. Along non-primary entrance façades that do not abut a right-of-way and that require design elements, murals may be considered by the Design Review Board to meet the two-design element requirement. Mural topics may include architecture and/or Texas A&M University. Murals may not contain copy or logo advertising any business. h. Substitutions of building materials for buildings if the applicant shows that: 1) The building material is a new or innovative material manufactured that has not been previously available to the market or the material is not listed as an allowed or prohi bited material herein and the material is similar and comparable in quality and appearance to the materials allowed in the Building Design Standards Subsection above; or 2) The material is an integral part of a themed building (for example, a 50's diner in chrome). 3) No variance shall be granted to minimum building material requirements specified for buildings ten thousand (10,000) square feet or greater in area or for building plots with a cumulative structure square footage of ten thousand (10,000) square feet or greater. i. Alternative materials on façade work that does not involve an expansion of an existing building as defined in Article 9, Nonconformities of this UDO or constitute redevelopment if the applicant shows that: 1) The materials allowed in the Building Design Standards Subsection above cannot be utilized without a structural alteration(s) to the existing building; and 2) A licensed professional engineer or architect verifies in writing that a structural alteration is required to apply the permitted façade materials to the building. j. Alternatives to the requirements related to surface area parking lots. Alternatives must separate the parking areas so that no more than sixty (60) parking spaces are located in the same vicinity without substantial visual separation from additional parking spaces. k. A decrease in parking requirements for residential uses provided that the applicant submits a parking study that supports the decrease based on reasonable assumptions of parking availability. Unless shared or off-site parking is provided as allowed in the Alternative Parking ORDINANCE NO. 2023-4453 Page 125 of 335 Plans Subsection of the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO, in no case shall the Design Review Board allow a reduction i n the number of required spaces: 1) To less than the number recommended within the parking study, or 2) To more than a fifty (50) percent reduction in the amount of parking required for residential uses by the Number of Off-Street Parking Spaces Required Subsection in the Off- Street Parking Standards Section of Article 7, General Development Standards of this UDO. l. An increase in the distance requirement for shared and/or off-site parking when shared or off- site parking is provided in a parking garage. m. Relief from the sidewalk width standard when bringing an existing sidewalk up to a current standard where existing physical conditions prohibit sidewalk expansion. n. Alternatives to the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO for projects utilizing an existing structure(s) if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the requirements herein. o. Relief from the two-story requirement for casual and fine dining restaurants (not "fast food") and theaters in NG-2 Transitional Northgate if all façades are a minimum of twenty-five (25) feet in height and all façades give the appearance of a two-story structure as determined by the Design Review Board. p. Relief from the minimum height requirement in NG-1 Core Northgate and NG-2 Transitional Northgate for an existing structure undergoing only façade rehabilitation if the applicant shows that inherent site characteristics constrain the proposed project from meeting the requirement(s) herein. Relief shall not be considered for building expansions or additions. Sec. 5.9. Design District Dimensional Standards. The following table establishes dimensional standards that shall be applied within the design districts unless otherwise identified in this UDO: Design Districts KEY: SF = square feet NG-1 NG-2 NG-3 WPC Min. Lot Area N/A N/A N/A 2,400 SF Min. Lot Width N/A N/A N/A 24' Min. Lot Depth N/A N/A N/A 100' Min. Front Setback N/A N/A N/A 25' (a) Min. Side Setback N/A N/A N/A N/A (b) Min. Side Street Setback N/A N/A N/A 15' Min. Rear Setback N/A N/A N/A 15' Min. Setback from Back of Curb (c) 10' 10' 10' N/A Max. Setback from Back of Curb (c) 20' (d) (e) (f) 25' (d) (e) (f) 20' (d) (e) (f) N/A Max. Height (g) N/A N/A N/A N/A Min. Number of Stories 2 (h) 2 (h) 2 (h) N/A Min. Floor Area Ratio 1:1 (i) (j) 0.75:1 (i) (j) 1:1 (i) (j) N/A Notes: (a) The minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided or when side yard or rear yard parking is provided. ORDINANCE NO. 2023-4453 Page 126 of 335 (b) Lot line construction on interior lots is allowed where access to the rear of the building is provided on the site or by dedicated right-of-way or easement. (c) Minimum/maximum setback from the back of any curb includes lots with single frontage, lots with double frontage, and corner lots with multiple frontages. (d) If the width of any public easement or right-of-way is more than the maximum setback, the maximum setback will be measured from the edge of the public easement or right-of-way. (e) Maximum setback from the back of curb for University Drive is twenty-five (25) feet, Wellborn Road is thirty-five (35) feet, and South College Avenue is one hundred (100) feet. (f) When café seating is between the café's building and a right-of-way, the building may be setback a maximum of thirty-five (35) feet. (g) Refer to the Easterwood Field Airport Zoning Ordinance regarding height limitations. (h) The two-story requirement shall not apply to structures existing on or before April 2, 2006. (i) Places of worship are exempt from the floor area ratio requirement. (j) This area calculation shall not include any lot area encumbered by required easements, setbacks, sidewalks, detention, or an area dedicated to civic features. The area of a porch or arcade fronting a public street is included in the calculation of lot coverage. Sec. 5.10. Overlay Districts. In the event an area is rezoned to apply an overlay district, this district shall apply to all multi-family, commercial, and industrial property, and where applicable, to single-family, duplex, or townhouse development. The underlying district establishes the permitted uses and shall remain in full force, and the requirem ents of the overlay district are to be applied in addition to the underlying use and site restrictions. A. OV Corridor Overlay. This district is established to enhance the image of gateways and key entry points, major corridors, and other areas of concern, as determined by the City Council, by maintaining a sense of openness and continuity. The following supplemental standards shall apply to this district: 1. Setbacks. All buildings will be set back forty (40) feet from the right-of-way. Where parking is located in the front of the building, there shall be a front setback of twenty (20) feet from the right-of-way to the parking area and all drive aisles. 2. Signs. Freestanding signs shall be limited to the restrictions of the Signs Section of Article 7, Gene ral Development Standards of this UDO but shall not exceed the height of the building. 3. Building Colors. Building colors shall be neutral and harmonious with the existing man-made or natural environment, and only compatible accent colors shall be used. All colors shall be approved by the Administrator. The applicant must provide elevation drawings and color samples. 4. Special Restrictions for Retail Fuel Sales. In cases where the underlying zoning district allows fuel sales and a station is proposed, the following restrictions shall apply: a. Activities Restricted. 1) No major emergency auto repair; and ORDINANCE NO. 2023-4453 Page 127 of 335 2) No body, fender, or paint work. b. Signs. 1) Sign height shall be restricted by the provisions of the Signs Section of Article 7, General Development Standards of this UDO but shall not exceed the height of the building. 2) No freestanding fuel price signage shall be permitted. 3) Signs for air, water, and other similar services or products must meet the criteria for exempt signs as provided in the Signs Section of Article 7, General Development Standards of this UDO. B. RDD Redevelopment District. The purpose of this district is to facilitate the redevelopment of existing nonconforming commercial centers through flexible or relaxed standards, which can accommodate existing physical limitations and take extraordinary circumstances into account. The RDD Redevelopment District is an overlay district. The permissible uses on any site shall be governed by the underlying zoning. The following supplemental standards shall apply to this district: 1. Location. An RDD Redevelopment District may be established upon any commercially zoned property where the initial development was developed a minimum of twenty (20) years before the rezoning request and the proposed redevelopment meets the intent of this Section. Special consideration should be given to those areas considered "gateways" and/or historic, and those with proximity to Texas A&M University. 2. Standards. Although every effort should be made to meet all requirements of this UDO, designated RDD Redevelopment Districts may be allowed to waive up to fifty (50) percent of required parking standards and landscaping where physical limitations and the site's location and relationship to the goals of the Comprehensive Plan warrant consideration. A lesser percentage may be established as part of the approval process. 3. Criteria for Evaluation. Evaluation of all sites and site plans for rezoning to RDD Redevelopment District shall consider the following: a. Conformance with the Comprehensive Plan; b. Aesthetic contribution of the proposed redevelopment; c. Economic viability of the existing site; d. Physical limitations and the demonstrated inability to meet current requirements; e. Public health and safety standards; and f. Effort made to meet all standards of this UDO. g. Full engineering of sites may not be required for the establishment of an RDD Redevelopment District; however, a preliminary engineering study will be required which assesses parking, vehicular access and circulation, drainage, and utility requirements. 4. Procedure for Establishment. The procedure for rezoning to RDD Redevelopment District shall be the same as any other rezoning application except that a site plan of the proposed redevelopment of the site shall be carefully evaluated to ascertain the site plan's benefit to achieving the goals of the Comprehensive Plan. ORDINANCE NO. 2023-4453 Page 128 of 335 Elevations of proposed structures may be required as part of the review process, or to determine eligibility for rezoning. Full engineering may not be required for evaluating a property for rezoning. Varying levels of information may be required by the Administrator depending upon the peculiarities of any given site. The site plan components shall govern the redevelopment of the site following the approval of an RDD Redevelopment District. C. HP Historic Preservation Overlay. 1. Purpose. The HP Historic Preservation Overlay is intended to provide for the protection and preservation of places and areas of historical, cultural, and architectural importance and significance. Such action is necessary to promote the economic, cultural, educational, and general welfare of the public. Specifically, this district has the following expressed purposes: a. To protect and enhance the landmarks and districts which represent distinctive elements of College Station's historic, architectural, and cultural heritage; b. To foster civic pride in the accomplishments of the past; c. To protect and enhance College Station's attractiveness to visitors and the support and stimulus to the economy thereby provided; d. To ensure the harmonious, orderly, and efficient growth and development of College Station; e. To promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within College Station; and f. To encourage stabilization, restoration, and improvements of such properties and their values. 2. Applicability. The HP Historic Preservation Overlay may be applied to districts, areas, or individual property, regardless of the base zoning district or current use of the properties, that: a. Are at least forty (40) years old; b. Meet at least two (2) of the criteria listed below; and c. Possess historic integrity that is evident through historic qualities including location, design, setting, materials, workmanship, feeling, and association. 3. Criteria for Designation of HP Historic Preservation Overlays. A property or district may be designated if it: a. Possesses significance in history, architecture, archeology, and culture; b. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; c. Is associated with events that have made a significant impact in our past; d. Embodies the distinctive characteristics of a type, period, or method of construction; e. Represents the work of a master designer, builder, or craftsman; f. Represents an established and familiar visual feature of the neighborhood or city; or g. Is eligible for listing on the National Register of Historic Places, Recorded Texas Historic Landmark, or a State Archaeological Landmark, as determined by the Texas Historical Commission. ORDINANCE NO. 2023-4453 Page 129 of 335 4. Removal of an HP Historic Preservation Overlay. Upon recommendation of the Landmark Commission to the Planning and Zoning Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth in this UDO for designation, the Planning and Zoning Commission may recommend to the City Council and the City Council may remove an HP Historic Preservation Overlay made under this Section. 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 enhance 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 are to be applied in addition to the underlying zoning district standards. B. Applicability. Single-family overlay districts may only be applied to neighborhoods zoned and developed for single -family dwelling units. 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 Section above and the General Provisions Section of Article 7, General Development Standards of this UDO. In the event of a conflict between the single-family overlay district 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 or multiple contiguous phases of original subdivisions that apply jointly. 3. An application for an Official Zoning Map amendment to include a single-family overlay district may be filed 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, or multiple contiguous phases of original subdivisions that apply jointly in one application, in support of the overlay. The fifty (50) percent plus one (1) petition signatures must be met for each of the original subdivisions or each phase of an original subdivision that apply jointly. D. ROO Restricted Occupancy Overlay. 1. Purpose. The ROO Restricted Occupancy Overlay is intended to provide subdivision-specific occupancy regulations in single-family neighborhoods. ROO Restricted Occupancy Overlays are intended to preserve the single-family character of residential neighborhoods. 2. Applicability. The regulations of the ROO Restricted Occupancy Overlay apply to each single -family dwelling and accessory living quarter within the overlay. 3. General Provisions. a. The standards set forward in a ROO Restricted Occupancy Overlay must be based on the findings of the petition committee. ORDINANCE NO. 2023-4453 Page 130 of 335 b. The petition committee shall consist of property owners of platted single-family development from the original subdivision. In the circumstance where multiple c ontiguous phases of original subdivisions are applying jointly, the petition committee shall consist of one property owner from each phase included in the application. c. To be eligible to apply for a ROO Restricted Occupancy Overlay, improvements must exi st on at least 51 percent of the platted single-family lots in the original subdivision. 4. 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 the definition of family in the Defined Terms Section of Article 11, Definitions of this UDO. Accessory living quarter requirements are further specified in the Accessory Uses Section of Article 6, Use Regulations of this UDO. 5. Legacy Clause. a. Occupancy levels in individual single-family dwellings and accessory living quarters within an original subdivision, existing at the time a ROO Restricted Occupancy Overlay 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 the Nonconforming Uses Section of Article 9, Nonconformities of this UDO, shall apply, with the exception of the Continuance Subsection. b. 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 Restricted Occupancy Overlay was adopted. c. 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 Restricted Occupancy Overlay was adopted shall require approval of the Zoning Board of Adjustment. The Zoning Board of Adjustment may authorize such enlargement or expansion based on the following criteria: 1) That granting the enlargement or expansion will ensure the same general level of land use compatibility as the otherwise applicable standards; 2) That granting the enlargement or expansion will not materially or adversely affect adjacent land uses or the physical character of uses in the vicinity of the nonconforming use; and 3) That granting the enlargement or expansion will be generally consistent with the purposes and intent of this UDO. d. 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 Restricted Occupancy Overlay was adopted, provided that the structural alteration or renovation does not enlarge or expand the structure. e. 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 Restricted Occupancy Overlay 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: 1) That granting the structural alternation or renovation will ensure the same general level of land use compatibility as the otherwise applicable standards; ORDINANCE NO. 2023-4453 Page 131 of 335 2) That granting the structural alternation or renovation will not materially or adversely affect adjacent land uses or the physical character of uses in the vicinity of the nonconforming use; and 3) That granting the structural alternation or renovation will be generally consistent with the purposes and intent of this UDO. f. The use shall come into compliance with the ROO Restricted Occupancy Overlay standards at such time that any of the following occur: 1) The single-family dwelling or accessory living quarter is demolished; 2) The subdivision of land occurs, creating an additional lot or building plot; 3) 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 the Abandonment Subsection in the Nonconforming Uses Section of Article 9, Nonconformities of this UDO, or cause a loss of the legal nonconforming use status; 4) The structure containing the nonconforming use is enlarged, expanded, structurally altered, or renovated beyond the standards provided above in this Section; or 5) The termination of registration with the City's Rental Registration program. E. NCO Neighborhood Conservation Overlay. 1. Purpose. The NCO Neighborhood Conservation Overlay 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 Neighborhood Conservation Overlay is intended to provide additional standards for demolitions, new construction, additions, and redevelopment to promote development that is compatible with the existing character of the neighborhood. NCO Neighborhood Conservation Overlays are based on an in- depth study of the existing neighborhood conditions and should be used to protect the unique assets and qualities of the neighborhood. NCO Neighborhood Conservation Overlays may be used for neighborhoods that offer a distinct character that its residents and the City wish to preserve and protect. 2. Applicability. The regulations of the NCO Neighborhood Conservation Overlay apply to all single -family and accessory structures within the district. 3. General Provisions. a. The standards set forward in an NCO Neighborhood Conservation Overlay must be based on the findings of the petition committee. b. The petition committee may consist of property owners of platted single-family development from the original subdivision, or multiple contiguous phases of original subdivisions that apply jointly. c. NCO Neighborhood Conservation Overlays may not apply to neighborhoods originally platted in the last ten (10) years from the date of application submittal. 4. Options for Inclusion. In applying for an NCO Neighborhood Conservation 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. a. Minimum Front Setback. ORDINANCE NO. 2023-4453 Page 132 of 335 If a 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: 1) Contextual front setbacks as provided for in the Required Yards (Setbacks) Subsection of the General Provisions Section of Article 7, General Development Standards of this UDO; or 2) Contextual front setbacks as provided for in the General Provisions Subsection above; or 3) Fixed front setbacks. 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. Example Front Setbacks b. Minimum Side Street Setback. If a 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: 1) Contextual side street setbacks as provided for in the Residential Dimensional Standards Section above; or 2) 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. c. Minimum Lot Size (Area, Width, and Depth). If a 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: 1) Lot size (area and width) as provided for in the Platting and Replatting within Older Residential Subdivisions Subsection in the Lots Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO; or 2) Contextual lot size as provided for in the Residential Dimensional Standards Section above; or 3) Fixed lot size. A fixed lot size may be established; however, it may not be less than the lot size required by the underlying zoning district or more than the existing median size of building plots in the district. ORDINANCE NO. 2023-4453 Page 133 of 335 d. 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: 1) Contextual building height as provided for in the Residential Dimensional Standards Section above; or 2) 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. e. Tree Preservation. If tree preservation is selected for inclusion, the petition committee may choose to preserve any existing trees with a minimum of eight (8) inch 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 one (1) foot per inch caliper measured as a radius from the tree trunk. Barricades must be in place before 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. f. 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 inch caliper for inch caliper, or as determined by the Administrator. g. Maximum Impervious Surface. If a maximum impervious surface is selected for inclusion, a 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 (50) percent of the proposed decked area for the purpose of impervious cover. ORDINANCE NO. 2023-4453 Page 134 of 335 Example Impervious Surface Identification h. Garage Access. If garage access is selected for inclusion, the petition comm ittee may choose one (1) of the following methods of garage access based on the most frequent method of garage access within the subject neighborhood: 1) Front entry; or 2) Side entry; or 3) Rear entry. Garage Access Options i. 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: 1) Attached to the single-family structure; or 2) Detached from the single-family structure. Garage Connection Options ORDINANCE NO. 2023-4453 Page 135 of 335 j. 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 concerning the primary single-family structure within the subject neighborhood: 1) In front of the single-family structure; or 2) To the side of the single-family structure; or 3) To the rear of the single-family structure. Garage Location Options k. 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. l. Garage Requirement. If a garage requirement is selected for inclusion, the petition committee may require that a garage be required on properties within the subject neighborhood. m. 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, garage connection, or gar age location: 1) Set a minimum off-street parking standard of three (3) spaces per residential unit; 2) Set a maximum number of off-street parking spaces; 3) Set a maximum parking area and location per yard; 4) Set a required driveway width between 12 and 25 feet. n. Fencing. If fencing is selected for inclusion, the petition committee may select the maximum height. Article 6. Use Regulations Sec. 6.1. Purpose. The intent of this Article is to provide patterns of land use consistent with the Comprehensive Plan, and to encourage the arrangement of land uses to minimize conflicts among various types of land use activities while recognizing the City's need for such activities. ORDINANCE NO. 2023-4453 Page 136 of 335 Sec. 6.2. Applicability. The provisions of this Article shall not apply to property zoned BioCorridor Planned Development District. 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 based on 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 the Specific Use Standards Section below. Such uses are also subject to all other applicable regulations of this UDO. 3. Conditional Uses. A "C" indicates a use that is allowed only where a conditional use permit is approved by th e City Council. The Council may require that the use meet the additional standards enumerated in the Specific Use Standards Section below. Conditional uses are subject to all other applicable regulations of this UDO. ORDINANCE NO. 2023-4453 Page 137 of 335 USE TABLE Specific Uses R WE E WRS RS GS T ** D ** MH 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, District Purpose Sta tements and Supplemental Standards) RESIDENTIAL USES Assisted Living/Residential Care Facility P P P Boarding and Rooming House P P P P P Courtyard House P* Dormitory P P P P P P P P Duplex P P P P P Extended Care Facility/Convalescent/ Nursing Home P P P P 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 (a) P P P Multi-Family built prior to January 2002 P P P P P P P P Multiplex, Medium P P Multiplex, Small P P Shared Housing P P P P P Single-Family Detached P P P P P P P P P P P Single-Unit Dwelling P Split-Lot Duplex P P Townhouse P P P P P P P Two-Unit Dwelling P Live-Work Unit P* P* P* PUBLIC, CIVIC, AND INSTITUTIONAL USES Educational Facility, College and University P Educational Facility, Indoor Instruction P P P P P P P P P P P P P P Educational Facility, Outdoor Instruction P C C P P P P ORDINANCE NO. 2023-4453 Page 138 of 335 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 P Educational Facility, Tutoring P 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 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 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 P COMMERCIAL, OFFICE, AND RETAIL USES 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 (c) P P P P P P P P P P P P Car Wash P* Commercial Garden, Greenhouse, or Landscape Maintenance P* P* P* P* P* P* Commercial Amusement 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 Day Care, Commercial P (c) P P C P P P P P C C P P P P Drive-In/Thru 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 ORDINANCE NO. 2023-4453 Page 139 of 335 Funeral Home 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 Hotel C (b) P P P P P P P P Mobile Food Court C C C C C C C Night Club, Bar, or Tavern C C C C C P P Office P (c) 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 (c) 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/Studio P P P P P P P P P P P P* Recreational Vehicle Park C C Restaurant 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 (c) 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 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* 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 USES Storage Tank/Cold Storage Plant P P P ORDINANCE NO. 2023-4453 Page 140 of 335 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* P* Warehousing/Distribu tion 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 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 P Notes: (a) Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right. (b) Hotels are only allowed when accessory to a country club development and are limited to a maximum of fifteen (15) rooms. (c) Permitted in live-work units only. ORDINANCE NO. 2023-4453 Page 141 of 335 Sec. 6.4. Specific Use Standards. The following specific use standards shall apply to uses identified in the Types of Use Section above with a “P *.” A site plan review, as required by the Site Plans Section of Article 3, Dev elopment Review Procedures of this UDO, is required for all specific uses identified herein. For the purposes of this Section, buffers shall comply with the Buffer Requirements Section of Article 7, General Development Standards of this UDO unless specified herein. For the purposes of this Section, residential areas or uses shall mean existing developed or developing (platted) residential uses including single-family and multi-family dwelling units, townhomes, and duplexes. A. Animal Care Facilities. Any animal care facilities with defined outdoor uses and/or facilities shall be located a minimum of five hundred (500) feet from existing or developing residential areas. Animal care facilities with outdoor facilities for large animals shall be permitted in R Rural, only. B. Car Wash. Vacuums shall be located a minimum of one hundred (100) feet from any adjacent residential use. C. Commercial Amusements. All outdoor activity must be located a minimum of three hundred (300) feet from an existing residential use. D. Commercial Garden/Greenhouse/Landscape Maintenance. 1. Outdoor storage and display of unpackaged or bulk materials, including but not limited to topsoil, manure, and aggregate materials, shall be screened and located at least fifty (50) feet from all property lines and not closer than one hundred fifty (150) feet from an existing residential use. 2. No processes and business activities associated with commercial gardens may be conducted outside of buildings except in BP Business Park. E. Courtyard House. Courtyard house developments are also subject to the following requirements: 1. A courtyard house development shall not have more than twelve (12) units around one courtyard. 2. The width of the courtyard green, independent of the individual lots, shall be no less than thirty (30) feet. The courtyard shall include a walkway of at least five feet in width providing a direct path of pedestrian access to each residential lot along the courtyard. The design of the courtyard should be open and welcoming to the street, with any fencing and landscaping no higher than thirty-six (36) inches along the courtyard. 3. All courtyard houses must be served by rear or side alleys, with at least one side of the development having frontage to a public street as shown in the diagram below: ORDINANCE NO. 2023-4453 Page 142 of 335 Example Courtyard House Development F. Drive-In/Thru. 1. In all Northgate zoning districts, all site designs and elevations for drive-in/thru windows shall be reviewed by the Design Review Board as part of the site plan review process. All outside activities and appurtenances related to drive-in/thru service shall be located wholly underneath a habitable structure, screened from view from the University Drive right-of-way, and designed to be sensitive to the pedestrian environment. 2. In SC Suburban Commercial, drive-in/thru windows and message boards may not be located on the side of the building adjacent to single-family land use and zoning. 3. In SC Suburban Commercial, restaurants with a drive-in/thru window must be located a minimum of one hundred fifty (150) feet from any single-family use or zoning district. Additionally, associated drive- in and drive-thru facilities (speaker box, message board, and pick-up window) may not be located between the restaurant and any single-family use or zoning district; except when the single-family use or zoning district is located across a public street. G. Dry Cleaners/Laundry. All activity must be wholly contained within a building not to exceed three thousand (3,000) square feet in size. H. Fuel Sales. 1. Any vehicle repair uses must comply with the Vehicular Sales, Rental, Repair, and Service Subsection below. 2. All activities except those associated with fuel pumping must be conducted within an enclosed building. 3. Ice and vending machines must be enclosed in a building. 4. No signage, in addition to the signage allowed in the Signs Section of Article 7, General Development Standards of this UDO, may be allowed within view of the right-of-way. ORDINANCE NO. 2023-4453 Page 143 of 335 5. No outside storage or display of vehicles for any purpose. 6. A drive-thru car wash designed to accommodate one (1) vehicle shall be permitted as an accessory use. 7. In C-3 Light Commercial, fuel sales shall be limited to facilities designed to accommodate a maximum of four (4) vehicles obtaining fuel simultaneously. 8. Minimum setback requirements shall be as follows: Front Side Rear Side Street Fuel pumps 50 feet 25 feet 25 feet 25 feet Canopies 40 feet 15 feet 15 feet 15 feet 9. Storage tanks must be located below grade. 10. In WC Wellborn Commercial, fuel sales will be considered a permitted land use on properties with existing fuel sales as of April 14, 2011. I. Golf Course or Driving Range. 1. All driving ranges shall be a minimum of ten (10) acres and have a minimum field size of two hundred seventy-five (275) yards. 2. Driving ranges are classified as commercial enterprises and must comply with the Buffer Requirements Section of Article 7, General Development Standards of this UDOS. 3. For driving ranges, all balls must remain on the property through proper orientation of the tee boxes, adequate buffering or screening, and barrier nets. 4. No building, structure, or outdoor activity of a driving range shall be located within one hundred (100) feet of residentially zoned property. 5. All ground-level lighting of a driving range’s landing area shall be directed away from adjacent properties and screening shall be provided with plantings, berms, or other means to limit nuisances associated with lighting and resulting glare. J. Government Facilities and Utilities. Activities not wholly contained within a building shall not be located within one hundred (100) feet of a single-family residential use unless buffered by a twenty-five (25) foot buffer yard and a six (6) foot privacy fence in accordance with the Buffer Requirements Section of Article 7, General Development Standards of this UDO. K. Health Club/Sports Facility (Outdoor). In MU Mixed-Use and all NG Northgate Zoning Districts, outdoor health clubs/sports facilities shall only be allowed on rooftops. L. Live-Work Unit. 1. The square footage of the live-work unit may not be greater than as set forth in the International Building Code, as adopted. Currently, said maximum size is three thousand (3,000) square feet. Further, the non-residential use may not be more than fifty (50) percent of each live-work unit. 2. Each live-work unit shall not contain more than one (1) dwelling unit. The residential unit must be attached to the non-residential use and may be accessed separately from the non-residential use. 3. In a two-story building, the residential unit must be located on the second floor. 4. If a residential garage is provided, it must be attached and not visible from the public right -of-way. M. Manufactured Homes. ORDINANCE NO. 2023-4453 Page 144 of 335 1. The placement of an individual manufactured home, where permitted, or the replacement of an existing manufactured home shall be subject to obtaining a location permit issued by the Building Official and Administrator. The application for such a permit shall be accompanied by a location plan including the following information: a. Location plan showing the dimension of the site, required setback lines, the placement of the manufactured home, the designated parking, and any existing structures on the same or adjoining lots; b. A signed and dated application, requesting permission to locate the structure on the lot; and c. A legal description of the location of the property within the city. 2. All manufactured homes shall be skirted with brick, vinyl, or other solid skirting materials within four (4) months of occupancy of the lot. 3. All trailer hitches and other devices designed to aid in the transport of the manufactured homes must be removed within four (4) months of occupancy of the lot. N. Micro-Industrial Uses. 1. All production activities must be conducted within an enclosed building. No outside storage is allowed. 2. All micro-industrial uses are limited in size to no more than five thousand (5,000) gross square feet. 3. Accessory uses are permitted, provided that they are subordinate and incidental to the primary use. 4. In the CI Commercial Industrial and BPI Business Park Industrial zoning districts, an accessory restaurant, nightclub, bar, or tavern is not permitted. O. Mobile Food Court. Mobile food court shall mean a land use approved through a conditional use permit and developed in conformity with an approved site plan, where two or more mobile food vendors congregate to offer edible goods for sale to the public, and amenities are provided for all vendors’ customers. 1. Mobile Food Court Categories. a. Short-Term. 1) A short-term food court is temporary, intended to be an interim use on previously developed land where long-term utilization of the property or redevelopment is being investigated and/or pursued. A conditional use permit for a short-term mobile food court may be granted for a period of up to two (2) years. 2) A short-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) to five (5) mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court at least once a year to retain mobile food vendor status. c) Tables, chairs, and canopies for court customers. d) Signage for the mobile food court in accordance with the Signs Section of Article 7, General Development Standards of this UDO. e) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area so as not to disturb other surrounding property owners. ORDINANCE NO. 2023-4453 Page 145 of 335 3) A short-term mobile food court shall: a) Be located a minimum of one hundred (100) feet from a single-family, duplex, or townhouse zoning district. b) Have a site manager that will remain on the property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3:00 a.m. and 5:00 a.m. f) Provide only portable or temporary improvements to a site. Long-term or permanent improvements to a site are not allowed. g) Provide adequately maintained trash receptacles for customer use. h) Comply with general site plan requirements described in the Site Plans Section of Article 3, Development Review Procedures of this UDO, the applicable requirements of Article 7, General Development Standards of this UDO, and the Specific Use Standards for Mobile Food Courts Subsection below. b. Long-Term. 1) Long-term mobile food courts are intended to have more permanency than short-term mobile food courts and shall be held to the same development standards as restaurant developments, with the exceptions identified in the specific use standards below. 2) A long-term mobile food court may allow for: a) The establishment of a site that provides for the gathering of two (2) or more mobile food vendors. b) The mobile food vendors within the mobile food court to remain on their pad sites overnight. Note: Mobile food vendors are required to leave the mobile food court or move within the court at least once a year to retain mobile food vendor status. c) Mobile food vendors to access potable water and sewage disposal facilities onsite. If these utilities are made available, they shall be located in a manner to necessitate the movement of each mobile food vendor to access the utilities. d) Tables, chairs, and canopies or enclosed seating areas for court customers. e) Signage for the mobile food court in accordance with the Signs Section of Article 7, General Development Standards of this UDO. f) Small-scale entertainment and accessory uses for mobile food court customers, such as music (live acoustic or recorded) that is played or broadcast at a reasonable volume inside the court’s property boundaries and small playground area so as not to disturb surrounding property owners. g) Larger-scale entertainment and accessory uses for court customers, such as a volleyball court and bar, at a scale so as not to disturb surrounding property owners. h) Accessory structures. i) Alcohol sales with approved permits and licenses from the Texas Alcoholic Beverage Commission. ORDINANCE NO. 2023-4453 Page 146 of 335 3) A long-term mobile food court shall: a) Be located a minimum of one hundred (100) feet from a single-family, duplex, or townhouse zoning district. b) Have a site manager that will remain on the property during the hours of operation. c) Have all valid permits and licenses as required by the Brazos County Health Department. d) Allow only mobile food vendors that hold valid permits and licenses as required by the City of College Station and the Brazos County Health Department to operate within the mobile food court. e) At a minimum, not operate between the hours of 3:00 a.m. and 5:00 a.m. f) Comply with general site plan requirements described in the Site Plans Section of Article 3, Development Review Procedures of this UDO, the applicable requirements of Article 7, General Development Standards of this UDO, and the Specific Use Standards for Mobile Food Courts Subsection below. c. Restroom and Hand Washing Facilities for Short -Term and Long-Term Mobile Food Courts. 1) Mobile food courts will provide at least two (2) handicapped accessible porta potties with one (1) mobile handwashing station for every ten (10) mobile food vendors. 2) Mobile food courts that are within one hundred (100) feet of a public restroom facility may be exempted from the requirement for porta potties. 3) Mobile food vendors shall comply with the Brazos County Health Department’s requirements for hand washing facilities. 2. Specific Use Standards for Mobile Food Courts. The following shall apply to all short-term and long-term mobile food courts unless otherwise noted: a. Mobile food courts shall designate pad site locations for mobile food vendors. b. Mobile food vendor pad sites and dining areas shall be setback a minimum of one hundred (100) feet from rights-of-way and public ways. c. All mobile food vendor pad sites shall be separated from other pad sites, dining areas, and structures by a minimum of ten (10) feet. d. Pad sites and dining areas shall not be located within fire lanes, easements, setbacks, buffers, or visibility triangles. e. All mobile food vendors located in a mobile food court shall be on an improved, permanent surface as described in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. f. A minimum of two (2) off-street parking spaces shall be provided per mobile food vendor pad site. g. A minimum of a twenty (20) foot fire apparatus access route is required around a mobile food court. h. Mobile food vendors, portable restroom trailers, and other temporary structures shall not be subject to the Non-Residential Architectural Standards Section of Article 7, General Development Standards of this UDO. i. Electrical connections shall be provided for all mobile food vendors on site. Use of generators shall not be allowed in a mobile food court. ORDINANCE NO. 2023-4453 Page 147 of 335 j. Short-term mobile food courts only. 1) Short-term mobile food courts shall not impede vehicular circulation or block fire lanes or sanitation routes through the existing sites upon which they are located. 2) Short-term mobile food courts shall not be subject to the requirements of the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. 3) Short-term mobile food courts shall utilize existing solid waste collection sites on the properties on which they are located and provide proof of permission to do so. k. Long-term mobile food courts only. If water and wastewater facilities are provided to mobile food vendors in a long-term mobile food court, the site shall be designed to require all mobile food vendors to remain mobile to access these amenities. Additional tanks or portable tanks for wastewater are prohibited. P. Mobile Home. After the effective date of this UDO, a mobile home may not be located within the city limits of College Station for residential use. A mobile home legally located within the city limits of College Station may continue to be used as a residential dwelling but shall not be relocated or enlarged. A mobile home may be replaced by a manufactured home. Q. Parking as a Primary Use. In all Northgate zoning districts, parking as a primary use shall be permitted when all of the parking is located within a multi-level garage. R. Places of Worship. 1. Where the parking lot abuts residential development, a ten (10) foot buffer yard with buffer plantings and a minimum six (6) foot privacy fence is required pursuant to the Buffer Requirements Section of Article 7, General Development Standards of this UDO. 2. When outdoor accessory uses including but not limited to playgrounds, recreational areas, and special event areas abut residential uses, a minimum fifteen (15) foot buffer yard with buffer plantings and a six (6) foot privacy fence is required pursuant to the Buffer Requirements Section of Article 7, General Development Standards of this UDO. S. Radio/TV Station/Studios. In all Northgate zoning districts, outdoor transmission facilities shall be completely screened from view from any right-of-way. T. Recreational Vehicle Park Standards (RV Parks). 1. Recreational vehicle parks shall allow for the temporary occupancy of vehicles that are built on a single chassis that are designed to be self-propelled or permanently towable by a light-duty truck and are primarily for use as temporary living quarters for recreational, travel, or seasonal use. 2. Recreational vehicle parks shall be considered a non-residential use and shall meet the Buffer Requirements Section of Article 7, General Development Standards of this UDO as a commercial use, regardless of zoning. 3. No person shall operate a recreational vehicle park unless they hold valid permits and licenses as required by the State of Texas and the Brazos County Health Department. 4. Development of any recreational vehicle park shall comply with the general site plan requirements of the Site Plan Review Section of Article 3, Development Review Procedures of this UDO, and shall meet the following supplemental criteria: ORDINANCE NO. 2023-4453 Page 148 of 335 a. The minimum area of a recreational vehicle park shall be ten (10) acres and shall consist of two (2) or more recreational vehicle pad sites that are intended for temporary occupancy by recreational vehicles for the purposes of recreation or vacation. b. All recreational vehicle parks shall have direct access to a public road and shall include sufficient entrances and exits to facilitate the safe movement of recreational vehicles in and out of the site. Internal drives shall have a minimum paved width of twelve (12) feet for one-way traffic and twenty-four (24) feet for two-way traffic. All internal drives shall be built to City pavement standards and shall be privately maintained. c. All recreational vehicle parks shall designate specific pad site locations for recreational vehicles. 1) Each pad site location shall have a minimum area of one thousand five hundred (1,500) square feet with provisions for wastewater disposal, public water hook-up, and electrical supply. 2) All pad sites shall be sequentially numbered. Reflective site numbers shall be a minimum of four (4) inches in height and placed on a separate post on the site. A map of the site layout with site numbers shall be placed at the entrance to the park in such a manner as to be clearly visible to entrants. d. Recreational vehicle pad sites shall be separated from each other by a minimum of ten (10) feet. e. Recreational vehicle pad sites shall be separated from the recreation area in the park by a minimum of fifteen (15) feet. f. All recreational vehicle pad sites shall be setback a minimum of fifty (50) feet from the right -of- way line of all adjacent public roads and any recreational vehicle park boundaries. g. All recreational vehicle pad sites shall be setback a minimum of ten (10) feet from any internal drives in the park. h. A minimum of two (2) parking spaces shall be provided per recreational vehicle pad site. One (1) space shall be located on the recreational vehicle site, the remainder may be located in an approved parking area. The size and paving of all parking spaces shall conform to the requirements in the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. i. In all recreational vehicle parks, a recreation area shall be provided that shall be centrally located, free of traffic hazards, and easily accessible to all park residents. Recreation areas shall constitute a minimum of fifteen (15) percent of the gross recreational vehicle park site area and shall contain open space for recreational uses. Recreational areas shall also contain benches and landscaping. The area shall be adequately lit to ensure the safety of users. j. Recreational vehicle parks shall permit only seasonal placement and habitation of recreational vehicles. No recreational vehicle shall remain in a recreational vehicle park for more than one hundred twenty (120) days in any twelve (12) month period. U. Recycling Facilities. 1. Any facility located within five hundred (500) feet of property zoned or developed for residential use shall not be in operation between 7:00 p.m. and 7:00 a.m. 2. Light processing, including compacting, baling, and shredding, must be directly related to efficient temporary storage and shipment of materials. No recycling facility shall abut property zoned or developed for single-family residential use. 3. A minimum of six (6) parking spaces shall be provided, plus one (1) space per employee and for each vehicle of the facility. ORDINANCE NO. 2023-4453 Page 149 of 335 4. Each container shall be clearly marked to specify materials that are accepted. The name and telephone number of the operator and the hours of operation shall be conspicuously displayed. All sign regulations of the district in which the facility is located shall apply. 5. Each facility shall be screened from the public right-of-way by operating in an enclosed building with no outside storage or by operating within an area enclosed by an opaque fence at least eight (8) feet in height. V. Restaurant. 1. In C-3 Light Commercial and WC Wellborn Commercial, drive-ins and drive-thrus are prohibited. 2. In SC Suburban Commercial restaurants with a drive-in or drive-thru must be located a minimum of one hundred fifty (150) feet from any single-family use or zoning district. Drive-in and drive-thru facilities (speaker box, message board, and pick-up window) may not be located between the building and any single-family use or zoning district, except when the single-family use or zoning district is located across a public street. 3. In C-3 Light Commercial, the maximum size shall be two thousand five hundred (2,500) square feet. 4. In WC Wellborn Commercial, restaurants (including waiting and outdoor dining areas) may not exceed eight thousand (8,000) square feet and are permitted at the following maximum sizes based on the adjacent thoroughfare and access: a. Freeway/expressway and four- or six-lane major arterial: eight thousand (8,000) square feet; b. Four-lane minor arterial and four-lane major collector: seven thousand (7,000) square feet; or c. Two-lane major collector and smaller: five thousand (5,000) square feet. 5. In SC Suburban Commercial and WC Wellborn Commercial, restaurants shall not locate outdoor seating or playgrounds between the structure and a single-family land use and zoning. W. Retail Sales of Manufactured Homes. Manufactured homes undergoing repair and remaining on-site for more than forty-eight (48) hours shall be screened from public view in an enclosed area. X. Sales and Service (Retail and Wholesale). The following sales/storage matrix shall be used to determine the most appropriate zoning district for sales and service uses. Sales/Storage Matrix 1. Storage is allowed in GC General Commercial if the square footage of storage is less than fifty (50) percent of the total gross building area, exclusive of office areas. 2. Storage is allowed in WC Wellborn Commercial if the square footage of storage is less than fifty (50) percent of the total gross building area. 3. Sales are allowed in CI Commercial Industrial if the square footage of sales is less than fifty (50) percent of the total gross building area, exclusive of the office area. Minor Major WholesaleGC General Commercial CI Commercial Industrial RetailGC General Commercial CI Commercial Industrial Storage Sales ORDINANCE NO. 2023-4453 Page 150 of 335 4. Each sales use in a shopping center must meet the storage square-foot criteria above to be permitted in that zoning district. 5. In SC Suburban Commercial, the gross floor area of a single structure shall not exceed fifteen thousand (15,000) square feet. 6. In WC Wellborn Commercial, the gross floor area of a single struc ture shall not exceed ten thousand (10,000) square feet. Y. Salvage Yard. 1. Salvage or junkyards shall be visually screened on the front, rear, and all sides utilizing a solid eight (8) foot high wooden privacy fence. 2. Material that is not salvageable shall not be permitted to accumulate. In no case shall material that is not salvageable be buried or used as fill. 3. In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep -freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of one and one-half (1.5) cubic feet or more, from which the door has not been removed. Z. Sexually Oriented Business. 1. General. These requirements apply to all sexually oriented businesses as defined in this UDO. A business is not exempt from regulation under this UDO because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages or because it contains one (1) or more coin-operated machines that are subject to regulation or taxation, or both under State law. Regulations contained within this UDO applying to sexually oriented businesses are based on evidence concerning the adverse secondary effects of adult uses on the communities presented in findings incorporated in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986) and in studies set out below: a. Detroit, Michigan; b. Amarillo, Texas; c. Los Angeles, California; d. Indianapolis, Indiana; e. Phoenix, Arizona; f. St. Paul, Minnesota; g. Beaumont, Texas; h. Seattle, Washington; i. Austin, Texas. 2. Permitted Locations. A sexually oriented business is a permitted use at the following location only and is subject to the specific standards located in this Section and is subject to other applicable regulations of this UDO. Area 3: State Highway 6 Commercial Tract All that certain tract or parcel of land lying and being situated in the R. Stevenson Survey, Abstract No. 54, Tract 61, being all of that 2.116-acre tract conveyed to the Blue Dolphin Club, Inc. by deed recorded in volume 2079, page 133 in the Official Records of Brazos County, Texas. ORDINANCE NO. 2023-4453 Page 151 of 335 Map of the Potential Location 3. Single Adult Use Per Location. There shall only be one (1) sexually oriented business permitted per area. 4. Measurement. a. Stock in Trade. Stock in trade shall be the number of items in stock in the sales and display area at the time of a site inspection. The number of sexually oriented items shall be calculated as a percentage of total items. b. Sales and Display Area. 1) The sales and display area shall be the entire interior floor space of a business establishment devoted to sales and display, including aisles, measured in square feet at the time of a site inspection. The floor space devoted to sales and display of sexually oriented materials shall be calculated as a percentage of total sales and display area. 2) Where sexually oriented materials are physically separated from other materials by an eight-foot wall, the separate sales and display area (including any aisles) shall be compared to the total sales and display floor area. 3) Where the floor area includes a mixture of sexually oriented material with any other material, it shall be counted as sexually oriented. Any such area shall include fi fty (50) ORDINANCE NO. 2023-4453 Page 152 of 335 percent of the area of any aisles adjacent to the display or sales of sexually oriented materials. 5. Specific Standards. a. Adult Cabaret or Adult Retail Store. Any performance area shall be elevated at least twenty-four (24) inches above the level of the patron seating areas and shall be separated by a distance of at least six (6) feet from all areas of the premises to which patrons have access. A continuous railing at least three (3) feet in height, securely attached to the floor, and located at least six (6) feet from all points of the live performance area shall separate performance areas and patron areas. b. Adult Arcade; Adult Movie Theater. 1) All aisles shall have theater runway and aisle lighting which illuminates the entire floor surface of the aisle at a level of not less than two-tenths (0.2) foot-candles. 2) All theater viewing areas, projection rooms, and viewing booths or rooms shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination so that any patron may be observed from a manager's or employee's station. 3) The interior of an adult arcade, and/or adult viewing booth or room, shall be configured in such a way that there is an unobstructed view from a manager's or employee's station of every interior area of the adult arcade and/or viewing booth or room. 4) All ventilation devices in or between adult viewing booths, viewing stations, and rooms must be covered by a permanently affixed ventilation cover or grill. Ventilation holes, portals, or airways may only be located one (1) foot from the top of the station, room, or booth walls or one (1) foot from the bottom of the station, room, or booth walls. There may not be any other holes or openings in the station, room, or booth walls or between stations, rooms, or booths. c. Limited Adult Retail Store. The store shall separate all sexually oriented material from other sales and display areas using an opaque wall at least eight (8) feet in height. Such an area shall incorporate a management- controlled system of access to ensure that only persons over the age of eighteen (18) years are allowed to enter. 6. Lighting. Any sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access so that any patron may be observed from a manager's or employee's station. 7. Amortization. A sexually oriented business in operation prior to the effective date of this UDO which does not conform to the regulations listed above shall be considered to be nonconforming. The nonconforming sexually oriented business shall be permitted to continue for one (1) year after the effective date of this ordinance unless voluntarily discontinued for thirty (30) days or more. One (1) year after the effective date of this UDO the nonconforming sexually oriented business shall be illegal and shall terminate, except as provided herein. a. Additional Time for Amortization. In the event an owner of a nonconforming sexually oriented business is unable to recoup their investment in their sexually oriented business by the date for the termination of such uses, the ORDINANCE NO. 2023-4453 Page 153 of 335 owner may request additional time by making an application with the Administrator no later than the date for termination of the use. b. Application for Additional Time. The owner shall file, with their request for additional time, all data they wish considered in support of the request. The owner shall also supply all materials requested by the Administrator, City Attorney, or City Council to determine if the investment has been recouped. c. Determination by the City Council. Upon application by the owner, the City Council may, at its discretion, allow additional time to amortize the investment in a sexually oriented business if it makes the following findings: 1) The owner has made every effort to recoup their investment in the sexually oriented business; 2) The owner will be unable to recoup their investment in a sexually oriented business by the end of the amortization period; and 3) That all applicable provisions of this UDO will be observed. If the City Council grants additional time, the grant shall be for a period not to exceed one (1) year. d. Exemption from Amortization Requirements. Any owner of a sexually oriented business wishing to claim an exemption from the amortization requirements of this UDO may apply for an exemption. The City must receive an application no less than sixty (60) days prior to the expiration of the amortization period. The City Council may grant an exemption if it makes the following findings: 1) That the location of the sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public health, safety, or welfare; 2) That the granting of the exemption will not violate the spirit and intent of this UDO; 3) That the location of the sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; 4) That the location of the sexually oriented business will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal or restoration; and 5) That all other applicable provisions of this UDO will be observed. If an exemption is granted, such exemption shall be valid for one (1) year from the date of the City Council action. Upon expiration of an exemption, a sexually oriented business shall be in violation of this UDO, shall be illegal, and shall terminate, unless the owner receives another exemption. Additional applications for exemptions shall be submitted at least sixty (60) days prior to the expiration of the exemption period. The granting of an exemption does not alleviate the owner of a sexually oriented business from adhering to all other applicable provisions of this UDO. AA. Storage (Self-Service). 1. Accessory uses are prohibited. 2. In SC Suburban Commercial, self-service storage and outdoor storage must be located a minimum of one hundred fifty (150) feet from any single-family uses or zoning district; except when the single- family use or district is located across a public street. Additionally, the one hundred fifty (150) foot ORDINANCE NO. 2023-4453 Page 154 of 335 separation is not applicable when only interior access (climate-controlled storage) is provided, subject to other provisions of this UDO. 3. In WC Wellborn Commercial, self-service storage will be considered a permitted land use on properties with existing self-service storage as of April 14, 2011. AB. Utilities. Activities not wholly contained within a building that abuts single-family residential uses shall construct a twenty (20) foot buffer yard with a six (20) foot privacy fence, in accordance with the Buffer Requirements Section of Article 7, General Development Standards of this UDO. AC. Vehicular Sales, Rental, Repair, and Service. 1. Vehicles undergoing repair, painting, or body work that will remain on-site for more than forty-eight (48) hours shall be screened from public view or stored indoors. 2. Inoperable vehicles shall not be allowed to remain on-site for more than thirty (30) days. 3. All parts, including automobile body parts, shall be stored within an area that is completely screened from public view. AD. Wireless Telecommunication Facility. 1. Purpose. The purpose of this Section is to establish regulations for wireless telecommunications facilities that are consistent with federal and state law. The City Council finds that: a. It is in the public interest to promote competition in high-quality telecommunications services and the availability of broadband transmission services to all residences and businesses; b. It is in the public interest for the City to protect the public safety and welfare, safeguard community land values, promote orderly planning and development, and preserve historic sites, structures, and areas. Wireless telecommunications facilities should not be allowed to detract aesthetically from the visual quality of surrounding properties or the Ci ty; and c. The proliferation of wireless telecommunications facilities negatively impacts the appearance, character, and property values of the community. Therefore, the City should endeavor to minimize the size, number, and obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly encouraged to mitigate negative visual impacts and reduce the total number of towers within the City. 2. Wireless Telecommunication Facility Categories. To expedite the siting and review process, wireless telecommunications facilities have been divided into use categories. The review process is more thorough as the intensity of the use increases. a. Unregulated Facilities. The wireless telecommunications facilities listed below are not regulated by this ordinance and do not require review or approval. This does not exempt these facilities from other applicable City of College Station codes, ordinances, and permits. 1) Over-the-air reception devices exempted from local ordinances by the Federal Communications Commission (FCC). 2) Parabolic antenna less than two (2) meters in diameter. 3) Omni-directional antenna (“whip” antenna) six (6) inches or less in diameter and not extending more than twelve (12) feet above the support structure. ORDINANCE NO. 2023-4453 Page 155 of 335 4) Directional antenna one (1) meter or less measured across the longest dimension and not extending over twelve (12) feet above the support structure. 5) Public safety tower or antenna. b. Intermediate Facilities. 1) New transmission tower less than thirty-five (35) feet (ten and one-half (10.5) meters) in height. 2) New transmission tower that does not extend more than thirty-five (35) feet (ten and one- half (10.5) meters) in height above a support structure and that meets the definition of a stealth facility. 3) Parabolic antenna over two (2) meters in diameter. 4) Omni-directional antenna (“whip” antenna) greater than six (6) inches in diameter and/or extending twelve (12) feet above the support structure. 5) Directional antenna more than one (1) meter measured across the longest dimension and extending over twelve (12) feet above the support structure. 6) Attached wireless telecommunications facilities. 7) Antenna collocating on an existing tower. c. Major Facilities. New transmission tower greater than thirty-five (35) feet (ten and one-half (10.5) meters) in height. 3. Requirements for Attached Wireless Telecommunication Facilities. a. Wireless telecommunications facilities may attach to the exterior of any non-residential building within any zoning district provided the antenna and antenna support structure or equipment are mounted flush with the vertical exterior of the building or project no more than twenty-four (24) inches from the surface of the building to which it is attached and does not raise the h eight of the building more than ten (10) feet and does not violate the maximum height restriction of that zoning district. b. Any antenna meeting the stealth antenna definition of this ordinance and located on an alternative mounting structure may attach to the exterior of any non-residential building within any zoning district with the approval of the Administrator. c. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible. d. Application Procedures. 1) An inventory of the applicant's existing and future towers that are within the city limits, the extraterritorial jurisdiction, and within at least one (1) mile of the city limits. The inventory shall include specific information about the location, design, and height of each tower. The owner must have on file with the Planning and Development Services Department a master list of all existing tower structures owned or controlled by the owner. Such list must specify the name, address, and telephone number of the owner of record, the tower locations by address and legal description, tower height, the number of antenna arrays on the tower, and the names, addresses, and telephone numbers of all other users of the tower structures. The Administrator may share such information with other applicants or organizations seeking to locate antennas within the City. ORDINANCE NO. 2023-4453 Page 156 of 335 2) A site plan drawn to scale clearly indicating the location, height, and design of the proposed facility, equipment cabinets, transmission buildings and other accessory uses, access, parking, fences, and landscaped areas. 3) A visual impact analysis, presented as color photo simulations, showing the proposed site of the wireless telecommunications facility. At least four (4) views shall be submitted looking toward the site (typically north, south, east, and west) including views from the closest residential property and adjacent roadways. The photo-realistic representation shall depict a "skyline" view showing the entire height of the proposed tower or wireless telecommunications facility to scale, and the structures, trees, and any other objects contributing to the skyline profile. 4) Plans for the antenna and the antenna tower shall be prepared and signed by a licensed professional engineer and designed to withstand sustained winds of at least ninety (90) miles per hour. 5) All telecommunication facilities must meet or exceed the current standards and regulations of the Federal Aviation Administration (FAA), the FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities. An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. 4. Requirements for Collocation. a. Intermediate facilities shall not exceed thirty-five (35) feet. b. If the existing tower has been determined to be stealth, the antenna must be integrated into the tower design to retain the stealth designation. The Administrator will determine if the antenna is a stealth antenna. c. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment visually unobtrusive as possible. d. Application Procedures. 1) If not completely located within an existing, fenced mechanical area, a site plan drawn to scale is required, clearly indicating the location, height, and design of the existing facility, equipment cabinets, transmission buildings and other accessory uses, access, parking, fences, and landscape areas. 2) Plans for the antenna shall be prepared and signed by a licensed professional engineer and designed to withstand sustained winds of at least ninety (90) miles per hour. 3) All telecommunication facilities must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities. An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. 5. Requirements for New Transmission Towers. a. Setbacks. The standard setbacks for each zoning district will apply to wireless telecommunications facilities with additional setbacks or separation being required in the Subsections below. To protect citizens in their homes, transmission towers shall be placed at a distance equal to the height of the tower away from any residential structure. Non-stealth towers shall be set back at a distance equal to the height of the tower away from any GS General Suburban, R-1B Single-Family Residential, or D Duplex zone boundary. ORDINANCE NO. 2023-4453 Page 157 of 335 b. Proximity to Major Thoroughfares. To preserve and protect the appearance of the City's major thoroughfares and entrances to the city, additional setbacks are placed on wireless telecommunications facilities proposed to be placed near these areas. The setback for these areas is determined by measuring from the centerline of the right-of-way of the thoroughfare. Applicable thoroughfares include freeways and expressways, major arterials, and minor arterials as shown on the Comprehensive Plan Functional Classification & Context Class Map. 1) Intermediate wireless telecommunications facilities must be one hundred fifty (150) feet from applicable thoroughfares. 2) Major wireless telecommunications facilities must be setback from applicable thoroughfares by the height of the tower multiplied by three (3). c. Separation Between Towers. To prevent tower proliferation and protect the city's natural beauty and skyline, the number of transmission towers per square mile has been limited. New transmission towers must be placed a minimum distance from existing towers as described here: 1) New transmission towers thirty-five (35) feet or less in height shall be separated from existing towers by a minimum distance of one thousand five hundred (1,500) feet. 2) New transmission towers more than thirty-five (35) feet and less than seventy-five (75) feet in height shall be separated from existing towers by a minimum distance of two thousand five hundred (2,500) feet. 3) New transmission towers seventy-five (75) feet or more in height shall be separated from existing towers by a minimum distance of three thousand five hundred (3,500) feet. d. Height Limitations. 1) Intermediate wireless telecommunications facilities are subject to the normal height restrictions for each zoning district where they are permitted by right. In any zoning district where a tower is a conditional use, the requested height may be reduced through the review of the visual impact analysis. 2) In no case shall a proposed transmission tower exceed one hundred fifty (150) feet within the city limits, except where a height variance is granted by the Zoning Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating a tower or antenna exceeding such height on a proposed site within the city limits. e. Stealth Towers. Any tower determined to meet the stealth tower definition of this ordinance by the approving authority may be located in any zoning district with a conditional use permit. Approved stealth towers do not have to meet the tower separation or thoroughfare setback requirements of thi s Section. f. Landscaping, Screening, and Aesthetic Standards. The following requirements shall govern any transmission tower or any parabolic antenna larger than two (2) meters. 1) Landscaping: Refer to the Landscaping and Tree Protection Section of Article 7, General Development Standards of this UDO. Plant materials and/or fencing that effectively screen the wireless telecommunications facility site from the view of the public right-of-way will be required. ORDINANCE NO. 2023-4453 Page 158 of 335 2) New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or be painted in accordance with any applicable standards of the FAA (unfinished galvanized steel is not acceptable). 3) Wireless telecommunications facilities shall not be artificially lighted with the exception of motion detectors as security lighting unless required by the FAA or other applicable authorities. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties. 4) Towers may not be used to exhibit any signage or other advertising. g. Application Procedures. An application for administrative approval or a conditional use permit for a wireless telecommunications facility shall include the following items (in addition to the site plan and other information required for a standard conditional use permit application): 1) An inventory of the applicant's existing and future towers that are within the city limits, the extraterritorial jurisdiction, and within at least one (1) mile of the city limits. The inventory shall include specific information about the location, design, and height of each tower. The owner must have on file with the Planning and Development Services Department a master list of all existing tower structures owned or controlled by the owner. Such list must specify the name, address, and telephone number of the owner of record, the tower locations by address and legal description, tower height, the number of antenna arrays on the tower , and the names, addresses, and telephone numbers of all other users of the tower structures. The Administrator may share such information with other applicants or organizations seeking to locate antennas within the City. 2) Site plan drawn to scale clearly indicating the location, height, and design of the proposed tower, equipment cabinets, transmission buildings and other accessory uses, access, parking, fences, and landscaped areas. 3) The linear separation distance from other transmission towers within a one (1) mile radius of the proposed tower site. The linear separation distance from all residentially zoned properties, residential structures, and applicable thoroughfares as set forth in the Proximity to Major Thoroughfares Subsection above, within five hundred (500) feet of the proposed tower. 4) A visual impact analysis, presented as color photo simulations, showing the proposed site of the wireless telecommunications facility. At least four (4) views shall be submitted looking toward the site (typically north, south, east, and west) including views from the closest residential property and adjacent roadways. The photo-realistic representation shall depict a "skyline" view showing the entire height of the proposed tower or wireless telecommunications facility to scale, and the structures, trees, and any other objects contributing to the skyline profile. 5) Plans for the antenna and the antenna tower shall be prepared and signed by a licensed professional engineer and designed to withstand sustained winds of at least ninety (90) miles per hour. 6) All telecommunication facilities must meet or exceed the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities. An applicant for a permit shall submit an affidavit confirming compliance with applicable regulations. ORDINANCE NO. 2023-4453 Page 159 of 335 7) Grid plan (propagation map) of the service area for existing and future structures for not less than two (2) years. The submission should include a map showing the "search ring" that was required for siting the proposed facility. 8) No new tower shall be built, constructed, or erected in the city unless the tower is capable of supporting additional wireless telecommunication facilities. The applicant must submit a letter addressed to the City declaring an intent and willingness to construct a proposed tower that would allow additional service providers to locate on the new tower. 9) No new communications tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower, building, structure, or alternative technology can accommodate the applicant's proposed antenna. The applicant shall submit information related to the availability of suitable existing towers, other structures, or alternative technology that can accommodate the applicant's proposed antenna. The Administrator or approving authority may request information necessary to demonstrate that reasonable alternatives do not exist. The applicant must submit: a) The names, addresses, and telephone numbers of all owners of other towers or usable antenna support structures within a one-half (0.5) mile radius of the proposed new tower site, including City-owned property. b) An affidavit attesting to the fact that the applicant made diligent but unsuccessful efforts to obtain permission to install or collocate the new facility on existing towers or antenna support structures located within a one-half (0.5) mile radius of the proposed tower site. The affidavit shall spell out the efforts taken by the applicant. c) A description of the design plan proposed by the applicant to the City. The applicant must demonstrate the need for towers and why technological design alternatives, such as the use of microcells, cannot be utilized to accomplish the provision of telecommunications services. 6. Conditional Use Permits. Major wireless telecommunications facilities must apply for a conditional use permit as set forth in the Types of Use Section above, under the procedures set forth in the Conditional Use Permit Section of Article 3, Development Review Procedures of this UDO. In addition to the standard guidelines, the following additional factors shall be considered by the Planning and Zoning Commission when determining whether to grant a conditional use permit for wireless telecommunications facilities: a. Height of the proposed tower, surrounding topography, and surrounding tree coverage and foliage as they relate to: 1) Skyline impact, examining whether the massing of the structure appears to dominate or blend in with the surrounding environment. 2) Shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use or enjoyment of surrounding properties. b. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. c. Proximity of the tower to residential structures and residential district boundaries. d. Economic impact on adjacent and nearby properties. e. Proposed ingress and egress. f. Availability of suitable alternatives and/or existing support structures. g. All the information submitted as part of the site plan. ORDINANCE NO. 2023-4453 Page 160 of 335 7. Abandonment. Any wireless telecommunications facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of the facility shall remove same within sixty (60) days of receipt of notice from the City notifying the owner of such abandonment. If such facility is not removed within said sixty (60) days, the City may remove such facility at the property owner's expense. If there are two (2) or more users of a single wireless telecommunications facility, then this provision shall not become effective until all users cease operations on the tower. Sec. 6.5. Accessory Uses. A. Accessory Uses. Accessory uses are allowed with permitted, established primary structures and uses subject to the following: 1. The use or structure is subordinate to and serves a primary use or principal structure; 2. The accessory use shall be subordinate in area, extent, and purpose to the primary use served; 3. The accessory use shall contribute to the comfort, convenience, or necessity of occupants of the primary use served; 4. The accessory use shall be located within the same zoning district as the primary use is permitted; and 5. Accessory uses located in residential districts shall not be used for commercial purposes other than permitted home occupations. B. Accessory Structures. 1. In combination, all accessory uses shall contain no more square footage than twenty-five (25) percent of the habitable floor area of the principal structure or four hundred (400) square feet, whichever is greater. Garage or carport areas devoted to the storage of vehicles shall not be included in the calculation of the twenty-five (25) percent restriction. 2. No accessory structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building or structure if the Building Official has determined that it does not require a building permit. 3. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots, rear setbacks shall be measured from the rear property line. In no event shall more than thirty (30) percent of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures, or uses. 4. The maximum impervious cover of the lot's applicable zoning district, as defined in the Residential Dimensional Standards Section of Article 5, District Purpose Statements and Supplemental Standard s of this UDO, shall not be exceeded by the addition of accessory uses or structures. 5. The following restrictions shall apply to accessory buildings, structures, or uses other than garages, carports, and living quarters. a. A minimum rear setback of fifteen (15) feet; and, b. A maximum building eave height of eight (8) feet. 6. Garage and Carports. Garages and carports in residential zoning districts, including those of a temporary nature, shall have a minimum rear setback of twenty (20) feet. A minimum side yard setback of twenty (20) feet shall also be applied when garages and carports, including those of a temporary nature, gain access from a side street. All other setbacks shall be applied as required in the district in which the structure is located. The following restrictions shall apply to garages and carports: ORDINANCE NO. 2023-4453 Page 161 of 335 a. A minimum rear setback of twenty (20) feet; and, b. A minimum side street setback of twenty (20) feet is required for garages or carports that face onto side streets. 7. Living Quarters. In areas zoned and used for single-family residential use, accessory living quarters are allowed subject to the following: a. The property owner resides on-site and uses the subject property as their primary residence. b. There is a limit of one (1) accessory living quarter per building plot. c. No more than two (2) unrelated persons live in the accessory living quarters; and d. One (1) additional off-street parking space is provided for the living quarters. C. Home Occupation. A home occupation is an accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. 1. In-Home Day Care (six (6) or fewer people). 2. Bed and Breakfast. A bed and breakfast facility shall be considered accessory to a single-family dwelling. a. No more than four (4) unrelated individuals may occupy the property overnight. b. The facility must maintain a residential appearance and be the permanent residence of the proprietor. c. Limit the number of rooms to four (4) where shared/common bathrooms may be provided. d. No cooking facilities are permitted in individual rooms. 3. Taxicab Services. Taxicab services may be permitted as a home occupation provided that no more than two (2) commercial vehicles associated with a taxicab service are parked or stored on- or off-street at any time. 4. Exclusions to Home Occupations. No home occupation shall be permitted that results in any of the following: a. Changes the outside appearance of the dwelling; b. Is visible from the street; c. Generates traffic, parking, , water use, or wastewater use in excess of what is normal in the residential neighborhood; d. Results in the off-street or on-street parking of more than two (2) vehicles at any time not owned by members of the occupant family; e. Creates a hazard to persons or property; f. Results in electrical interference; g. Is a nuisance; h. Results in any outside storage or display; or i. Includes employment within the home or on the premise of persons other than members of the occupant's family. ORDINANCE NO. 2023-4453 Page 162 of 335 5. Prohibited Home Occupations. The following are prohibited as home occupations: a. Barber, beauty, and other personal service shops; b. Animal care facilities; c. Dance studios or schools; d. Mortuaries; e. Private clubs; f. Repair shops; g. Restaurants; h. Automobile paint or repair shops; i. Doctor, dentist, veterinarian, or other medically related offices; or j. Rooming/boarding house. D. Recycling Facilities - Small. 1. Single-Feed Reverse Vending Machines. Single-feed reverse vending machines may be located with a permit either in the interior or immediate exterior of commercial, industrial, or public facilities. 2. Small Collection Facilities. Small collection facilities may be permitted when established on an improved surface in conjunction with an existing commercial or industrial use or public facility. The host facility must comply with all City codes. No facility may occupy more than five hundred (500) square feet, nor occupy more than five (5) parking spaces of the host site. All vehicular and pedestrian circulation aisles shall be unobstructed. a. Setbacks. Each facility shall be set back at least ten (10) feet from any right-of-way line when located in front of the host use. Side, side street, and rear setbacks established for commercial uses shall be maintained. Containers intended for twenty-four-hour donation of materials shall be a minimum of forty (40) feet from property zoned or developed for residential use. Attended facilities within one hundred (100) feet of residentially zoned or developed property shall operate between the hours of 9:00 a.m. and 7:00 p.m. b. Landscaping. A small collection facility shall not be placed on the host site in such a manner as to impair the landscaping required for the subject site. c. Parking. One (1) space will be required if an attendant is provided. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the minimum number required by ordinance for the host site. d. Noise. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or developed property; otherwise, noise levels shall not exceed seventy (70) dBA. e. Signage. ORDINANCE NO. 2023-4453 Page 163 of 335 Each container must be clearly labeled with a sign, limited to one (1) per container and no larger than twenty (20) percent of the side upon which the sign is placed, to provide information about the type of material to be collected within the container, and the name and telephone number of a person responsible for maintenance who may be contacted at all times. E. Portable Storage Structures. 1. General Provisions. a. A permit shall be obtained prior to placing a portable storage container on the property unless otherwise exempted herein. b. The following are exempt from the requirements of this Section: 1) Property with an active building or development permit. 2) Properties zoned M-2 Heavy Industrial or BPI Business Park Industrial. M-2 Heavy Industrial and BPI Business Park Industrial that abut residential zoning districts or uses shall comply with this exemption. 3) Sites in which storage containers constitute a principal use, as determined by the Administrator. 4) Containers that receive site plan approval per the Development of a Permanent Storage Container Area Subsection below. c. Placing material on top of, or the vertical stacking of, portable storage containers is prohibited. d. Permits shall be posted on the storage container. If a container is replaced by another during the permit period, the permit shall be removed and placed on the newly placed container. If the container is visible from a right-of-way, then the permit shall be posted visibly from the right-of- way. e. Storage containers shall be placed outside of the right-of-way and the sight triangle as established in the Visibility at Intersections in all Districts Subsection of the General Provisions Section of Article 7, General Development Standards of this UDO. f. Storage containers shall be placed on an improved surface as specified in the Surfacing Subsection of the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. g. In the event of a natural disaster or extenuating circumstance, the Administrator may grant that a permit be extended up to thirty (30) additional days. h. An application for a permit for a storage container shall be accompanied by a fee as established by a resolution of the City Council. 2. Additional Provision for Residential Property. a. No more than one (1) portable storage container shall be allowed at a time per dwelling unit. b. A permit is not required for the first fourteen (14) days a storage container is located on residential property. An extension for up to an additional fourteen (14) days may be obtained through an approved permit. A storage container shall not be located on residential property for longer than twenty-eight (28) days. c. No more than two (2) permits may be issued to a dwelling unit per calendar year and there shall be a minimum of thirty (30) days between issuance of permits. d. No storage container shall exceed a height of eight (8) feet, a width of eight (8) feet, or a floor area of one hundred thirty (130) square feet. ORDINANCE NO. 2023-4453 Page 164 of 335 e. Storage containers may be screened from view of the right-of-way and adjacent properties instead of being placed on an improved surface. 3. Additional Provisions for Non-Residential Property. a. Temporary Placement. 1) Each address shall be allowed one (1) storage container. Additional storage containers are permissible provided that all containers do not utilize the area of more than five (5) percent of the existing parking spaces, or sixteen (16) spaces, whichever is smaller. 2) Storage container(s) shall not be allowed more than three (3) separate periods per calendar year and there shall be a minimum of thirty (30) days between the issuance of permits. 3) A permit shall remain valid for a maximum of forty-five (45) days. If multiple permits are allowed, all containers must be removed within forty-five (45) days of the date the initial permit is issued. 4) Storage containers shall not be placed in the front yard of a site, adjacent to right-of-way, or interfere with on-site traffic flow. If rear or side yard placement is not possible, the alternate location shall be approved by the Administrator. 5) Storage containers shall meet front and side street setbacks as stated in the Non- Residential Dimensional Standards Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. Storage containers shall also meet side and/or rear setbacks when the property line abuts a residential use. b. Development of a Permanent Storage Container Area. 1) In lieu of a permit, site plan approval identifying the location of an area to be used for the placement of storage container(s) for an indefinite period shall be obtained prior to placing container(s) on the property. 2) Storage container(s) shall be screened from view when visible from a right-of-way or adjacent property. If required, screening shall be accomplished by landscaping and an eight-foot wooden fence or wall. 3) Additional parking shall be provided based on the square footage of the screened area for the container(s) according to the Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO. Sec. 6.6. Temporary Uses. Temporary uses, as set forth below, are declared to have characteristics that require certain controls to ensure compatibility with other uses in the district within which they are proposed for location. A. Particular Temporary Uses Permitted. 1. Garage sales; 2. Indoor and outdoor art and craft shows, exhibits, and sales; 3. Sales of Christmas trees or other seasonal goods; 4. Religious revival tents; 5. Temporary buildings and equipment for uses incidental to construction work on premises in any zone that shall be removed upon the completion or abandonment of construction work. None shall be located on any public street or public right-of-way at any time during construction; ORDINANCE NO. 2023-4453 Page 165 of 335 6. Temporary facilities for manufacturing concrete or concrete products may be located in all zoning districts where they are directly associated with construction in the area. Retail sales of concrete products shall be prohibited in conjunction with temporary concrete plants. The production site must be returned to its pre-construction state following the completion of the associated project; and 7. Farmers' markets complying with the following requirements: a. Temporary outdoor sales of products in an unrefined state, by a State Certified Farmers' Market may be operated for a maximum of two (2) days per week and are permitted on: 1) Public properties, with locations approved by the Administrator, and 2) Private property in zoning districts that allow for retail sales as a permitted use. b. The market must be located within a paved parking lot and shall not utilize more than ten (10) percent of the required number of parking spaces on private property. The market may not be located within drive aisles, fire lanes, or parking setbacks, and in no case shall the market be located within the public right-of-way. c. The market must comply with the Signs Section of Article 7, General Development Standards of this UDO. Attached signs advertising the market, or any products for sale, must be securely attached to the sales area. Temporary freestanding signs and commercial banners, as described in the Signs Section of Article 7, General Development Standards of this UDO, are not permitted. d. The market shall have the approval of the City prior to location or sales. B. Temporary Residential Sales Offices and Model Homes. The following regulations shall apply to the conduct of temporary residential sales offices and model homes within residential zoning districts: 1. Temporary residential sales offices and model homes may be located within a residential district as part of an ongoing residential development; however, they shall only be located at the end of a residential block on the periphery of a subdivision or at the entrance to a subdivision; 2. Any temporary residential sales office or model home shall be removed or converted to a use permitted within the district when certificates of occupancy have been issued to ninety-five (95) percent of the associated residential units or when used as a sales office or model home has ceased; and 3. Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased and upon the sale of the home. Article 7. General Development Standards The following general development standards shall apply to all zoning districts, except where expressly stated to apply to, or exclude, specific districts. Sec. 7.1. Applicability. The following general development standards shall apply to all zoning districts, except where expressly stated to apply to, or exclude, specific districts. The provisions of this Article shall not apply to property zoned BioCorridor Planned Development District. Sec. 7.2. General Provisions. A. Health and Environmental Safeguards. ORDINANCE NO. 2023-4453 Page 166 of 335 No machine, process, or procedure shall be employed on any property in the city, in which: 1. Emission of smoke, dust, or noxious, toxic, or lethal gases are detectable beyond the perimeter of the property; 2. Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, contain oil or grease, wood, cellulose fibers, hair, feathers, or plastic, or have a pH factor gr eater than ten (10) or less than five (5); 3. Vibration is discernible beyond the property line; or 4. Noise above the ambient noise level is discernible beyond the property line. B. Minimum Requirements. 1. No building plot shall have lower or less stringent standards or dimensions than those prescribed for respective zones in this UDO. 2. No building permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this UDO except as provided for in Article 9, Nonconformities of this UDO. 3. In the absence of public water or public sewer, no building permit shall be issued until the lot meets all applicable requirements of this UDO and the Texas Department of Health and Environmental Control. A septic system that has been approved by the Brazos County Health Department may be permitted if an exception to sewer service has been granted under the Water and Sewer Service Article of Chapter 40, Utilities of the City of College Station Code of Ordinances. 4. Utilities using land or an unoccupied building covering less than one thousand (1,000) square feet of site area shall be exempt from minimum lot area standards. C. Visibility at Intersections in all Districts. Within a departure sight triangle as defined by the current edition of the American Association of State Highway and Transportation Officials' (AASHTO) A Policy on Geometric Design of Highways and Streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner that would obstruct the drivers' view at intersections. Sight triangles shall apply to street intersections, commercial driveways, and multifamily driveways. Obstacles prohibited include but are not limited to fences, walls, entry signage, structures, buildings, hedges, etc. However, fences, walls, and/or hedges that do not impair vision from three (3) feet to nine (9) feet above the curb may be permitted with the approval of the City Engineer. Required public use facilities such as fire hydrants, traffic signage, uti lity structures, etc. are exempted. D. Required Yards (Setbacks). 1. General Requirements. a. Setbacks are measured from the property line. b. On lots with approved rear access, the rear setback shall be measured from the nearest boundary of the access easement or alley. c. No structure that is taller than eight (8) feet in height and that has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed herein. d. No part of a yard or other open space required in connection with any building, building plot, or use for the purpose of complying with this UDO shall be included for any other building, building plot, or use as part of a yard or open space. e. Where an existing lot was created by an approved plat prior to July 15, 1970, and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use & Character Map, a new (infill) single-family dwelling unit shall use the adjacent lots to determine ORDINANCE NO. 2023-4453 Page 167 of 335 the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest neighboring units. Areas zoned NPO Neighborhood Prevailing Overlay are exempt from this requirement. Setbacks for areas zoned NCO Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area. 2. Reduction for Public Purpose. a. When an existing setback is reduced because of a recent or pending conveyance to a federal, state, or local government for a public purpose and the remaining setback is at least fifty (50) percent of the required minimum setback for the district in which it is located, then that remaining setback will be deemed to satisfy the minimum setback standards of this UDO. b. For the purposes of this Subsection, such conveyance shall have occurred within one (1) year immediately following submittal for site plan approval or be anticipated to occur within one (1) year of site plan approval. 3. Features Allowed Within Required Yards. The following features may be located within a required yard but may be subject to additional regulations applied herein: a. Trees, shrubbery, or other landscape features, excluding gazebos or other similar structures that require a building permit; b. Fences and walls; c. Driveways; d. Sidewalks; e. Utility lines, wires, and associated structures, such as power poles; f. Mechanical equipment, such as air conditioning units, pool pumps, and similar equipment; g. Uncovered porches, uncovered steps to building entrances, and uncovered patio decks; h. Covered porches that are open on three (3) sides, may extend up to six (6) feet, including eaves, into any required front or side street setback; i. Openwork fire balconies and fire escapes may extend up to six (6) feet into any required rear setback; j. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features may extend up to eighteen (18) inches into any required yard; k. Balconies or decks located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard; l. Accessory structures that do not require building permits; m. Bus stops that offer shelter from the elements. Such shelters may be located within a front or side street yard. Shelters may be located within a public right-of-way if a private improvement in public right-of-way permit has been duly issued; and n. Swimming pools and hot tubs without shelter. E. More Than One (1) Principal Structure on a Lot or Parcel. 1. In any single-family, duplex, or townhouse zoning district, including MH Middle Housing, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot. 2. In all other districts, more than one (1) structure housing a permitted principal use may be erected on a building plot. Yard and other requirements herein shall apply to the building plot. ORDINANCE NO. 2023-4453 Page 168 of 335 F. Fences/Walls. Fences of wood, chain-link, or similar material, and less than eight (8) feet in height, and walls of brick, stone, concrete, or similar material, and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit. G. Low-Density Residential Height Protection. 1. Purpose. The purpose of low-density residential height protection is to help mitigate the 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 non- residential uses when adjacent to low-density residential uses and districts. 2. Applicability. a. This Subsection shall apply to all multi-family structures, structures with shared housing uses, and non-residential structures to be constructed or reconstructed in any way that would increase the building height as defined in the Defined Terms Section of Article 11, Definitions 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 any of the NG Northgate design districts, RDD Redevelopment Districts, or P-MUD Planned Mixed-Use Development 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; 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 Comprehensive Plan Future Land Use & Character Map. Such developments at the periphery of the mixed-use area or area identified as appropriate for redevelopment shall meet the terms of this Subsection, when applicable; or 8) When the developing property and all abutting properties are designated Mixed Residential on the Comprehensive Plan Future Land Use & Character Map, regardless of existing use or zoning. Unless otherwise excepted, the regulations herein shall apply to properties at the periphery of the Mixed Residential land use designation. 3. Slope Requirement. a. Multi-family and multiplex structures, structures with shared housing uses, and non-residential structures shall not be taller than fifty (50) percent of the linear distance from the property line that is shared with a single-family, manufactured home park, or townhouse use or district as illustrated by the inclined plane in the graphic below. ORDINANCE NO. 2023-4453 Page 169 of 335 When the adjacent lot is one dedicated by plat for detention or open area and is not buildable for a detached single-family house, manufactured home, residential amenity, or townhouse, the measurement shall be taken from the closest property line shared with a buildable detached single-family, manufactured home, or townhouse lot. Example of Low-Density Residential Height Protection 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 the peak of the 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 (2) 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 (1) 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. H. Public Address Systems. Public address systems shall not be audible to adjacent residential uses. I. Bicycle Facilities. 1. Number Required. a. For sites subject to the Non-Residential Architectural Standards Section below except for Mini- Warehouse/Self-Storage, Industrial and Manufacturing land uses, and property located in the Rural Zoning District, the number of bicycle parking spaces shall be as set forth in the chart below and in any event no less than two (2) bicycle parking spaces must be provided. b. Bicycle Parking Requirements: The number of bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following. ORDINANCE NO. 2023-4453 Page 170 of 335 Number of Required Bicycle Parking Spaces c. Notwithstanding the above, in multi-tenant buildings over twenty thousand (20,000) gross square feet, one (1) or more facilities capable of storing eight (8) bicycles shall be provided at a minimum. d. In MU Mixed-Use districts, bicycle storage facilities shall be provided at a rate of one (1) bicycle for every fifteen thousand (15,000) square feet of non-residential uses, and one (1) bicycle for every two (2) dwelling units. e. Refer to the Alternative Parking Plan Subsection of the Off-Street Parking Standards Section below for the potential to substitute additional bicycle facilities for vehicular parking. 2. Placement and Design. a. Facilities shall be separated from motor vehicle parking to protect both bicycles and vehicles from accidental damage and shall be sufficiently separated from building or other walls, landscaping, or other features to allow for ease and encouragement of use. This separation shall be a minimum of three (3) feet. b. In areas with limited sidewalk space and frequent bicycle activity, bicycle parking may be provided in bicycle corrals located in the vehicular parking area adjacent to a curb. The design will be considered as the context dictates as approved by the Administrator. Bicycle corrals shall be designed to distinguish and define the parking stall they inhabit for visibility and safety purposes. The corral should be well defined, such as generally surrounded by a painted white box on the pavement with flexible vertical delineators and a wheel stop where vehicles in adjacent parking spots might back into the corral. See the example image below: Example of a Bicycle Corral c. Where bicycle facilities are provided for two (2) bicycles, a standard footprint that is at least four (4) feet wide by six (6) feet long shall be used. ORDINANCE NO. 2023-4453 Page 171 of 335 Examples of Bicycle Parking Footprint and Dimensions d. Facilities shall be placed in clearly designated, safe, and convenient locations and such that no primary building entrance is further than one hundred fifty (150) feet from a bicycle facility. e. Bicycles may be permitted on sidewalks or other paved surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic. f. Bicycle facilities shall be constructed to enable the user to secure a bicycle by locking the frame and one (1) wheel of each bicycle parked therein. Facilities must be easily usable with both U - locks and cable locks and support the bicycle frame at two (2) points. Facilities shall be anchored securely to the ground. J. Pedestrian Facilities. 1. In SC Suburban Commercial and WC Wellborn Commercial districts, pedestrian connections adjacent to residential areas shall be provided as determined by the Administrator to enhance pedestrian and bicycle mobility and connectivity. 2. In MU Mixed-Use districts, sidewalks that are a minimum of eight (8) feet wide shall be provided along all public rights-of-way, streets, and public ways adjacent to and within the development. 3. For sites subject to the Non-Residential Architectural Standards Section below except for MU Mixed- Use districts: a. Public entry façades of retail buildings that exceed two hundred (200) feet in horizontal length shall place a minimum ten (10) foot sidewalk along the full frontage of its public entry façade. Tree wells and planter boxes may be placed along this walkway in a manner that does not obstruct pedestrian movement. Bike parking facilities are allowed in this area. Vehicular parking or cart storage is prohibited. Outside display is allowed but only if it does not occupy more than ORDINANCE NO. 2023-4453 Page 172 of 335 thirty (30) percent of this area and meets the requirements of the Outside Storage and Display Section below. b. A site or sites that are part of a building plot over ten (10) acres shall provide designated connections among primary buildings and pad sites for pedestrian and bicycle traffic. Locations for sidewalks and bicycle parking facilities shall be provided and shown on the site plan. Pedestrian walkways may be incorporated into the landscape strips separating parking areas only if the strip is ten (10) feet in width. Pedestrian walkways shall be a minimum of five (5) feet wide and shall connect public street sidewalks, transit stops, parking areas, and other buildings in a design that ensures safe pedestrian use. c. A site or sites that are part of a building plot over ten (10) acres shall provide one (1) plaza developed as an integral part of the development and not less than five hundred (500) square feet in area. This area shall not count toward the required parking islands. This area shall incorporate a minimum of three (3) of the following: 1) Seating components; 2) Structural or vegetative shading; * 3) Water features; * 4) Decorative landscape planters; * 5) Public art; * 6) Outdoor eating accommodations; or 7) Hardscape elements at entrances and within the parking area such as decorative pavers, low masonry walls, clock towers, etc. * These public areas may be located within the parking landscape areas. Sec. 7.3. Off-Street Parking Standards. A. Purpose. The purpose of this Section is to establish the guidelines for off-street parking areas consistent with the proposed land use to: 1. Reduce the occurrence of non-resident on-street parking in adjoining neighborhoods; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking areas; 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City; and 4. Provide flexibility and parking alternatives for developing and redeveloping properties to increase their viability. B. Off-Street Parking Spaces Required. 1. In all districts, for all uses, at the time any building or structure is erected, enlarged, or increased in capacity, or at any time any other use is established, there shall be off-street parking spaces provided for motor vehicles in accordance with the requirements specified herein, except as noted below. Exception: a. In all single-family residential and townhouse uses, at the time of construction, redevelopment, or when an addition to the number of existing bedrooms is completed there shall be off-street parking spaces provided for motor vehicles in accordance with the requirements specified herein. ORDINANCE NO. 2023-4453 Page 173 of 335 2. Where off-street parking facilities are provided in excess of the minimum amounts specified by this Section, or when off-street parking facilities are provided but not required, said off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space as specified in this Section. 3. It shall be unlawful to discontinue or dispense with, or cause the discontinuance or reduction of, the required parking facilities apart from the discontinuance of the building, use, or structure without establishing alternative off-street parking facilities that meet these requirements. C. Dimensions, Access, and Location. This Section applies to any development or redevelopment of uses other than single -family residential, duplexes, or townhouses unless otherwise noted. 1. Each off-street parking space for automobiles shall have an area of not less than nine (9) feet by twenty (20) feet and each stall shall be striped. This standard shall apply for off-street parking for all uses including single-family residential, duplexes, and townhouses. Single-family residential and townhouses are not required to stripe parking spaces. 2. For properties designated as a Redevelopment Area on the Comprehensive Plan Future Land Use & Character Map, a new single-family structure may locate its parking, including both required and additional parking in the areas described below: a. Anywhere on the lot behind the structure with no limit on the size of the area; b. Anywhere in the side yards of the lot with no limit on the size of the area; and c. An area located in front of the structure not to exceed a size equivalent to fifty (50) percent of the front portion of the property. The front portion of the property is the area of the lot within the side lot lines, the front setback, and the public right-of-way line (see graphic below). The square footage of parking allowed by this calculation may be located within or outside the boundary of the area used for calculations (see graphic below). The portion of the driveway located between the front property line and the structure shall be included in the maximum parking area square footage. ORDINANCE NO. 2023-4453 Page 174 of 335 Allowable Location for Parking in a Redevelopment Area 3. For all detached single-family uses other than as set forth above, at the time of construction, reconstruction, or addition to the number of existing bedrooms, parking shall be located in the areas described below: a. Anywhere on the lot behind the structure with no limit on the size of the area. Parking located behind the structure shall be screened by a solid hedge wall, fence, or wall, at le ast six (6) feet in height. All solid hedge walls shall be one hundred (100) percent opaque. All shrubs planted for a hedge wall shall be a minimum of fifteen (15) gallons each and evergreen; b. Anywhere in the side yards of the lot with no limit on the size of the area; and, c. Any area located in front of the primary structure not to exceed a size equivalent to fifty (50) percent of the front area. The front area is defined as the area of the lot within the side lot lines, the front plane of the primary structure and the public right-of-way (see graphic below). The driveway area shall be included in this calculation. ORDINANCE NO. 2023-4453 Page 175 of 335 Allowable Location for Parking for Detached Single-Family Uses 4. When existing detached single-family parking is expanded in front of the structure, it shall not exceed a size equivalent to fifty (50) percent of the front area as described above. 5. In the MH Middle Housing zoning district, single-family, townhouses, and live-work units may locate parking in front of the structure as long as three or fewer parking spaces are required, and the parking area does not exceed a size equivalent of fifty (50) percent of the front area as described above. 6. In the MH Middle Housing zoning district, courtyard houses, duplexes, and multiplexes shall locate parking between the rear plane of the primary structure and the rear property line. 7. An eighteen (18) foot paved space (ninety (90) degree only) may be utilized where the space abuts a landscaped island with a minimum depth of four (4) feet. An eighteen (18) foot space may also be used when adjacent to a sidewalk provided that the minimum width of the sidewalk is six (6) feet. This standard shall also apply to off-street parking for single-family residential, duplexes, and townhouses. 8. The width of an alley may be assumed to be a portion of the maneuvering space requirement for off- street parking facilities located adjacent to a public alley. This standard shall apply for off-street parking ORDINANCE NO. 2023-4453 Page 176 of 335 for all uses including single-family residential, duplexes, townhouses, and small and medium multiplexes. 9. Each parking space intended for use by the handicapped shall be designed in accordance with the standards of the Texas Architectural Barriers Act (TABA) administered by the Texas Department of License and Regulation. 10. Each parking space and the maneuvering area thereto shall be located entirely within the boundaries of the building plot except where shared parking is approved by the City. 11. All parking spaces, aisles, and modules shall meet the minimum requirements, as shown in the following table. All dimensions are measured from face of curb to face of curb or wall to wall. Parking Space and Aisle Dimensions Graphic Parking Space and Aisle Dimensions A – Angle B – Width of stall C – Depth of stall 90° to aisle D – Width of aisle E - Width of stall parallel to aisle F – Module width One way Two way One way Two way 0° 22’ 10’ 12’ 20’ 22’ 22’ 40’ 45° 9’ 21.1’ 12’ 20’ 12.7’ 54.2’ 62.2’ 60° 9’ 22.3’ 15’ 22’ 10.4’ 59.6’ 66.3’ 90° 9’ 20’ 23’ 23’ 9’ 63’ 63’ 12. Parking lots located within fifteen (15) feet of a public right-of-way shall have a maximum of seven (7) contiguous spaces separated by an eighteen (18) by twenty (20) foot landscaped island. ORDINANCE NO. 2023-4453 Page 177 of 335 13. All parking lots and drive aisles shall be setback a minimum of six (6) feet from any public right-of-way or public way. In sites subject to the Non-Residential Architectural Standards Section below, where parking or drive aisles are located between the building and the public right-of-way or public way, there shall be a minimum setback of ten (10) feet from the public right-of-way or public way to the parking area or drive aisle. 14. In SC Suburban Commercial and WC Wellborn Commercial districts, parking shall not be located between the structure and an adjacent single-family use or zoning district. Drive aisles and service aisles shall be permitted between the structures and an adjacent single-family use or zoning district. 15. Parking is discouraged along entrance drives and should be limi ted on major circulation aisles of large developments and major retail centers. 16. The Design Review Board may waive parking lot dimension requirements in the WPC Wolf Pen Creek and NG Northgate districts if the development meets the goals of the master plan for the respective district. D. Landscape Islands. 1. End Islands. a. A raised island, encompassing not less than one hundred eighty (180) square feet in area, shall be located at both ends of every interior and peripheral parking row, regardless of the length of the row. End islands may have sidewalks through them. Examples of interior and peripheral parking are shown in the figure below. Landscaped End Islands Graphic b. All end islands must be raised at least six (6) inches and curbed, with the majority of the area of each island planted or treated with enhanced paving. The soil within the planted area shall not be compacted or stabilized and shall be contiguous with the soil at the natural grade. 2. Interior Islands. a. All interior islands shall be evenly distributed throughout the interior of the parking area. ORDINANCE NO. 2023-4453 Page 178 of 335 b. For every fifteen (15) interior parking spaces, one hundred eighty (180) square feet of landscaping must be provided somewhere in the interior rows of the parking lot. Interior island areas may be grouped and configured as desired provided that circulation aisles remain clear, and the minimum island area is not less than one hundred eighty (180) square feet. Interior islands may have sidewalks through them. c. In the MH Middle Housing zoning district, for every five (5) parking spaces located off alleys or in shared parking areas, ninety (90) square feet of landscaping must be provided somewhere along the parking row in a raised interior island. Islands should be spaced evenly along the property, or properties, that have a shared parking agreement. Interior islands may have sidewalks through them. These sidewalks shall count as part of the landscaping. c. End island areas that exceed the minimum required may be counted toward the interior parking island requirement. d. All interior islands must be raised at least six (6) inches and curbed, with the majority of the area of each island planted or treated with enhanced paving. The soil within the planted area shall not be compacted or stabilized and shall be contiguous with the soil at the natural grade. E. Requirements Apply to All Parking Areas. Every parcel of land hereafter used as a public parking area, including commercial parking lots, visitor parking areas for single-family and townhouse uses, and parcels used for open-air sales lots, shall be developed and maintained in accordance with the requirements in this Section and as described in the City of College Station Site Design Standards. The requirements in this Section do not apply to overflow parking for churches, nor to temporary overflow parking for City events and temporary parking for special events. F. Surfacing. 1. General. All surfacing of off-street parking areas shall be constructed of either asphalt or concrete as described in the City of College Station Site Design Standards. Alternatives to the standards may be approved by the Administrator if it is demonstrated that the materials and design are equal or superior to the requirements in the Standards. All off-street parking areas shall be graded to drain and be maintained to dispose of surface water accumulated within the area. Parking spaces shall be arranged and marked to provide for orderly and safe parking of vehicles. 2. Non-Public, All-Weather Drive Surfaces. Temporary or permanent drive surfaces required for emergency access or turnaround for emergency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the Administrator for the specific conditions stated below: a. Temporary All-Weather Surface (During Construction). A structure under construction must be accessible by an all-weather drive surface as specified in the City of College Station Site Design Standards. This temporary all-weather surface must be reworked or replaced to meet the permanent pavement standard as described in the City of College Station Site Design Standards prior to the issuance of a certificate of occupancy. b. Semi-Permanent All-Weather Surface (During Phasing). During the phasing of a large project, emergency access points and turnarounds often must be added as a temporary measure until additional phases are constructed. These emergency access areas may consist of permanent pavement surfaces as specified in the City of College Station Site Design Standards. When the additional phase is constructed, these areas must be removed or ORDINANCE NO. 2023-4453 Page 179 of 335 reworked to meet the permanent pavement standards as described in the City of College Station Site Design Standards. c. Permanent Surfaces. 1) All-Weather Surface (Permanent). In some development scenarios, an emergency access point or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases, the area required for emergency access only may meet the permanent pavement standards as specified in the City of College Station Site Design Standards. 2) Permeable Surface. a) The use of porous materials (such as permeable concrete and pavers) to mitigate stormwater sheeting and pooling of water may be used in off-street parking areas if the material meets vehicular loading standards and is approved by the Administrator. b) Fire lanes may be constructed of porous materials such as permeable concrete and pavers to mitigate stormwater sheeting and pooling of water, so long as it is demonstrated that the permeable surface can obtain sufficient land and compaction ratings for its application as approved by the City of College Station Fire and Solid Waste Departments. c) Single-family and townhouse visitor parking areas, as required in Single-Family Residential Parking Requirements for Platting Subsection below, may also be constructed of porous materials such as permeable concrete and pavers to mitigate stormwater sheeting and pooling of water. d) Permeable surfaces approved as provided above shall be maintained in accordance with industry standards and to achieve mitigation of stormwater sheeting and pooling of water. Failure to maintain permeable surfaces as required herein shall constitute a violation of this Section of the UDO for which penalty provisions may be involved. G. Curbing Required. 1. General. The perimeter of all paved surfaces shall be curbed as described in the City of College Station Site Design Standards. Unless otherwise required by this Section, curbs may be omitted where drive aisles or parking spaces are located adjacent to a building if bollards or other protective devices are installed to protect pedestrian areas. Alternatives to the standards may be approved by the Administrator if it is demonstrated that the materials and design are equal or superior to the requirements in the Standards. 2. Temporary Curbing. A temporary curb may be permitted in lieu of the minimum standard stated in the City of College Station Site Design Standards, at the discretion of the Administrator, when a project is phased in such a way that a permanent, monolithic curb may preclude the development of future phases or limit access to a recorded private or public access easement adjoining properties. Wheel stops shall not be permitted as temporary curbing. Temporary curbing must have the appearance of permanent curbing and shall be temporarily attached to the pavement surfacing below and meet the minimum standards for dowelled-in curbs as described in the City of College Station Site Design Standards. H. Number of Off-Street Parking Spaces Required. In computing the number of parking spaces required, the following rules shall govern: ORDINANCE NO. 2023-4453 Page 180 of 335 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 WPC Wolf Pen Creek and NG Northgate districts if the development meets the goals of the master plan for the respective district. 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 Courtyard House BR 1.0 Minimum of 2, Maximum of 4 ORDINANCE NO. 2023-4453 Page 181 of 335 Duplex/Split-Lot Duplex 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 Service Area 200 s.f. 1.0 ORDINANCE NO. 2023-4453 Page 182 of 335 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 Multiplex 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, 1.0 ORDINANCE NO. 2023-4453 Page 183 of 335 and a laundry room. The Administrator may also exclude additional rooms, but not below the number of BRs. 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 ORDINANCE NO. 2023-4453 Page 184 of 335 number of off-street parking spaces is adequate for the proposed use and has been successfully employed in other locations. I. Drive-Thru Facility Queuing Requirements. 1. Minimum Number of Spaces. Drive-thru queuing spaces shall be provided as indicated in the following table: Minimum Off-Street Queuing Requirements Activity Type Minimum Spaces Measure From Automated Teller Machine 3 Teller Bank Teller Lane 4 Teller or Window Car Wash Stall, Automatic 4 Service Position Car Wash Stall, Self-Service 3 Service Position Dry Cleaning or Laundry 2 Window Oil Change Station 3 Service Position Photo Lab 4 Pick-Up Window Restaurant Drive-Thru 4 Order Box Restaurant Drive-Thru 3 Order Box to Pick-Up Window Other As determined by the Administrator 2. Design and Layout. Queuing spaces or queuing areas shall be designed in accordance with the following criteria: a. Queue spaces or queuing areas may not interfere with parking spaces, parking aisles, loading areas, internal circulation, or driveway access; b. Each queue space shall consist of a rectangular area not less than ten (10) feet wide and eighteen and one-half (18.5) feet long with a vertical clearance as specified in the International Building Code, as adopted; c. Queue spaces are not interchangeable with parking spaces except for the following uses where the space providing services may count toward the parking requirement: bank teller, car wash, and oil-change station; d. A twelve (12) foot bypass lane may be required adjacent to queue lines to allow vehicles an opportunity to circumvent the drive-thru activity and exit the site; e. Queue areas and drive-thru facilities shall be clearly identified with the appropriate signing and marking; and f. Spaces within a car wash facility or drive-thru oil change station may be counted toward the queuing requirement. J. Alternative Parking Plans. 1. Scope. An alternative parking plan represents a proposal to meet vehicle parking and transportation access needs by means other than providing parking spaces on-site in accordance with the ratios established in the Required Parking Section above. ORDINANCE NO. 2023-4453 Page 185 of 335 2. Applicability. Applicants who wish to provide fewer or more off-street parking spaces than allowed above shall be required to secure approval of an alternative parking plan, in accordance with the standards of this Section. The Administrator may require that an alternative parking plan be submitted in cases where the Administrator deems the listed standard to be inappropriate based on the unique nature of the use or in cases where the applicable standard is unclear. 3. Contents. Alternative parking plans shall be submitted in a form established by the Administrator and made available to the public. At a minimum, such plans shall detail the type of alternative proposed and the rationale for such a proposal. 4. Review and Approval Procedure. The Administrator shall be authorized to approve alternative parking plans. Appeals of the Administrator's decision may be made to the Planning and Zoning Commission. 5. Recording. An attested copy of an approved alternative parking plan shall be submitted to the Brazos County Clerk's Office for recordation on forms made available in the Planning and Development Services Department. Proof of recordation of the agreement shall be presented to the Administrator prior to the issuance of a building permit. An approved alternative parking plan may be amended by the Administrator. 6. Eligible Alternatives. Several specific parking and access alternatives are described below. The Administrator shall, however, be authorized to consider and approve any alternative to providing off-street parking spaces on the site of the subject development if the applicant demonstrates that the proposed plan shall result in a better situation with respect to surrounding neighborhoods, City-wide traffic circulation, and urban design than would strict compliance with otherwise applicable off-street parking standards. a. Demand-Based Parking. When the developer of a non-residential or multi-family development can demonstrate that such development will require fewer parking spaces than required by the standards of this Section, the Administrator may permit a reduction in the number of required parking spaces for the development. Such a reduction in parking spaces shall be justified by the applicant through the development of a parking study prepared by a professional engineer or transportation planner and submitted to the Administrator. Single-family, duplex, and townhouse developments are not eligible for the demand-based parking option. b. Shared Parking. The Administrator may authorize a reduction in the number of required off-street parking spaces for multiple-use developments or for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards: 1) Location. Shared off-street parking spaces shall be located no farther than five hundred (500) feet from the building site. The Administrator may waive this distance limitation if adequate assurances are offered regarding the usability of the shared lot and the principal use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. ORDINANCE NO. 2023-4453 Page 186 of 335 Shared-parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Shared parking areas shall require the same or a more intensive zoning classification than that required for the most intensive of the uses served by the shared parking area; 3) Required Study and Analysis. The applicant shall submit a shared parking analysis to the Admini strator that clearly demonstrates the feasibility of shared parking. The study shall be provided in a form established by the Administrator and made available to the public. It shall address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that shall be sharing off-street parking spaces. The Administrator shall have the authority to require a revised study and analysis should conditions change that may result in a change in site parking conditions; 4) Shared Parking Agreement. A shared parking plan shall be enforced through a written agreement among the owners of record. An attested copy of the agreement shall be submitted to the Brazos County Clerk's Office for recordation on forms made available in the Planning and Development Services Department. Proof of recordation of the agreement shall be presented to the Administrator prior to issuance of a building permit. If a shared parking agreement is revoked by the parties to the agreement, either off-street parking must be provided pursuant to this Section or an alternative parking plan must be approved by the Administrator; and 5) Revocation. Failure to comply with the shared parking provisions of this Section shall constitute a violation of this UDO and shall specifically be cause for the revocation of a certificate of occupancy or building permit. c. Off-Site Parking. The Administrator may permit all or a portion of the required off-street parking spaces to be located on a remote and separate lot from the lot on which the principal use is located, subject to the standards of this Section. 1) Location. No off-site parking space shall be located more than five hundred (500) feet from the building site. The Administrator may waive this distance limitation if adequate assurances are offered regarding the usability of the off-site lot and the principal use (such as the operation of a van or shuttle service, etc.). 2) Zoning Classification. Off-site parking areas shall be considered accessory uses of principal uses that the parking spaces are intended to serve. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served; 3) Off-Site Parking Agreement. In the event an off-site parking area is not under the same ownership as the principal use served, a written agreement among the owners of record shall be required. An attested copy of the agreement between the owners of record shall be submitted to the Brazos County Clerk's Office for recordation on forms made available in the Planning and Development Services Department. Proof of recordation of the agreement shall be presented to the Administrator prior to the issuance of a building permit. If an off-site ORDINANCE NO. 2023-4453 Page 187 of 335 parking agreement is revoked by the parties to the agreement, either off -street parking must be provided on-site pursuant to this Section, or an alternative parking plan must be approved by the Administrator. d. Bicycle Parking. The Administrator may authorize reducing the number of required off-street parking spaces by up to five (5) percent for developments or uses that make special provisions to accommodate bicyclists. Examples of accommodations include bicycle lockers, employee shower facilities, dressing areas for employees, or the provision of bicycle parking spaces above the minimum requirements provided that adequate accessibility by motor vehicle and bicycle to the subject site is maintained. For developments that provide bicycle parking spaces above the minimum requirements, the reduction in automobile parking spaces shall be calculated at a one -to-one ratio. Sec. 7.4. Access Management and Circulation. A. Location of Existing and Planned Multi-Modal Routes. Any proposed development shall take into account the location of existing and planned multi-modal routes (i.e., bikeways, pedestrian ways, and transit routes) and provide pedestrian and/or vehicular connections to the route(s) within or adjacent to the development. B. Easements. 1. Street Access. No use shall be permitted to take direct access to a street except as allowed in this Section. a. Local Streets. All residential uses and associated visitor parking areas may take direct access to local stree ts. Residential visitor parking areas may take direct access to local streets via a driveway; however, no backing maneuvers onto local streets shall be allowed. Non-residential uses shall not take direct access to local streets, provided that any lot located within a non-residential subdivision or any parcel adjacent to a street within a non-residential subdivision may take direct access to the local street internal to the subdivision, and provided that any corner lot abutting a local street and an arterial or collector street or freeway/expressway may take access to the local street if such access is required by the highway governmental authority having jurisdiction. b. Minor Collector Streets. No single-family dwelling, duplex, or townhouse shall take direct access to minor collector streets except when permitted by Article 8, Subdivision Design and Improvements of this UDO. Residential visitor parking areas may take direct access to minor collector streets via a driveway; however, no backing maneuvers onto local streets shall be allowed. c. Major Collector Streets. No single-family dwelling, duplex, townhouse, or multiplex shall take direct access to major collector streets. Residential visitor parking areas may take direct access to major collector streets via a driveway; however, no backing maneuvers onto local streets shall be allowed. d. Arterial Streets. No single-family dwelling, duplex, townhouse, or multiplex shall take direct access to arterial streets. e. Shared Driveways. ORDINANCE NO. 2023-4453 Page 188 of 335 The Development Engineer may require a shared driveway at the time of platting, development, or redevelopment of the affected lots. When MH Middle Housing lots take access from a public street, one (1) driveway shall be allowed for every two (2) lots, unless a rear alley is provided. The Administrator may approve up to three (3) lots to take access from a single driveway if a shared access easement is provided. See the example diagram below: MH Middle Housing Shared Driveways 2. Cross-Access Easements. a. If a parcel is to be developed for any non-residential land use, a cross-access easement shall be provided by the property owner to adjoining properties that front on the same street and that are, or may be, developed as non-residential land uses. b. Cross-access easements shall be situated parallel to the street right-of-way line abutting both parcels. The property owner shall maintain access easements. c. The property owner shall provide appropriate documentation of a good faith effort to extend the access easement through all immediately abutting properties. If such an effort fails, the portion of the easement on the subject site shall be developed and designed to ensure future connection to the neighboring properties. d. Where a cross-access easement is granted, no permanent structures or parking that would interfere with the proposed access shall be permitted in the easement. Some improvements such as medians and parking islands may be constructed within an access easement if it has been demonstrated that adequate circulation and cross access have been accomplished and that all applicable standards of this UDO have been met. e. The Development Engineer may waive the requirement for an easement of access required above in those cases where unusual topography or site conditions would render such an easement of no useable benefit to adjoining properties. f. The Development Engineer may approve the vacation of an easement of access in those cases where adjoining parcels are subsequently developed with a residential use. C. Driveway Access Location and Design. ORDINANCE NO. 2023-4453 Page 189 of 335 1. General. a. It shall be unlawful for any person to cut, break, or remove any curb or install a driveway along a street except as herein authorized. Openings in the curb may be approved by the Development Engineer for the purposes of drainage. b. It shall be unlawful for any person to construct, alter, extend, permit, or cause to be constructed, altered, or extended any driveway approach which can be used only as a parking space or area between the curb and private property. c. This Section shall be deemed to be supplemental to other Sections regulating the use of public property, and in case of conflict, this Section shall govern. d. Adequate sight distance shall be provided for a passenger motor vehicle making a le ft or right turn exiting from a driveway. This determination shall be made by the Development Engineer. e. The specifications and guidelines set forth in this UDO are to be applied to driveways providing access to commercial and multi-family developments and visitor parking areas for single-family and townhouse uses. Single-family and duplex residential driveways are excluded from this policy unless otherwise indicated. f. As determined by the Development Engineer, engineering judgment shall override the required dimensions set forth in this Section if warranted by specific traffic conditions. 2. Location of Driveway Access. a. In determining the location of driveway access, the Development Engineer shall consider: 1) The characteristics of the proposed use; 2) The existing traffic flow conditions and the future traffic demand anticipated on the development and the adjacent street system; 3) The location of the property; 4) The size of the property; 5) The orientation of structures on the site; 6) The number of driveways needed to accommodate anticipated traffic; 7) The number and location of driveways on existing adjacent and opposite properties; 8) The location and carrying capacity of intersections; 9) The proper geometric design of driveways; 10) The spacing between opposite and adjacent driveways; 11) The internal circulation between driveways; and 12) The speed of the adjacent roadway. b. Driveway access to arterials shall not be permitted for parking or loading areas that require backing maneuvers in a public street right-of-way. Driveway access to collector streets for commercial or multi-family developments shall not be permitted for parking or loading areas that require backing maneuvers in a public street right-of-way. c. One (1) curb cut shall be allowed for access to single-family and duplex residential tracts. Alternative access configurations, including circle driveways, may be allowed upon approval by the Development Engineer. ORDINANCE NO. 2023-4453 Page 190 of 335 d. For corner residential lots, if a backing maneuver would be required, the side access driveway connection to the street shall be subject to rear building setback requirements with a maximum of twenty (20) feet. e. No cuts through a left-turn reservoir of a median shall be permitted, to provide for left-turn movements to driveway approaches. f. Driveways in right-turn lane transition areas shall not be permitted. The right-turn lane transition area is defined as the taper and deceleration/acceleration length. g. When a commercial or multi-family development abuts more than one (1) public street, access to each abutting street may be allowed only if the following criteria are met: 1) It is demonstrated that such access is required to adequately serve driveway volumes and will not be detrimental or unsafe to traffic operations on public streets. The Development Engineer may require the submittal of a traffic study that demonstrates that such access is required. 2) The minimum requirements for corner clearance for commercial or multi -family driveways are met. 3. Spacing of Driveway Access. a. Application of the driveway access location and design standards requires identification of the functional classification of the street on which access is requested and then applying the appropriate spacing requirements. The City of College Station streets are classified as follows and defined in Article 11, Definitions of this UDO: 1) Major arterial; 2) Minor arterial; 3) Collector; and 4) Local street. b. Major arterial, minor arterial, and collector streets in the City of Col lege Station are indicated on the Comprehensive Plan Functional Classification & Context Class Map. The functional classification of any street in the city not indicated as an arterial or collector street on this plan shall be determined using the functional street classification defined by the current edition of the American Association of State Highway and Transportation Officials' (AASHTO) A Policy on Geometric Design of Highways and Streets. c. Driveway access spacing shall be measured from the centerline of the proposed driveway pavement to the nearest edge of the roadway of the adjacent or opposite driveway or street as indicated in the illustration below. Driveway Spacing Diagram ORDINANCE NO. 2023-4453 Page 191 of 335 d. A minimum of one hundred twenty-five (125) feet shall be required for opposite left driveways for all street classifications. e. If the centerline of an opposite drive is less than fifteen (15) feet from the centerline of the proposed drive, the drives form an intersection, and the minimum spacing requirements shall apply for the closest drive. f. Spacing of Adjacent Driveways. 1) Adjacent drives shall be located no closer than the spacing requirement in the table below. The Development Engineer or their designee may allow adjacent driveway spacing less than the spacing requirement below if it is determined that favorable conditions exist under peak traffic conditions. 2) On divided streets with raised or depressed medians, it is the City's policy to align other streets, alleys, private roads, and driveways on either side of the median openings. Therefore, when locating such an intersection, it shall be assumed that this type of intersection will exist at median openings, and other intersections between median openings should be spaced accordingly. The Development Engineer may waive this requirement if an existing condition precludes access at a median opening. 3) Residential alleys may be allowed on major collectors, minor collectors, and local streets at spacings less than those shown in the table below with the approval of the Development Engineer. Adjacent Driveways Street Classification Spacing (feet) Major Arterial 350 Minor Arterial 300 Major Collector 235 Minor Collector and Local Street* 175 * This standard does not apply to single-family residential, duplexes, or townhomes. g. Spacing of Opposite Right Driveways. 1) Opposite right driveways shall be located no closer than the standard requirements of the table below. The Development Engineer may allow opposite right spacing below the standard spacing requirement if it is determined that favorable conditions exist under peak traffic conditions. 2) Additional opposite right spacing over and above that set forth in the table below may be required if it is determined by the Development Engineer that there is insufficient left turn queue storage or weave maneuver area between the opposite right and proposed driveway. This determination shall be made under peak traffic conditions. 3) On roadways that include raised or depressed medians prohibiting left-turning movements, this standard shall not apply. 4) Residential alleys may be allowed on major collectors, minor collectors, and local streets at spacings less than those shown in the table below with the approval of the Development Engineer. Opposite Right Driveways Street Classification Spacing (feet) ORDINANCE NO. 2023-4453 Page 192 of 335 Major Arterial 400 Minor Arterial 350 Major Collector 300 Minor Collector and Local Street* 175 * This standard does not apply to single-family residential, duplexes, or townhomes. 4. Freeway/Expressway Frontage Road Access and Location Requirements. a. Driveways shall be located in accordance with the most recent version of the Access Management Manual as administered by the Texas Department of Transportation (TxDOT). b. These guidelines apply to existing and planned interchanges. c. In addition to ramp spacing, driveways on frontage roads under the jurisdiction of the Texas Department of Transportation shall also meet the other requirements of this Section as major arterial streets. 5. Corner Clearance. a. No residential driveway approach shall be constructed within the site distance triangle detailed in the Visibility at Intersections in all Districts Subsection of the General Provisions Section above. b. At intersections of arterials with channelized right turn lanes with yield control, a corner clearance distance in accordance with those set forth in the illustration below shall be required for the first downstream driveway when adjacent spacing requirements cannot be met due to lack of frontage, and all means to acquire shared access drives or cross-access easements have been exhausted. This distance shall be measured from the channelized median to the nearest edge of the proposed driveway as indicated in the illustration. Channelized Right-Turn Lane Guideline c. When the requirements of the previous two (2) tables cannot be met due to lack of frontage and all means to acquire shared access driveways or cross-access easements have been exhausted, no commercial driveway approach may be located closer to the corner than seventy-five (75) feet on collector streets, one hundred (100) feet on minor arterials, and one hundred twenty (120) feet for major arterials. This measurement shall be taken from the intersection of property lines ORDINANCE NO. 2023-4453 Page 193 of 335 at the corner. When these requirements cannot be met due to a lack of frontage, the driveway may be located such that the radius will begin at the farthest property line. 6. Shared Access. a. A joint private access easement may be required between adjacent lots fronting arterials and collectors to minimize the total number of access points along those streets and to facilitate traffic flow between lots. The location and dimensions of said easement shall be determined by the Development Engineer. b. A private cross-access easement may be required across any lot fronting on an arterial or collector street to minimize the number of access points and facilitate access between and across individual lots. The location and dimension of said easement shall be determined by the Development Engineer. c. A joint private access easement is required between adjacent lots that share driveways in the MH Middle Housing zoning district. 7. Geometric Design of Driveway Access. a. All driveways shall meet the Bryan/College Station Unified Design Guidelines. b. Curb cuts for driveways shall not be permitted in the curb return of an intersection. c. The curb return radii for driveways intersecting at right angles with the roadway and without a deceleration lane shall be as follows: 1) Curb return radii for residential (single-family, townhouse, duplex, and multiplex) driveways shall be between three (3) feet and ten (10) feet. Flare-type residential driveways must also adhere to these dimensional criteria. 2) Curb return radii for commercial and multi-family driveways shall vary between twenty-five (25) feet and thirty (30) feet. When special traffic conditions exist, the Administrator may require larger curb return radii of up to fifty (50) feet. 3) Curb return radii for driveway types not included above shall be determined by the Administrator. d. The maximum width of the residential driveway approach, measured at the property line, shall not exceed twenty-five (25) feet in width, while the minimum width shall not be less than twelve (12) feet. e. The maximum width of commercial, multiplex, and multi-family driveway approaches for two- way operation shall not exceed thirty-six (36) feet, except that the Administrator may issue permits for driveway approaches greater than thirty-six (36) feet in width on major streets to handle special traffic conditions. The minimum width of commercial and multi -family driveway approaches for two-way operation shall be not less than twenty-four (24) feet. f. The combination of two (2) driveways for residential circular drives shall not exceed twenty-five (25) feet. g. The angle of the driveway approach shall be approximately ninety (90) degrees for two-way drives and between forty-five (45) degrees and ninety (90) degrees for one-way drives. h. A minimum driveway throat length shall be required to allow traffic entering the site to be stored on-site, avoiding a queue of traffic onto the adjacent roadway causing delays to the through traffic stream. The driveway throat length shall be defined as the distance from the street to the first point of conflict in the driveway. Minimum driveway throat depths are provided in the figure below. For more intense uses (i.e., retail shopping centers) a minimum throat depth of one hundred thirty (130) feet will be required. ORDINANCE NO. 2023-4453 Page 194 of 335 Throat Depth Requirements i. Gated residential communities shall use the Private Streets and Gating of Roadways Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO as a guideline for throat depth and entry designs. j. For the benefit of traffic safety and flow on collector and arterial streets, access points may be required to be designed to prohibit certain types of turning movements. Driveways not meeting the standard opposite and adjacent spacing guidelines may be designed for limited access by the addition of a median to the driveway. k. For the benefit of traffic safety and flow on collector and arterial streets, auxiliary lanes may be required at driveways where high turning volumes are expected. l. A right-turn deceleration lane with storage length plus taper may be required for any access with a projected peak hour right-turn ingress turning volume greater than fifty (50) vehicles per hour. If the posted speed is greater than forty (40) miles per hour, a right-turn deceleration lane and taper may be required for any access with a projected peak hour ingress turning volume greater than twenty-five (25) vehicles per hour. m. Driveways shall be constructed to avoid altering the drainage patterns of the street and adjoining property. n. Driveways shall be constructed to provide a crossing path within the right-of-way that meets the minimum Texas Accessibility Standards. o. A right-turn acceleration lane with taper may be required for any access with a projected peak hour right-turning volume greater than fifty (50) vehicles per hour when the posted speed on the roadway is greater than forty (40) miles per hour. The design of right-turn deceleration lanes shall be in accordance with the current edition of the AASHTO A Policy on Geometric Design of Highways and Streets on auxiliary lanes. p. The spacing requirements for driveways not meeting the specifications in the Driveway Access Location and Design Subsection above may be lessened or waived if auxiliary lanes are used. ORDINANCE NO. 2023-4453 Page 195 of 335 q. Access points on arterial and collector streets may be required to be signalized, to provide safe and efficient traffic flow. A development may be responsible for all or part of any right-of-way dedication, design, hardware, or construction costs of a traffic signal if it is determined that the signal is necessitated by the traffic generated from the development. The procedures for signal installation and the percent of financial participation required of the development in the installation of the signal shall be in accordance with criteria set forth in the City's Traffic Signal Policy. Sec. 7.5. Signs. A. Purpose. The purpose of this Section is to establish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. B. Applicability. The City Council recognizes that signs are necessary for visual communication for public convenience and that businesses and other activities have the right to identify themselves by using signs that are incidental t o the use on the premises where the signs are located. The Council herein seeks to provide a reasonable balance between the right of a person to identify their business or activity, and the rights of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location, and construction of signs. This Section will ensure that signs are compatible with adjacent land uses and with the total visual environment of the community, in accordance with the Com prehensive Plan. 1. The City Council finds that the rights of residents of this City to fully exercise their rights of free speech by the use of signs containing non-commercial messages are subject to minimum regulation regarding structural safety and setbacks for purposes of traffic protection. The City Council seeks herein to provide for the reasonably prompt removal and disposal of such signs after they have served their purpose, and yet to avoid any interference with First Amendment freedoms, especially as to persons who are of limited financial means. 2. The City Council finds that instances may occur in the application of this Section where strict enforcement would deprive a person of the reasonable use of a sign, or the reasonable utilization of a sign in connection with other related property rights, and herein provides for such persons to have the right to seek variances from the requirements of this UDO for good cause. The City Council finds that it is imperative that enforcement officials apply this Section as it is written, in the interest of equality and fair and impartial application to all persons, and that the procedures to appeal a denial of a sign permit to the ZBA shall remain the sole administrative means to obtain any exception to the term s hereof. 3. The regulations of this Section shall apply to developments within the zoning districts listed in the Summary of Permitted Signs Subsection below. These regulations only apply to special districts within the City of College Station in accordance with the following Sections: a. The WPC Wolf Pen Creek Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO; b. The NG Northgate Districts Subsection of the Design Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO; and c. The OV Corridor Overlay Subsection of the Overlay Districts Section of Article 5, District Purpose Statements and Supplemental Standards of this UDO. ORDINANCE NO. 2023-4453 Page 196 of 335 C. Summary of Permitted Signs. The following signs are permitted in the relevant zoning districts of the City: Summary of Permitted Signs R WE E WRS R-1B GS D T MH MF MU R-4 R-6 MHP O SC WC GC CI C-3 BP BPI R&D M-1 M-2 Apartment/ Condominium/ Manufactured Home Park Identification Signs X (a) X X X Area Identification/ Subdivision Signs X X X X X X X X X X X X X X X X X X X X X X X X X Attached Signs (b) X X X X X X X X X X X X X X X X Campus Wayfinding Signs X X X X X X X X X X Commercial Banners (b) X X X X X X X X X X X X X X X Development Signs X X X X X X X X X X X X X X X X X X X X X X X X X Directional Traffic Control Signs X X X X X X X X X X X X Freestanding Signs (b) (c) (d) X X X X Hanging Signs X Home Occupation Signs X X X X X X X X X X X X X X Low Profile Signs (b) X X X X X X X X X X X X Non-Commercial Signs X X X X X X X X X X X X X X X X X X X X X X X X X Projection Signs X X Real Estate, Finance, and X X X X X X X X X X X X X X X X X X X X X X X X X ORDINANCE NO. 2023-4453 Page 197 of 335 Construction Signs Roof Signs X X X X Notes: (a) Apartment signage is permitted in the MU Mixed-Use district as attached signs only. (b) Except as provided for in the Signs for Permitted Non-Residential Uses in Residential or Rural Districts Subsection below. (c) One (1) freestanding sign shall be allowed in the O Office zoning district only when the building plot has a minimum of two (2) acres. (d) Freestanding signs are permitted for building plots with freeway/expressway frontage only. See the Freestanding Commercial Signs Subsection below for additional standards. ORDINANCE NO. 2023-4453 Page 198 of 335 D. Prohibited Signs. The following signs shall be prohibited in the City of College Station: 1. Portable and trailer signs, and temporary freestanding signs; 2. Signs painted on rooftops; 3. Inflated signs, pennants, wind-driven devices (excluding flags), tethered balloons, and/or any gas-filled objects for advertisement, decoration, or otherwise, except as permitted in the Grand Opening Signs and Special Event Signs Subsections below; 4. Vehicle signs except as permitted in the Vehicle Signs Subsection below; 5. Flags containing copy or logo, excluding the flags of any country, state, city, or school, are prohibited in residential zones and on any residentially developed property (except when flags are used as subdivision signs); 6. Signs and displays with flashing, blinking, or traveling lights, or erratic or other moving parts, including electronic message boards that change more than once per fifteen (15) minutes, either internal or external to the premise, and oriented and visible to vehicular traffic. Time and temperature signs are permissible if the maximum area and setback requirements of this Section are met and if the commercial information or content of such signs are restricted to no more than eight (8) square feet; 7. Signs containing manual change copy which are greater than thirty (30) percent of the allowable sign area; 8. Any signs that are intended to or designed to resemble traffic signs or signals and bear such words as "stop", "slow", "caution", "danger", "warning", or other words that are erected for purposes other than actual traffic control or warning to the public; 9. Any sign located within the site triangle in any district as stated in the Visibility at Intersections in all Districts Subsection of the General Provisions Section above. This does not include traffic control or directional signs; 10. Any sign that emits sound, odor, or visible matter; and 11. Off-premises signs, including commercial and non-commercial billboards. E. Exempt Signs. The following signs are exempt from the requirements of this UDO: 1. Signs that are not easily identified from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right-of-way, as determined by the Administrator. Such signs are not exempt from the safety regulations contained herein and in the International Building and Electrical Codes, as adopted; 2. Official notices posted by government officials in the performance of their duties, including but not limited to signs controlling traffic, regulating public conduct, identifying streets, or warning of danger. Bulletin boards or identification signs accessory to government buildings or other buildings are subject to the provisions of this UDO; 3. Signs related to a primary or secondary educational facility, except that such signs shall adhere to the limitations of the Prohibited Signs Subsection above; 4. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect, condition, or another hazard to the public; 5. Non-commercial signs on private property or works of art that in no way identify or advertise a product or business, or by their location and placement impede traffic safety, except as stated in the Non- Commercial and Political Signs Subsection below; ORDINANCE NO. 2023-4453 Page 199 of 335 6. Temporary decorations or displays if they are clearly incidental to and are customarily and commonly associated with any national, local, or religious celebration; 7. Temporary or permanent signs erected by public utilities or construction companies to warn of the location of pipelines, electrical conduits, or other dangers or conditions in public rights-of-way; 8. Non-commercial signs carried by a person and not set or affixed to the ground that in no way identify or advertise a product or business, or by their location and placement impede traffic safety; 9. Commercial signs carried by a person and not set on or affixed to the ground, provided that the sign is temporary, on-premises, and not used by the person on the premises for more than three (3) consecutive days, more than four (4) times per calendar year; 10. Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be displayed for the duration of the event or not more than three (3) days with the approval of the Administrator; 11. Flags used as political symbols; 12. Special district identification signs as defined by the Defined Terms Section of Article 11, Definitions that in no way advertise a product or a business, or by their location and placement impede traffic safety. Special district identification signs must be approved by the appropriate development review body in accordance with Article 2, Development Review Bodies of this UDO; 13. On-premises and/or off-premises signs where there has been a resolution adopted by the City of College Station or an executed contract with the City of College Station and the display of the signs is for designated locations, a specified period of time, and: a. Promotes a positive image of the City of College Station for the attraction of business or tourism; b. Depict an accomplishment of an individual or group; or c. Creates a positive community spirit. 14. Temporary signs erected for a neighborhood event sponsored by a neighborhood group that is registered with the City of College Station provided that the signage is: a. Located within the perimeter of the neighborhood; b. Provides the name of the association sponsoring the event on the sign; c. In good repair; d. Allowed up to fourteen (14) days prior to the event; and e. Removed within twenty-four (24) hours of the event. 15. Home tour event signs as defined by the Defined Terms Section of Article 11, Definitions with a limit of two (2) events per calendar year. Such signage shall: a. Be in good repair; b. Display the name of the group sponsoring the event (if applicable); c. Be allowed up to ten (10) consecutive days per event; d. Be removed within twenty-four (24) hours of the end of the event; e. Comply with the following if located within a right-of-way: 1. Located outside the visibility triangle of intersections as set forth in the Visibility at Intersections in all Districts Subsection of the General Provisions Section above. 2. Permitted by the State Department of Highways and Public Transportation if located on any state highway or roadway. ORDINANCE NO. 2023-4453 Page 200 of 335 3. Be constructed of durable material and no sign shall be greater in size than three (3) feet by three (3) feet. F. Sign Standards. The following table summarizes the sign standards for the City of College Station: Sign Standards KEY: SF = square feet DU = Dwelling Unit Sign Type Maximum Area (a) Maximum Height Setback From ROW Number Allowed Apartment/Condominium/ Manufactured Home Park Identification Signs 100 SF 10’ 10’ 1/frontage Area Identification Signs 16 SF 4’ 10’ 1/subdivision or phase that is between ten (10) and fifty (50) acres Attached Signs 2.5 SF per linear foot of all public entry façades, not to exceed 500 SF Not to exceed one (1) foot from the top of the wall, marquee, or parapet to which it is attached N/A Any number allowed if within the total allowed area of attached signs Campus Wayfinding Signs 30 SF 6’ N/A See the Campus Wayfinding Signs Subsection below Commercial Banners 36 SF Not to exceed the top of the structure to which it is attached 10’ 1/building plot Development Signs Facing Collector (d) or Residential Street 35 SF 15’ 10’ 1/building plot Development Signs Facing Arterial (d) 65 SF 15’ 10’ 1/building plot Development Signs Facing Freeway/Expressway (d) 200 SF 15’ 10’ 1/building plot Directional Traffic Control Signs 3 SF 4’ 4’ 1/curb cut Freestanding Signs See the Freestanding Commercial Signs Subsection below 1/building plot where lot exceeds 75 feet of frontage Hanging Signs 4 SF N/A N/A 1/building entrance Home Occupation Signs 2 SF Not to exceed the top of the wall to which it is attached N/A 1/dwelling unit Low Profile Signs 60 SF 4’ 10’ See the Low Profile Signs ORDINANCE NO. 2023-4453 Page 201 of 335 Subsection below (b) (c) Projection Signs See the Projection Signs Subsection below Not to exceed one (1) foot from the top of the wall, marquee, or parapet to which it is attached N/A 1/frontage Real Estate, Finance, and Construction Signs on lots up to one hundred fifty (150) foot frontage 16 SF 8’ 10’ Real Estate Signs: 1/frontage Finance Signs: 1/property Construction Signs: 3/property Real Estate, Finance, and Construction Signs on lots greater than one hundred fifty (150) foot frontage 32 SF 8’ 10’ Roof Signs See the Freestanding Commercial Signs Subsection below, not to exceed 100 SF 10’ above the structural roof N/A 1/building plot in place of a freestanding sign Subdivision Signs 150 SF 15’ 10’ 1/primary subdivision entrance. Not to exceed 2 signs Notes: (a) The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines that fully contains all extremities (as shown in the illustration below), exclusive of supports. (b) Except as provided for in the Freestanding Commercial Signs Subsection below. (c) In SC Suburban Commercial, WC Wellborn Commercial, BP Business Park, and BPI Business Park Industrial, one (1) low profile sign per structure is permitted. (d) As designated on the Comprehensive Plan Functional Classification & Context Class Map. ORDINANCE NO. 2023-4453 Page 202 of 335 How To Calculate the Area of Different Types of Signs G. Apartment/Condominium/Manufactured Home Park Identification Signs. 1. One (1) apartment/condominium/manufactured home park identification sign may be located at a primary entrance on each frontage to a public road. 2. The maximum area allowed for each frontage may be divided among two (2) signs if those signs are single-sided and mounted at a single entrance. 3. An apartment/condominium/manufactured home park identification sign may be either an attached sign or a freestanding monument sign. It shall be placed upon the private property of a particular mu lti- family project in the appropriate zone as set forth in the Summary of Permitted Signs Subsection above and subject to the requirements set forth in the Sign Standards Subsection above. 4. The apartment/condominium/manufactured home park identification sign shall list the name and may list the facilities available and have leasing or sales information incorporated as a part of the sign. 5. An apartment or condominium project must have a minimum of twenty-four (24) dwelling units to qualify for an identification sign. 6. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic, or flashing lights or devices shall be permitted. 7. Any manufactured home parks existing at the time of this UDO that are nonconforming may still utilize an identification sign meeting the provisions of this Section and the Sign Standards Subsection above. H. Area Identification and Subdivision Signs. 1. Area identification signs shall be permitted upon private property in any zone to identify subdivisions of ten (10) to fifty (50) acres in size subject to the requirements set forth in the Sign Standards Subsection above. Area identification signs may also be used within a large subdivision to identify distinct areas within that subdivision subject to the requirements in the Sign Standards Subsection above. ORDINANCE NO. 2023-4453 Page 203 of 335 2. Subdivision signs shall be permitted upon private property in any zone to identify subdivisions of greater than fifty (50) acres subject to the requirements set forth in the Sign Standards Subsection above. 3. Both area identification and subdivision signs must be located on the building plot as identified by a preliminary plan of the subdivision. Subdivision signs will be permitted only at the intersection of two (2) collector or larger streets on the perimeter of the subdivision. At each intersection, either one (1) or two (2) subdivision signs may be permitted so long as the total area of the signs does not exceed one hundred fifty (150) square feet. Flags may be utilized in place of a subdivision sign, but the overall height shall not exceed twenty (20) feet and twenty-five (25) square feet in area in a residential zone and thirty-five (35) feet in height and one hundred (100) square feet in area in industrial or commercial districts. 4. Subdivision markers of no more than one (1) square foot in area, used in conjunction with a subdivision or area identification sign, are permitted attached to architectural elements within the subdivision. 5. Indirect lighting is permissible but no optical effects, moving parts, or alternating, erratic, or flashing lights shall be permitted. Landscaping valued at two hundred fifty (250) points shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of all signs and any landscaping in conjunction with such signs shall be made, which may be through an owners association if one (1) exists or is created for this purpose. 6. All signs shall be set back as shown in the Sign Standards Subsection above excep t in areas where a private improvement in public right-of-way permit has been issued. I. Attached Signs. 1. Attached signs are commercial signs under this Section. 2. Attached signs on any commercial building or tenant lease space shall not exceed a total of two and one-half (2.5) square feet per linear foot of all public entry façades, with a maximum of five hundred (500) square feet of attached signage allowed for any one (1) tenant. Multi-story businesses will be allowed one hundred (100) square feet of additional attached signage. 3. The division of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager and not the City of College Station. 4. Signs attached to features such as gasoline pumps, automatic teller machines, mail/package drop boxes, or similar on-site features shall count as part of the allowable sign area of the attached signs for the site if identifiable from the right-of-way as determined by the Administrator. See the Sign Standards Section of the City of College Station Site Design Standards for more information. Information contained on such features pertaining to federal and state requirements and operation/safety instructions are not counted. All other signage on such features shall count towards the allowable attached sign area. 5. Architectural elements which are not part of the sign or logo and in no way identify the specific business tenant shall not be considered attached signage. 6. An attached sign: a. Shall advertise only the name of, uses of, or goods or services available within the building or tenant lease space to which the sign is attached; b. Shall be parallel to the face of the building; c. Shall not be cantilevered away from the structure; d. Shall not extend more than one (1) foot from any exterior building face, mansard, awning, or canopy; ORDINANCE NO. 2023-4453 Page 204 of 335 e. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and f. Shall not be attached to any tree or public utility pole. 7. Attached signs may be mounted to site lighting poles located on private property and may be constructed of cloth, canvas, or other flexible material provided such signage is maintained in good condition and complies with the following restrictions: a. No part of any sign attached to a light pole will be allowed to overhang or encroach into any portion of the public right-of-way; b. Light pole signs shall not exceed twelve (12) square feet in area and shall have a minimum of eight (8) feet of clearance from the grade below; c. Light pole signs shall only be attached to one (1) side of a light pole; d. Light pole signs shall not project more than three (3) feet from the edge of the light pole; and e. Light pole signs constructed of cloth, canvas, or other flexible material shall be secured on a minimum of two (2) opposing sides to prevent wind-driven movement. J. Campus Wayfinding Signs. 1. A campus wayfinding sign: a. May be utilized as a part of a PDD Planned Development District or unified development that is at least twenty (20) acres in size, contains multiple buildings, and may include multiple building plots; b. A maximum of one (1) campus wayfinding sign shall be allowed per intersection of two (2) primary circulation drive aisles when parking is not provided along the drive aisle, or intersection of a primary circulation drive aisle and public way when parking is not provided along the drive aisle and public way; c. All signs shall be internal to the development and shall not be located along a public right-of-way or at the intersection of a primary circulation aisle or public way and right-of-way. d. Shall be limited in height to no greater than six (6) feet, measured from the elevation of the curb or pavement edge, with a maximum total sign area of thirty (30) square feet; e. Shall not be located within a site visibility triangle; f. All campus wayfinding signs shall be submitted as part of a sign package for the development; and g. Shall utilize a common design or theme throughout the development and contain no commercial logo or graphics. K. Commercial Banners. 1. A commercial banner: a. Shall be in good repair; b. Shall have the permit number conspicuously posted in the lower right-hand corner of the banner; c. Shall be allowed in addition to the signage provided for in the Attached Signage Subsection above; d. Shall advertise only the name of, uses of, or goods or services available within the building or tenant lease space to which the sign is attached; e. Shall be mounted parallel to the face of a building or permanent structure; ORDINANCE NO. 2023-4453 Page 205 of 335 f. Shall not be located within the public road right-of-way; g. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and h. Except as identified below, shall be allowed for a maximum fourteen (14) day period per permit. 2. An annual banner permit may be allowed for places of worship meeting in public spaces on a temporary basis. Banners allowed by this Section shall only be displayed on the day of the worship service. 3. The applicant shall pay an application fee as established by resolution of the City Council upon submission of a banner permit application to the City. The application fee is waived for a non -profit association or organization. This fee shall not apply to banners associated with special events as provided for in the Special Event Signs Subsection below. L. Development Sign. 1. A development sign may be placed only on private property subject to the requirements in the Sign Standards Subsection above. 2. A development sign for a building project shall be removed if the project has not received a building permit at the end of twelve (12) months. The Administrator may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a building permit for the project is received, the sign may stay in place until seventy-five (75) percent of the project is leased or a permanent sign is installed, whichever comes first. 3. A development sign for a proposed subdivision shall be removed if a preliminary plan or final plat has not been approved by the end of twelve (12) months. The Administrator may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a plat has been approved, the sign permit is valid as long as a preliminary plan is in effect, or in the absence of a valid preliminary plan, for twenty-four (24) months from the date of approval of a final plat. M. Directional Traffic Control Sign. 1. Directional traffic control signs may be utilized as traffic control devices in off-street parking areas subject to the requirements set forth in the Sign Standards Subsection above. 2. For multiple lots sharing an access easement to the public right-of-way, there shall be only one (1) directional sign located at the curb cut. 3. Logo or copy shall be less than fifty (50) percent of the sign area. 4. No directional traffic control sign shall be permitted within or upon the right -of-way of any public street unless its construction, design, and location have been approved by the City Traffic Engineer. N. Electronic Reader Boards. In addition to meeting the other requirements of this Section, electronic reader boards are subject to the following requirements: 1. The sign display (message) change shall be instantaneous; scrolling, fading, or animation between messages is prohibited; 2. No electronic reader board shall exceed a brightness level of three-tenths (0.3) foot candles above ambient light as measured using a light meter capable of measuring in foot candles at a distance based upon sign area, measured as follows: Measurement distance = √ (sign display area x 100) 3. The sign shall be equipped with automatic brightness control keyed to ambient light levels; 4. In the event of a malfunction, the sign display must go dark; and ORDINANCE NO. 2023-4453 Page 206 of 335 5. Electronic reader board size is limited to thirty (30) percent of the allowable sign area. O. Flags. 1. One (1) freestanding corporate flag per premise, not to exceed thirty-five (35) feet in height or one hundred (100) square feet in area, is allowed in multi-family, commercial, and industrial districts. 2. Flags used solely for decoration, not containing any copy or logo, and located only in multi -family, commercial, and industrial districts or developments are allowed without a permit. In multi-family developments, such flags will be restricted to sixteen (16) square feet in area. In all permitted zoning districts, such flags will be restricted to thirty (30) feet in height, and the number shall be restricted to no more than six (6) flags per building plot. 3. Flags containing commercial copy or logo, excluding the flags of any country, state, city, school, or church are prohibited in residential zones and on any residentially developed property (except when flags are used as subdivision signs). P. Freestanding Signs. 1. Any development with over seventy-five (75) linear feet of frontage will be allowed one (1) freestanding commercial sign. All freestanding commercial signs shall meet the following standards: a. Allowable Area. Allowable Area For Freestanding Signs Frontage (Linear Feet) Maximum Area (Square Feet) 0—75 Low Profile only 76—100 50 101—150 75 151—200 100 201—250 125 251—300 150 301—350 175 351—400 200 401—450 225 451—500 250 501—550 275 551—600+ 300 b. Area. For the purposes of this Section, the area shall be considered the area in square feet of a single - face sign, one (1) side of a double-face sign, or half the sides of a multi-face sign. c. Frontage. 1. For the purposes of this Section, frontage shall be considered the number of feet fronting on a public street to which a sign is oriented; and 2. On corner lots, the frontage street shall be the higher classification street on the Comprehensive Plan Functional Classification & Context Class Map. Where the two (2) streets are classified the same, the applicant may choose the frontage street. d. Allowable Height. 1. The allowable height of a freestanding commercial sign is determined by measuring the distance from the closest point of the sign to the curb or pavement edge and dividing this ORDINANCE NO. 2023-4453 Page 207 of 335 distance by two (2). No freestanding commercial sign shall exceed thirty-five (35) feet in height; 2. For the purposes of this Section, the height of a sign shall be measured from the elevation of the curb or pavement edge; 3. For the purposes of this Section, the distance from the curb shall be measured in feet from the back of the curb or pavement edge to the nearest part of the sign; and 4. For properties with freeway/expressway frontage in SC Suburban Commercial districts, the maximum height of the sign may not exceed the eave height of the structure to which it most closely relates. Freestanding commercial signs must be adjacent to and oriented to the freeway/expressway frontage. 2. Freestanding commercial signs are allowed only on developed commercial property established in the appropriate zones as set forth in the Summary of Permitted Signs Subsection above. One (1) freestanding sign shall be allowed in the O Office zone only when the building plot has a minimum of two (2) acres, subject to the requirements set forth in the Sign Standards Subsection above. One (1) low profile sign shall be allowed in the O Office zone when the building plot has less than two (2) acres subject to the requirements set forth in the Sign Standards Subsection above. 3. A building plot with more than one hundred fifty (150) feet of frontage shall be allowed to use one (1) freestanding commercial sign or any number of low profile signs as long as there is a minimum separation between signs of one hundred fifty (150) feet. In lieu of one (1) low profile sign every one hundred fifty (150) feet, hospital uses may have one (1) low profile sign located at each driveway. 4. Building plots with less than seventy-five (75) feet of frontage may be combined to utilize signage corresponding to the resulting frontage as described in the preceding two (2) paragraphs. 5. No more than one (1) freestanding commercial sign shall be allowed on any premises except when the site meets one (1) of the following sets of criteria: a. The building plot, as recognized on an approved plat or site plan, must be twenty-five (25) acres or more in area with at least one thousand (1,000) feet of continuous unsubdivided frontage on a street classified as a major arterial or higher on the Comprehensive Plan Functional Classification & Context Class Map toward which one (1) additional freestanding commercial sign may be displayed (see diagram below); or ORDINANCE NO. 2023-4453 Page 208 of 335 b. The building plot, as recognized on an approved plat or site plan, must be fifteen (15) acres or more in area with at least six hundred (600) feet of continuous unsubdivided frontage on a street classified as a major arterial or higher on the Comprehensive Plan Functional Classifi cation & Context Class Map and the site must have additional frontage on a street classified as a minor arterial or higher on the Comprehensive Plan Functional Classification & Context Class Map, toward which the additional freestanding commercial sign may be displayed. ORDINANCE NO. 2023-4453 Page 209 of 335 6. Any sign where two (2) or more panels have separate supports extending to them shall be considered to be more than one (1) freestanding commercial sign, even where only one (1) main support extends to the ground. 7. Sites with limited or no street frontage due to a proliferation of pad sites that are not contained within the building plot, as defined by the Administrator, and are fronting along a street classified as a collector or higher on the Comprehensive Plan Functional Classificati on & Context Class Map, will be allowed the area of the sign to be less than or equal to the square of one-sixth (.17) of the distance from the closest portion of the sign to the curb or pavement edge, with the maximum area not to exceed two hundred (200) square feet. 8. Any site defined as a single building plot and containing one (1) or more pad sites, shall be permitted to erect a freestanding commercial sign in accordance with this Subsection, and to the standards of the Allowable Area Subsection above, with the maximum area not to exceed two hundred (200) square feet. In addition, each pad site will be permitted one (1) low profile sign per pad site according to the restrictions of the Sign Standards Subsection above. Q. Fuel Price Signs. Facilities with fuel sales will be allowed one (1) additional sign per building plot, either freestanding or attached, for the purposes of fuel pricing. 1. The area of the fuel price sign shall not exceed twenty-four (24) square feet. 2. Fuel pricing may be incorporated into the allowable square footage of a freestanding commercial sign or attached sign. 3. This sign shall follow the setback requirements for a freestanding commercial sign and shall not be located within the right-of-way. R. Grand Opening Signs. 1. Flags, commercial banners, and balloons that advertise a business's grand opening may be displayed for one (1) consecutive fourteen (14) day period, selected by the business owner, within sixty (60) days of the granting of the initial certificate of occupancy, a change in the use, or of a change in the name of the business. A permit is required. 2. A commercial banner: a. Shall advertise only the name of, uses of, or goods or services available within the building or tenant lease space to which the sign is attached; b. Shall be parallel to the face of the building; c. Shall not be cantilevered away from the structure; d. Shall not extend more than one (1) foot from any exterior building face, mansard, awning, or canopy; e. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and f. Shall not be attached to any tree, fence, or public utility pole. S. Hanging Signs. 1. Hanging signs shall be suspended from canopies or awnings and located in front of building entrances and perpendicular to the façade. 2. A maximum of one (1) hanging sign per building entrance is allowed. ORDINANCE NO. 2023-4453 Page 210 of 335 3. The hanging sign shall not exceed four (4) square feet in size and shall have a minimum of eight (8) fe et of clearance from the walkway grade, four (4) inches of clearance from the building face, and eight (8) inches of clearance from the edge of the canopy/awning. 4. Hanging signs located in or over the public right-of-way shall require a private improvement in public right-of-way permit in addition to the necessary building permit. T. Home Occupation Sign. 1. A person having a legal home occupation may have one (1) sign on the building or porch of a residence. 2. The sign may contain only the name and occupation of the resident. 3. It shall be attached directly to the face of the building or porch. 4. It shall not exceed two (2) square feet in area, shall not be illuminated in any way, and shall not project more than twelve (12) inches beyond the building. 5. No display of merchandise or other forms of commercial communication shall be allowed within a residential area unless the same were in existence prior to the adoption of the UDO in connection with a use that is presently a lawful nonconforming use within the district. 6. Such a nonconforming sign may be maintained until the nonconforming use of the building ceases, subject to the requirements for maintenance herein. Discontinuance of the use of such a sign for more than three (3) months shall prevent future use, even if the nonconforming use is continuous. U. Low Profile Signs. In addition to meeting the other requirements of this Section, low profile signs are subject to the following: 1. A building plot with less than seventy-five (75) feet of street frontage shall be allowed to use one (1) low profile sign in lieu of a freestanding commercial sign; 2. Each building plot containing one (1) or more pad sites, shall be permitted one (1) low profile sign per pad site according to the restrictions of the Sign Standards Subsection above; and 3. In SC Suburban Commercial, WC Wellborn Commercial, BP Business Park, and BPI Business Park Industrial, one (1) low profile sign per structure is permitted. V. Non-Commercial and Political Signs. This Section does not regulate the size, content, or location of non-commercial signs except as follows: 1. No commercial message shall be shown on any non-commercial sign. 2. No non-commercial sign: a. May be greater than fifty (50) square feet in size; b. May be located within the public road right-of-way; c. May be located off the premises of the property owner who is displaying the sign; and d. May not be located within any sight distance triangle as defined in the Visibility at Intersections in All Districts Subsection of the General Provisions Section above, or a location that would hinder intersection visibility as determined by the Administrator. This provision is necessary to avoid clutter, proliferation, and dangerous distraction to drivers caused by the close proximity of such signs to automobile traffic, to avoid damage to automobiles which may leave the paved surface intentionally or by accident, and to avoid the necessity for pedestrians to step into the roadway to bypass such signs. No regulatory alternative exists to accomplish this police power obligation. 3. In the event any non-commercial sign is located in a public right-of-way, the City shall remove it. ORDINANCE NO. 2023-4453 Page 211 of 335 4. All non-commercial signs addressing a particular event are allowed up to ninety (90) days prior to t he event and shall be removed within ten (10) days after. W. Projection Signs. Example Projection Sign Projection signs will be allowed in the MU Mixed-Use district with the following restrictions: 1. One (1) projection sign per frontage along a public right-of-way will be allowed except where otherwise stated in this Section. 2. The total square footage of all projection signs used will be applied toward the total allowable area for the attached signage. 3. The division and placement of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager and not the City of College Station. 4. Projection signs shall be mounted perpendicular to buildings. 5. Internally lit plastic signs will not be permitted. 6. Projection signs may utilize fabric or other flexible material provided that they remain in good condition at all times. 7. Projection signs shall have a minimum of eight (8) feet of clearance from the walkway grade and four (4) inches of clearance from the building face. Excluding the four (4) inch minimum clearance requirement, no part of a projection sign shall project more than three (3) feet from the building face. 8. Projection signs shall not extend above the façade of the building to which it is attached. 9. Buildings with one (1) story may have a sign that shall not exceed eighteen (18) square feet in size. For each additional building story, an additional eight (8) square feet of signage is allowed, up to a maximum of fifty (50) square feet per sign. 10. Projection signs located in or over the public right-of-way shall require a private improvement in public right-of-way permit in addition to the necessary building permit. X. Real Estate/Finance/Construction Signs. 1. One (1) real estate sign not exceeding sixteen (16) square feet in total area (exclusive of stakes and posts) may be erected at any time while a property is offered for sale or lease to the public. Properties with a minimum of one hundred fifty (150) feet of frontage shall be allowed one (1) real estate sign not exceeding thirty-two (32) square feet in total area. Properties with a minimum of two (2) acres and frontage on two (2) streets shall be allowed one (1) real estate sign on each frontage street with the area of the sign to be determined by the amount of frontage as stated above. ORDINANCE NO. 2023-4453 Page 212 of 335 2. One (1) finance sign and three (3) construction signs (for a total of four (4) signs), not exceeding sixteen (16) square feet in total area each (exclusive of stakes and posts) may be erected once a building permit has been issued on a property. Properties with a minimum of ten (10) acres and one thousand (1,000) feet of frontage shall be allowed one (1) finance sign and three (3) construction signs not exceeding thirty-two (32) square feet in total area each. 3. Real estate, finance, and construction signs may be either attached or freestanding and only those visible from the street are limited in number. 4. All such signs shall be maintained by the persons in control of the premises to remain erect and in good repair. Such signs shall be removed by the property owner or other person in control of the premises if they are damaged, broken, or incapable of remaining erect. 5. Such signs must be removed by the owner or person in control of the premises when either the property has sold or been leased and/or when performance under the construction contract or subcontract (in the case of construction signs) has been completed. In all cases, finance and construction signs shall be removed prior to the issuance of a certificate of occupancy. Y. Roof Signs. 1. Signs mounted to the structural roof shall be regulated as freestanding commercial signs. 2. Painted or applied roof signs are prohibited. Z. Signs for Conditional Uses. 1. Signs for conditional uses shall comply with the regulations for the zoning district in which the conditional use is permitted. 2. Signs for conditional uses in residential or rural zoning districts shall comply with the Low Profile Signs Subsection above. AA. Signs for Permitted Non-Residential Uses in Residential or Rural Districts. 1. Signs for permitted non-residential uses in residential or rural zoning districts shall comply with the Low Profile Signs Subsection above. 2. Signs for places of worship with frontage on a street classified as freeway/expressway on the Comprehensive Plan Functional Classification & Context Class Map are allowed one (1) freestanding sign in accordance with the Freestanding Commercial Signs Subsection above or one (1) low profile sign in accordance with the Low Profile Signs Subsection above. The freestanding sign must be adjacent to and oriented to the freeway/expressway. 3. Signs for places of worship and government facilities in residential or rural zoning districts may utilize signage in accordance with the Attached Signs and Commercial Banners Subsections above. BB. Signs in the Extraterritorial Jurisdiction. All off-premise and portable signs shall be prohibited within the extraterritorial jurisdiction. CC. Special Event Signs. 1. Signs, including commercial banners and balloons, advertising or announcing a special event, as defined in Chapter 8, Businesses of the City of College Station Code of Ordinances, are permitted as a part of the special event permit and shall be limited to the property holding the event. 2. The special event signage is allowed up to fourteen (14) days prior to the event and must be removed within twenty-four (24) hours of the end of the event. DD. Vehicle Signs. 1. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the type of business, excluding all banners, that are ORDINANCE NO. 2023-4453 Page 213 of 335 located on moving vans, delivery trucks, trailers or other commercial vehicles are permitted; but only if the primary purpose of such vehicles is not for the display of the signs thereon, and only if such vehicles are parked or stored in areas appropriate to their use as commercial or delivery vehicles, such as service areas or locations close to the business building away from public traffic areas. 2. Signs or advertisements permanently attached to non-commercial vehicles, excluding all banners, are permitted. EE. Abandoned, Damaged, or Unsafe Signs. 1. The provisions of this Section shall apply when in conflict with the provisions of the International Building Code, as adopted, but where the provisions of both ordinances are consistent, the enforcement of either shall be permissible and remedies or penalties cumulative. 2. Nonconforming signs that have become deteriorated or damaged to an extent that the cost of the reconstruction or restoration of such signs is over fifty (50) percent of its replacement value exclusive of foundations will be required to be removed or brought into full compliance with the curre nt sign regulations. 3. All abandoned signs and their supports shall be removed within sixty (60) days from the date of abandonment. All damaged signs shall be repaired or removed within sixty (60) days. The Administrator shall have the authority to grant a thirty (30) day extension where they determine there is a reasonable necessity for same. 4. Discontinuance of use or removal of any nonconforming sign or any sign in connection with a nonconforming use shall create a presumption of intent to abandon said sign. A nonconforming sign that is damaged and not repaired within sixty (60) days shall be presumed to be abandoned. 5. When a building is demolished, the associated signs and sign structures shall also be removed. Sec. 7.6. Landscaping and Tree Protection. A. Purpose and Intent. The purpose and intent of this Section is to regulate the manner in which land in the city is used and developed to minimize adverse effects on surrounding property owners or the general public and ensure that high-quality development is maintained throughout the community. For the purpose of landscaping, College Station falls within Zone 8 of the United States Department of Agriculture (USDA) Hardiness Zone Map. Also, dwarf plants will not be allowed in require d screening or buffer areas. B. Application of Section. The landscaping requirements of this Section apply to all land located in College Station proposed for site development with the exception of those zoned NG-1 Core Northgate and NG-3 Residential Northgate. The requirements also do not apply to single-family, duplex, townhouse, or mixed-use developments in the MU Mixed-Use district, except as follows: 1. The requirements of this Section have limited application to properties developed for duplexes, as follows: a. A minimum of two hundred (200) points of landscaping as calculated in this Section shall be provided for each new duplex; b. Where parking is provided in the front yard, an eight (8) foot landscaped setback shall be required between the property line and the nearest side of the parking pad. This eight (8) foot setback area must be landscaped and contain a three (3) foot high screen consisting of a continuous berm, hedge, or wall. In addition, an eight (8) foot landscaped setback shall be required between the dwelling unit and the nearest side of the parking pad; and ORDINANCE NO. 2023-4453 Page 214 of 335 c. The maintenance and completion requirements of this Section also apply to duplex uses. Every development must employ an irrigation system. All new plantings must be irrigated. An ir rigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. 2. The requirements of this Section have limited application to properties developed for single-family, townhouse, and courtyard house developments, as follows: a. A minimum of two (2) trees of at least two (2) inch caliper or one (1) tree of four (4) inch caliper shall be planted on each lot with every new single-family home. b. A minimum of one (1) tree of four (4) inch caliper shall be planted on each lot with every new courtyard house. c. For townhouse and courtyard house developments, the Administrator may allow the required trees to be dispersed throughout, including common areas. d. The landscaping requirements of this Section shall apply to manufactured home parks, but not to individual manufactured homes on separate lots. 3. The requirements of this Section apply to properties developed for mul tiplexes, as follows: a. A minimum of two hundred (200) points of landscaping as calculated in this Section shall be provided for each new multiplex unit with a maximum of one thousand (1,000) points; b. Within fifty (50) feet of the property line along the street, and located between the structure and the public right-of-way, street, or public way, one (1) canopy tree for every twenty-five (25) linear feet of frontage shall be installed. One (1) existing tree (minimum four (4) inch caliper) may be substituted for a new tree; c. Canopy trees must be selected from the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards and may be grouped as desired so long as the canopy trees are reasonably dispersed across each public right-of-way, street, or public way frontage; d. Two (2) non-canopy trees may be substituted for one (1) canopy tree; e. Parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening, such as ten (10) shrubs for every thirty (30) linear feet of frontage, is required along one hundred (100) percent of the street frontage with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three (3) feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two (2) feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty (50) percent of all shrubs used for screening shall be evergreen; f. One hundred (100) percent coverage of groundcover, decorative paving, decorative rock, or perennial grass is required in parking lot islands, swales, and drainage areas, and the parking lot setback unless otherwise landscaped or existing plants are preserved. One hundred (100) percent coverage of groundcover or perennial grass is also required in all unpaved porti ons of street or highway right-of-way or on adjacent property that has been disturbed during construction. If grass is to be used for groundcover, one hundred (100) percent live grass groundcover is required whether by solid sod overlay or pre-planting and successful takeover of grasses. No point value shall be awarded for ground cover; and g. All new plantings must be irrigated. An irrigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. ORDINANCE NO. 2023-4453 Page 215 of 335 4. The requirements of this Section have limited application to properties developed in the MU Mixed- Use district, as follows: a. Within fifty (50) feet of the property line along the street, and located between the structure and the public right-of-way, street, or public way, one (1) canopy tree for every twenty-five (25) linear feet of frontage shall be installed. One (1) existing tree (minimum four (4) inch caliper) may be substituted for a new tree. b. Canopy trees must be selected from the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards and may be grouped as desired so long as the canopy trees are reasonably dispersed across each public right-of-way, street, or public way frontage. c. Parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening is required along one hundred (100) percent of the street frontage (such as ten (10) shrubs for every thirty (30) linear feet of frontage), with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three (3) feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two (2) feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty (50) percent of all shrubs used for screening shall be evergreen. d. One hundred (100) percent coverage of groundcover, decorative paving, decorative rock, or perennial grass is required in parking lot islands, swales, and drainage areas, and the parking lot setback unless otherwise landscaped or existing plants are preserved. One hundred (100) percent coverage of groundcover or perennial grass is also required in all unpaved portions of street or highway right-of-way or on adjacent property that has been disturbed during construction. If grass is to be used for groundcover, one hundred (100) percent live grass groundcover is required whether by solid sod overlay or pre-planting and successful takeover of grasses. No point value shall be awarded for ground cover. e. All new plantings must be irrigated. An irrigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. 5. All landscaping/streetscaping requirements under this Section shall run with the land once the development has begun and shall apply against any owner or subsequent owner. 6. The landscaping requirements of this Section apply to all unsubdivided property, improved subdivided lots, and other improved lands where buildings or structures are being added or replaced within the city. 7. Each phase of a multi-phase project shall comply with this Section. 8. All plantings must be in accordance with the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards, or as deemed appropriate by the United States Department of Agriculture (USDA) for Zone 8 in their Hardiness Zone Map. C. Landscaping Point Requirements. 1. The landscaping point requirement for a site is determined by the combined point total of site area and streetscape subtotals. 2. Site Area Points. a. Minimum thirty (30) landscape points per one thousand (1,000) square feet of site area. b. The minimum total number of points for any development is eight hundred (800) points. ORDINANCE NO. 2023-4453 Page 216 of 335 c. Undeveloped floodplains may be removed from site size calculations; in such case, existing trees within that floodplain shall not be claimed for points. d. Projects may be phased with the phase lines being drawn twenty (20) feet beyond any new site amenity. The portion left for subsequent phases shall be of developable size and quality. 3. Streetscape Points. a. Six (6) additional landscape points shall be required for each linear foot of frontage on a right-of- way or public way; and b. Driveway openings, visibility triangles, and other traffic control areas may be subtracted from the total streetscape frontage. 4. Point Credits. The following point credits will apply to the total landscaping point requirement so long as the total reduction does not cause the development to have a point total lower than the minimum eight hundred (800) point requirement: a. A twenty (20) percent point credit will be awarded where the irrigation system employed is a recognized water-conserving system as defined in the City of College Station Site Design Standards or utilizes a commercial soil moisture meter. b. A ten (10) percent point credit will be awarded if twenty-five (25) percent or more of the parking area consists of enhanced paving. c. A ten (10) percent point credit will be awarded for every one (1) percent of the site area devoted to special facilities including water features, public art, or other public features determined by the Administrator. d. A ten (10) percent point credit will be awarded for landscape plans that are prepared by a landscape architect registered in Texas, an International Society of Arboriculture (ISA) certified arborist, or another professional as deemed appropriate by the Administrator. e. A ten (10) percent point credit will be awarded where berms are utilized for parking screening. 5. Point Values. a. Point values will be awarded for any type of canopy tree, non-canopy tree, or shrub, except for those listed on the Non-Point Tree List as prepared by the Administrator. No point value shall be awarded for ground cover. For the purpose of this Section, Texas native, as referenced in the City of College Station Site Design Standards, shall be considered those notated as both native to Texas and recommended by the Texas Forest Service for Brazos County. b. All caliper measurements shall be twelve (12) inches above grade. The minimum caliper for non- canopy trees shall be measured on a single cane of a multi-trunk tree. c. Landscaping points are accrued as follows: Plant Material Point Values Plant Material Points Accrued (per Plant) Installed Size Caliper (Inches) New Plantings Canopy Tree 75 1.5 to 2 150 2.1 to 3.4 300 3.5 and larger Texas Native Canopy Tree 110 1.5 to 2 225 2.1 to 3.4 450 3.5 and larger Non-Canopy Tree 40 1.25 and larger ORDINANCE NO. 2023-4453 Page 217 of 335 Shrubs 10 Min. 5 gallon Shrubs, Not for Screening 1 Min. 1 gallon Existing Trees with No Barricade Protection Area Canopy Tree 40 4 to 14.5 Non-Canopy Tree 35 2 and larger Existing Trees Within Barricade Protection Area Canopy Tree 800 Between 4 and 8 1,000 8 and larger Non-Canopy Tree 300 Between 2 and 4 400 4 and larger d. To receive landscape points for existing trees, all existing trees must be in good form and condition and reasonably free of damage by insects and/or disease. e. To receive additional points for barricaded trees, such trees must be barricaded to the dripline of the tree. A barricade detail must be provided on the landscape plan. Barricades must be in place prior to any activity on the property including but not limited to grading. If the required barricades are not in place prior to any activity and maintained during construction, barricaded points will be forfeited. f. No points shall be awarded for existing Post Oak trees. D. Planting and Screening Requirements. 1. General Requirements. a. Every project must expend a minimum of fifty (50) percent of its point total on canopy trees. b. Landscaping must be reasonably dispersed throughout all visible areas of the site. c. One hundred (100) percent coverage of groundcover, decorative paving, decorative rock, or perennial grass is required in parking lot islands, swales, and drainage areas, and the parking lot setback unless otherwise landscaped or existing plants are preserved. When decorative rock is used, it shall be designed such that it will not migrate into sidewalks or other paved areas. One hundred (100) percent coverage of groundcover or perennial grass is also required in all unpaved portions of street or highway right-of-way or on adjacent property that has been disturbed during construction. If grass is to be used for groundcover, one hundred (100) percent live grass groundcover is required whether by solid sod overlay or pre-planting and successful takeover of grasses. d. All landscape materials shall be installed in accordance with the current planting procedures established by the most recent addition of The American Standard for Nursery Stock, as published by the American Association of Nurserymen. e. For existing plantings, the Administrator may require a health appraisal if the applicant wishes to receive point credits. f. All new plantings must be irrigated. An irrigation system shall be designed so that it does not negatively impact existing trees and natural areas. Soaker hose and drip irrigation system designs may be permitted as the Administrator deems appropriate. 2. Streetscape. a. Within fifty (50) feet of the property line along all major arterials and freeways/expressways as designated on the Comprehensive Plan Functional Classification & Context Class Map, one (1) canopy tree for every twenty-five (25) linear feet of frontage shall be installed; ORDINANCE NO. 2023-4453 Page 218 of 335 b. Within fifty (50) feet of the property line along all other roadways including public ways, one (1) canopy tree for every thirty-two (32) feet of frontage shall be installed; c. Fractional amounts shall be increased to the nearest whole number; d. Two (2) non-canopy trees may be substituted for one (1) canopy tree; e. Trees used to meet the requirement along one (1) streetscape frontage shall not be counted toward another frontage; f. Canopy and non-canopy trees must be selected from the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards and may be grouped as desired so long as the trees are reasonably dispersed across each frontage; and g. One (1) existing tree (minimum four (4) inch caliper) may be substituted for a new tree. Existing trees must be of acceptable health, as determined by the Administrator. 3. Additional Landscaping along Large Building Façades. This Subsection applies to sites subject to the Non-Residential Architectural Standards Section below: a. Sites with building façades that face a public right-of-way or public way and that exceed two hundred (200) feet in length shall place landscaping between the façade and roadway; b. One (1) canopy tree is required for every forty (40) feet of façade length. Fractional amounts shall be increased to the nearest whole number; c. The trees shall be placed within fifty (50) feet of the building I; d. Two (2) non-canopy trees may be substituted for one (1) canopy tree; and e. Trees counting toward streetscape planting requirements may also count toward the requirement. 4. Parking Screening. a. Parking areas adjacent to a right-of-way or public way shall be screened from the right-of- way or public way. b. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof as described below, and must be a minimum of three (3) feet above the parking lot pavement elevation. c. Walls and planting strips shall be located at least two (2) feet from any parking area. d. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. e. A minimum of fifty (50) percent of all shrubs used for screening shall be evergreen. f. The following options are allowed as parking lot screening methods: 1) A solid hedgerow (such as ten (10) shrubs for every thirty (30) linear feet of frontage) to screen the parking to a height of three (3) feet. The screening must be a minimum of twenty-four (24) inches at planting and reach thirty-six (36) inches within one (1) calendar year of planting, and such method is certified to meet these requirements by a registered landscape architect, landscape designer, or landscape contractor; 2) Berms with a minimum height of three (3) feet as measured from the parking lot pavement, and a maximum slope of three (3) feet of height for every one (1) foot of width. Berms may be designed around trees that are barricaded for tree preservation. Where there will be gaps in berm screening for the preservation of existing trees, other screening methods shall be used to meet the minimum three (3) foot screening requirement; or ORDINANCE NO. 2023-4453 Page 219 of 335 3) Half-berms with a minimum height of three (3) feet as measured from the parking lot pavement, and a maximum allowable slope of one (1) foot of height for every three (3) inches of width. Retaining walls shall be designed to face the parking lot and sidewalks located between the retaining wall and right-of-way or public way may not be closer than three (3) feet to the top of a retaining wall. g. For redeveloping sites maintaining existing parking lot perimeters, the Administrator may authorize the use of masonry walls, or lower the minimum berm height to a height that may be safely maintained in the existing parking setback when additional parking lot screening is provided. The cumulative height of plant material and berm shall be a minimum of three (3) feet. h. Variations to the requirements of this Section may be approved if the landscape/streetscape plan is sealed by a registered landscape architect and approved by the Administrator. Such plans must show reasonable evidence that the requirements, as set forth in this Section were used as a guide. 5. Detention Ponds. Detention ponds shall be integrated into the overall landscaping theme and design of the site as described in the Detention Pond Aesthetic Design Subsection of the Flood Hazard Protection Section below. E. Landscape/Streetscape Plan Requirements. When a landscape/streetscape plan is required, the landscape/streetscape plan shall contain the following: 1. The location of existing property lines and dimensions of the tract; 2. A north arrow and scale; 3. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection; 4. Location and dimensions of existing and proposed structures, parking lots and drives, sidewalks, refuse disposal areas, fences, and other features as determined necessary by the Administrator; 5. Location, size, spread, type, and quantity of all proposed landscaping and screening materials, along with common and botanical names; 6. The location of existing and proposed utilities and all easements on or adjacent to the lot; 7. An indication of adjacent land uses, existing development, and roadways; 8. An irrigation system plan or a general note indicating that an irrigation system to service all new plantings will be installed by a certified installer prior to the issuance of a certificate of occupancy; 9. Provide landscape information as set forth below: a. Landscape points required for the site and calculations shown in the landscape legend. b. A legend showing the size, type (canopy, non-canopy, shrub), and points claimed for proposed landscaping. c. Location of landscape plants on the plan identified by a symbol defined in a landscape legend (see sample legend below). ORDINANCE NO. 2023-4453 Page 220 of 335 Sample Landscape Plan Legend 10. Provide streetscape information as set forth below: a. Streetscape points required for site and calculations shown. b. A table showing the scientific and common plant names, size, type (canopy, non-canopy, and shrub), and points claimed for proposed streetscaping. c. Location of streetscape plants on plan identified by a symbol defined in a landscape legend (see sample legend above). 11. The location and diameter of protected existing trees claimed for either landscape or streetscape requirements and an indication of how the applicant plans to barricade the existing trees from damage during construction. Barricading shall be subject to the following requirements: a. Prior to land development or redevelopment, or any construction thereof, the developer shall clearly mark all qualifying and significant trees to be preserved; b. The developer shall erect a fence around each tree or group of trees to prohibit the placement of debris or fill, or the parking of vehicles within the drip line of any qualifying or significant tree; ORDINANCE NO. 2023-4453 Page 221 of 335 c. During construction, the developer shall prohibit the cleaning of equipment or materials within the drip line of any tree or group of trees that are protected and required to remain. The developer shall not allow the disposal of any waste material including but not limited to paint, oil, solvents, asphalt, concrete, mortar, or other harmful liquids or materials within the drip line of any tree or groups of trees that are required to remain; d. No attachments or wires of any kind shall be attached to any tree except those used to stabilize or protect such tree; e. With grade changes in excess of six (6) inches, a retaining wall or tree well of r ock or brick shall be constructed around the tree not closer than fifty (50) percent of the distance between the trunk and the drip line. The mid-point of the retaining wall shall be constructed at the new grade. Grade changes greater than one (1) inch may not be made without the prior approval of the Administrator; and f. All vegetation must be planted in accordance with the visibility triangle referenced in the Visibility at Intersections in all Districts Subsection of the General Provisions Section above. F. Maintenance and Changes. 1. Landscaping/streetscaping shall be maintained and preserved in accordance with the approved landscape/streetscape plan. Replacement of landscaping/streetscaping must occur within forty-five (45) days of notification by the Administrator. Replacement material must be of similar character and the same or higher point total as the dead or removed landscaping. Failure to replace dead or removed landscaping, as required by the Administrator, shall constitute a violation of this Section for which the penalty provision may be invoked. 2. Landscaping/Streetscaping Changes to Existing Sites. a. If changes constituting twenty-five (25) percent or more of the number of canopy and non- canopy trees are proposed, a revised landscape/streetscape plan must be submitted for approval and is required to comply with this Section. Planting must occur pursuant to this approved landscape/streetscape plan within forty-five (45) days. b. Revised landscape/streetscape plans shall meet the requirements of the ordinance in effect at the time of the revised landscape/streetscape plan submittal. c. The replacement of existing canopy and non-canopy trees must be replaced caliper for caliper, or as determined by the Administrator. G. Completion and Extension. The Administrator shall review all landscaping for completion in accordance with this Section and the approved landscape/streetscape plan. Landscaping/streetscaping shall be completed in accordance with the approved plan prior to the issuance of a certificate of occupancy. However, the applicant may receive an extension of four (4) months from the date of the certificate of occupancy upon the approval of an application for extension with a bond or letter of credit in the amount of one hundred fifty (150) percent of the landscape/streetscape bid, as well as the irrigation required for the project. Failure to complete the landscaping/streetscaping according to the approved landscape/streetscape plan at the expiration of the bond or letter of credit shall constitute forfeiting the bond or cashing of the letter of credit. Also, failure to complete the approved landscaping/streetscaping shall constitute a violation of this UDO. H. Review and Approval. Landscape/streetscape plans shall be reviewed and approved by the Administrator. I. Parking, Storage, or Display. No parking, storage, or display of vehicles or merchandise shall be allowed in the required landscape/streetscape areas or on required parking islands. ORDINANCE NO. 2023-4453 Page 222 of 335 J. Alternative Compliance Permitted. Variations to the requirements of this Section may be approved if the landscape/streetscape plan is sealed by a registered landscape architect and approved by the Administrator. Such plans must show reasonable evidence that the requirements as set forth in this Section were used as a guide. 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 set forth in the Minimum Buffer Standards Subsection below. 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 Comprehensive Plan Future Land Use & Character Map designates the area as a Redevelopment Area; d. The property is zoned P-MUD Planned Mixed-Use District or PDD Planned Development District 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, as adopted; f. The developing property is in any of the NG Northgate design districts or RDD Redevelopment District; g. The required buffer yard is adjacent to FEMA designated one hundred (100) year floodplain or residential common area, with approval by the Administrator; or h. The developing property and all abutting properties are designated Mixed Residential or a more intense land use on the Comprehensive Plan Future Land Use & Character Map, regardless of existing use or zoning. Unless otherwise excepted, the regulations herein shall apply to properties at the periphery of the Mixed Residential land use designation. C. Relationship to Other Landscaping Standards. ORDINANCE NO. 2023-4453 Page 223 of 335 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 set forth in the Minimum Buffer Standards Subsection below. In the event a property abuts a less intense use and a less intense zoning district, the less stringent buffer shall be required along the shared boundary. E. Permitted Uses. 1. A buffer yard may be used for passive recreation 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, owners association's, or the Administrator's option to provide convenient pedestrian access to non-residential 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 (a) (Use least restrictive of the zoning or the developed use.) Single-Family Residential (b) Multi-Family Residential Non-Residential (c) Single-family (b) N/A N/A N/A Developments in MH Middle Housing 2.5’ for every 5’ of building height (f) N/A N/A Structures with a shared housing use 2.5’ for every 5’ of building height (f) N/A N/A Multi-family (c) 10’ (f) N/A N/A Office 10’ (f) N/A N/A Commercial (e) 15’ (g) 10’ (f) N/A Industrial 25’ (g) 15’ (g) 5’ Developments in BP Business Park 50’ (g) 15’ (g) 5’ Developments in BPI Business Park - Industrial 50’ (g) 30’ (g) 10’ (d) Sexually oriented businesses 50’ (g) 50’ (g) 50’ (g) Notes: (a) When an abutting parcel is vacant and zoned R Rural, the Administrator shall use the land use classification of the property as designated on the Comprehensive Plan Future Land Use & Character Map in lieu of the zoning category in determining the buffer requirement. ORDINANCE NO. 2023-4453 Page 224 of 335 (b) Includes manufactured homes, mobile homes, manufactured home parks, duplexes in the D Duplex zoning district, and townhouses in the T Townhouse zoning district. (c) Includes commercial and other non-residential uses developed in the MF Multi-Family district. (d) When an abutting parcel is zoned BP Business Park or BPI Business Park Industrial, the buffer width shall be reduced to five (5) feet. (e) When a developing parcel is zoned WC Wellborn Commercial and adjacent to a single-family use, the buffer width shall be twenty (20) feet with a fence. (f) Shall include a fence. (g) Shall include a 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) Required buffer 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 designation on the Comprehensive Plan Future Land Use & Character Map, 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. 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 (5) 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 (2) 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) one and one-fourths (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 (5) gallon shrub at a minimum of three (3) feet in height per three ORDINANCE NO. 2023-4453 Page 225 of 335 (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 (2) 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 the Landscaping and Tree Protection Section above. d. Fifty (50) percent of all required shrubs within the buffer yard shall be evergreen. e. Plant materials shall show a variety of textures, colors, shapes, and other characteristics. Recommended buffer materials can be found in the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards or those listed as appropriate for Zone 8 on the United States Department of Agriculture (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 landscape/streetscape 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 the Landscaping and Tree Protection Section above. i. Plantings will not be allowed to encroach into a required visibility triangle for a public or private right-of-way except as set forth in the Visibility at Intersections in all Districts Subsection of the General Provisions Section above. 3. Fences and Walls. a. Fences may be solid wood or solid wood accented by masonry, stone, Exterior Insulation and Finish System (EIFS), 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 International Building Code, as adopted, 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 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 m ay 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. ORDINANCE NO. 2023-4453 Page 226 of 335 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 the Landscaping and Tree Protection Section above. 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 one (1) foot of height for every three (3) inches of width. Berms over six (6) feet in height shall have a maximum slope of four (4) feet of height for every one (1) foot of width as measured from the exterior property line. 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 six (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 the time of planting) are provided to create a solid screen along the common property line. h. Buffer plantings may be reduced by fifty (50) percent 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 the Maintenance and Replacement Subsection above, shall be to the Design Review Board. ORDINANCE NO. 2023-4453 Page 227 of 335 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 Design Review Board may authorize on appeal alternative buffer standards for a specific property or a waiver to 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, 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. Sec. 7.8. Solid Waste. A. Purpose. It is the purpose of this Section to establish the guidelines for the provision of solid waste collection in all developments within the City of College Station where curb service will not take place to: 1. Provide for the safe and efficient collection and removal of waste from commercial and residential developments; and 2. Reduce nuisances associated with waste collection containers. B. Responsibility. The City shall make the final determination as to the appropriate collection system; however, it is the responsibility of the developer to ascertain the appropriateness of the proposed collection system. Staff will endeavor to accommodate applicants to the extent equipment, efficiency, and policy allow. C. Guidelines. The following minimum standards shall be met: 1. Dumpster screens should be located outside of utility and drainage easements. Property owners with dumpster screens located within utility easements are hereby warned that they will be responsible for the replacement of the screens if it becomes necessary to remove them for utility construction and/or maintenance. 2. Multi-family developments and multiplexes in the MH Middle Housing district shall provide the required pad and screening for one (1) eight (8) -yard dumpster per thirty-two (32) bedrooms. 3. Townhomes with five (5) or more attached units not served by approved, accessible alleys shall provide the required pad and screening for one (1) eight (8) yard dumpster per thirty-two (32) bedrooms. 4. The interior clearance (inside the screen) dimensions for a single three hundred (300) gallon container enclosure shall be ten (10) feet deep by ten (10) feet wide. 5. The interior clearance (inside the screen) dimensions for a single (one (1) eight (8) yard) dumpster enclosure shall be twelve (12) feet deep by twelve (12) feet wide. 6. The interior clearance (inside the screen) dimensions for a double (two (2) eight (8) yard) dumpster enclosure shall be twelve (12) feet deep by twenty-four (24) feet wide. 7. Bollards and other such devices are highly recommended but shall not be set within the minimum width dimensions noted above. 8. All required containers and dumpster pads shall be constructed of six (6) inches of steel -reinforced concrete. 9. All required containers and dumpsters shall be screened by means of an approved six (6) foot-high opaque device on a minimum of three (3) sides. Depending on visibility to pedestrian and vehicular traffic, a gate may be required for all enclosures except three hundred (300) gallon side-loading automated containers. Gates shall have a minimum width of twelve (12) feet when open, shall swing one hundred eighty (180) degrees from the closed position, and shall utilize a positive -locking ORDINANCE NO. 2023-4453 Page 228 of 335 mechanism while in the open position. Three hundred (300) gallon side-loading automated container enclosures shall be open on the side, facing the collection point. The open side cannot be facing the public right-of-way. Plant materials may be used to supplement the required screening. Materials may be dictated by the terms of a conditional use permit or the Design Review Board. 10. The ingress, egress, and approach to all dumpster pads shall conform to the fire lane requirements. 11. In SC Suburban Commercial and WC Wellborn Commercial, consolidated solid waste service is required and shall be located furthest from single-family use or zoning. Notwithstanding the foregoing, it may be located adjacent to single-family if a buffer wall is used. 12. In BP Business Park, consolidated solid waste service is required and shall be located furthest from single-family use or zoning. Sec. 7.9. Flood Hazard Protection. A. Any reference to this Section shall also apply to the Flood Hazard Protection Article of Chapter 105, Floods of the City of College Station Code of Ordinances. B. Detention Pond Aesthetic Design. Detention ponds should be treated as aesthetic site amenities, adding quality and depth to the visual environment of the site. Therefore, the detention pond area shall be integrated into the overall landscaping design of the site by reasonably dispersing the required landscaping points. 1. Unless the landscape plan is sealed by a landscape architect and approved by the Administrator, only plantings designated as High Water Usage/Detention Pond Appropriate in the Landscape & Streetscape Standards Section of the City of College Station Site Design Standards may be used in a detention area. 2. Variations to the requirements of this Section may be approved if the development project is employing Leadership in Energy and Environmental Design (LEED) development standards, using stormwater management to acquire LEED points. The project must be LEED certifiable (it does not have to be registered as a LEED project but must be eligible for certification), be sealed by a landscape architect, and show reasonable evidence that the requirements as set forth in this Section were used as a guide. Sec. 7.10. Non-Residential Architectural Standards. A. Purpose. The intent of the design standards provided in and related to this Section are to: 1. Protect and enhance the character and quality of non-residential buildings and associated site elements in the interest of the general welfare of College Station; 2. Establish minimum design parameters for the appearance of non-residential buildings including heightened standards for more visible and prominent areas of the community; 3. Not limit architectural creativity or prescribe a specific architectural style; and 4. Provide a balance between the community's economic and aesthetic concerns. B. Applicability. Except as expressly set forth otherwise herein, the design standards of this Section shall apply to development, redevelopment, and façade changes to all non-residential buildings including single-tenant buildings, multiple-tenant buildings, and any grouping of attached or stand-alone buildings and associated pad sites. The portions of structures containing non-residential uses located in the MF Multi-Family zoning district shall comply with this Section. ORDINANCE NO. 2023-4453 Page 229 of 335 The following are exempt from this Section: 1. Buildings internal to the BP Business Park zoning district. Any building loca ted within BP Business Park districts is required to comply with this Section if it is along the periphery of the zoning district. All other interior buildings located within BP Business Park districts are exempt from this Section. 2. Districts. Uses located within the following districts are exempt from this Section: BPI Business Park Industrial, M-1 Light Industrial, M-2 Heavy Industrial, R&D Research & Development, NG-1 Core Northgate, NG-2 Transitional Northgate, and NG-3 Residential Northgate. 3. Uses. The following uses are exempt from this Section: places of worship, primary and secondary educational facilities, municipal industrial facilities, and private utility buildings that are screened from public or private rights-of-way and adjacent properties. 4. Freestanding structures such as pavilions, canopies, gazebos, automated teller machines, etc. that are unenclosed buildings and do not have walls. Unenclosed structures that are attached or functionally appear as part of an enclosed building are to be integrated with and meet the requirements associated with the building. C. Standards for Non-Residential Structures. 1. General Standards. a. A side or rear façade of a building shall not be considered visible from a public right -of-way or public way if it is located more than four hundred (400) feet away. b. A façade is considered facing a public right-of-way, private access easement, or public way when an imaginary plane could be extended unobstructed by a wall or structure in the building plot from at least twenty-five (25) percent of the façade into the public right-of-way, private right-of- way, or public way adjacent to the building plot, as illustrated below. How to Determine Facing 2. Required Screening. For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following screening requirements apply: a. All mechanical equipment shall be screened from view or located so as not to be visible from any public right-of-way, public way, or residential district when viewed within one hundred fifty (150) feet of the perimeter boundary of the subject lot or tract, measured from a height five (5) feet ORDINANCE NO. 2023-4453 Page 230 of 335 above grade. Such screening shall be coordinated with the building architecture, materials, colors, and scale to maintain a unified appearance. Acceptable methods of screening include encasement, parapet walls, partition screens, and brick/stone/masonry walls or fences. Electrical panel boxes attached to the side of a building that are painted to match the building color do not require additional screening. b. Roof-mounted mechanical equipment shall be screened from any right-of-way, public way, or adjacent property by either the roof itself (including within a cut-out) or by a false roof element (i.e., chimney, cupola). Components of a mechanical equipment system, such as vents or exhaust pipes, protruding from the roof that are no larger than twelve (12) inches in diameter nor exceeding the height of the roof line are not required to be screened but must be painted to match the roof color. 3. Building Mass and Design. a. Horizontal Façade Articulation. 1) Façade articulation (wall plane projections or recessions) is required on the first two (2) stories of any primary façade that exceeds two hundred (200) feet in horizontal length. No more than thirty-three (33) percent of any primary façade shall be on the same continuous geometric plane. Wall plane projections or recessions shall have a minimum depth of four (4) feet. 2) For all properties zoned SC Suburban Commercial, primary façades on buildings over eight thousand (8,000) square feet shall have an articulation of a minimum four (4) foot depth within each fifty (50) foot section of façade. 3) For all properties zoned MU Mixed-Use, the vertical wall plane of any façade visible from the public right-of-way, street, or public way shall project and/or recess by a minimum of two (2) feet so that no more than sixty-six (66) percent of the façade is on the same plane. b. Building Entry Design. 1) To provide a sense of arrival and shelter, public building entrances are to feature a protected entry through the use of an awning, canopy, porte-cochere, recessed entry, or another similar architectural element. 2) Buildings that have multiple ground floor tenants or multiple primary building entrances shall have all entrances treated architecturally. 3) For all properties zoned WC Wellborn Commercial, the following additional standards shall apply: a) All buildings shall be required to provide a covered front porch along the full length of the public entry façade, projecting a minimum of four (4) feet from the face of the building. b) All buildings that have frontage on Wellborn Road and/or Live Oak Street, shall have a public entry facing both rights-of-way. c) In cases where more than two (2) facades require a public entrance, the administrator may determine which two (2) facades require entrances. c. Architectural Relief. 1) To provide visual interest, the first two (2) stories of any primary façade or façade visible from a public right-of-way or public way shall use at least one (1) architectural relief element for every twenty-five (25) horizontal feet, or part thereof, of façade length. 2) Façades requiring architectural relief shall provide a minimum of two (2) different types of relief elements per façade. ORDINANCE NO. 2023-4453 Page 231 of 335 3) To avoid monotony, no more than fifty (50) percent of the required minimum number of elements on a façade may consist of the same type of relief element. 4) The design elements may be grouped or spaced as needed along the façade, though in no case shall more than seventy-five (75) feet of continuous horizontal length be void of a relief element. 5) Design elements used to meet architectural relief must have a functional architectural purpose. For example, awnings may not be located over faux windows or a wall area that does not have an opening. 6) A relief element counted to meet the requirement of one (1) façade may not also be counted toward another façade. 7) Architectural relief is not required for façades, or parts of a façade, that are withi n fifteen (15) feet of another building that screens the façade. 8) Accessory buildings to a primary use, where each façade is equal to or less than twenty-five (25) horizontal feet in length or the perimeter of all façades is less than one hundred (100) horizontal feet in length, and where each façade incorporates the same building materials and colors as the primary structure, are not required to provide architectural relief elements. 9) Architectural relief elements may be added to a non-conforming façade of an existing building subject to the following limitation: if more than fifty (50) percent of the required number of elements on a façade are added, removed, or altered, including on a cumulative basis, the façade must be brought into compliance for architectural relief. 10) For all applicable properties other than those located in SC Suburban Commercial, WC Wellborn Commercial, and MU Mixed-Use districts, the following types of architectural relief may be utilized to meet the requirements of this Section: a) Canopies, permanent decorative awnings, or windows accompanied by overhangs that exceed eighteen (18) inches; b) Wall plane projections or recessions with a minimum of four (4) foot depth; c) Pilasters that project from a wall at least four (4) inches or columns; d) Roofline articulation as described below may count as one (1) element for a façade if it is used on a façade where the articulation is not already required; e) A well-defined cornice or other architectural termination to visually cap the building along a parapet may count as one (1) element for a façade if it is used on a façade where this feature is not already required; f) Recessed entries, stoops, porches, or arcades; g) Balconies that extend from the building; h) Boxed or bay windows; i) Decorative stormwater management initiatives physically integrated with the building, as approved by the Administrator; or j) Other architectural relief elements that provide visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. 11) For all properties zoned SC Suburban Commercial and WC Wellborn Commercial, the following types of architectural relief may be utilized to meet the requirements of this Section: ORDINANCE NO. 2023-4453 Page 232 of 335 a) Decorative or functional window shutters; b) Covered front porch extending along at least fifty (50) percent of the building façade and projecting a minimum of four (4) feet from the face of the building if used on a façade where this feature is not already required; c) Eaves over eighteen (18) inches, if used on a façade that does not have a covered front porch; d) Window planter boxes; e) Window canopy; f) Dormers; g) Transom windows; h) Decorative façade lighting; i) Chimneys or cupolas; j) Cross gables; k) Entry portico; l) Horizontal articulation with a minimum depth of four (4) feet for WC Wellborn Commercial only; m) Canopies, permanent decorative awnings, or windows accompanied by overhangs that exceed eighteen (18) inches for SC Suburban Commercial zoning only; n) Pitched roof or peaked parapet roof if it gives the appearance of a pitched roof from all sides and has a minimum roof slope of four inches over twelve inches (4/12) for SC Suburban Commercial zoning only; or o) Other architectural relief elements that provide visual interest to the affected façade and are of a physical scale to possess architectural significance as may be approved by the Administrator. 12) For all properties zoned MU Mixed-Use, the following types of architectural relief may be utilized to meet the requirements of this Section: a) Canopies or permanent decorative awnings; b) Wall plane projections or recessions with a minimum of four (4) foot depth; c) Pilasters that project from a wall at least four (4) inches or columns; d) Recessed entries, stoops, porches, or arcades; e) Balconies that extend from the building; f) Boxed or bay/oriel windows; g) Hood/drip molding over windows; h) Cornices, corbelling, quoining, or stringcourses; i) Decorative or functional window shutters; j) Window planter boxes; k) Transom windows; l) Decorative façade lighting; m) Chimneys or cupolas; or ORDINANCE NO. 2023-4453 Page 233 of 335 n) Other architectural relief elements that provide visual interest to the affected façade and are of a physical scale to possess architectural significance may be approved by the Administrator. d. Other Mass and Design Requirements. 1) For all properties zoned SC Suburban Commercial, the gross floor area of a single structure shall not exceed fifteen thousand (15,000) square feet in area. 2) For all properties zoned WC Wellborn Commercial, the gross floor area of a single structure shall not exceed ten thousand (10,000) square feet in area. 3) For all properties zoned MU Mixed-Use: a) The ground floor shall have a minimum floor-to-ceiling height of twelve (12) feet. b) The commercial portions of any façade facing a public right-of-way, street, or public way shall be at least thirty (30) percent transparent between zero (0) feet and eight (8) feet above ground level. c) Public entry is required on all façades facing a public right-of-way, street, or public way. In the event more than two (2) façades require a public entrance, the Administrator may determine which two (2) façades require entrances. The Administrator may also forward the question to the Design Review Board for any reason. d) Loading docks, overhead doors, and service entries shall not be located on a façade facing a public right-of-way, street, or public way. In the case that more than two (2) façades face a public right-of-way, street, or public way, the Administrator shall determine the most appropriate façade for such activities. e. Roof and Roofline Design. 1) On buildings three (3) stories or less, the horizontal line of a flat roof or parapet along a primary entrance façade, along any façade facing a public right-of-way of a street classified as a minor arterial or higher on the Comprehensive Plan Functional Classification & Context Class Map, and on all façades visible from a public right-of-way for properties that are zoned MU Mixed Use, shall vary by a minimum of two (2) feet up or down so that no more than sixty-six (66) percent of the roofline is on the same elevation, as represented below. Roofline Design Standards 2) For all rooflines that are required to articulate as described above, the parapet roof line shall feature a well-defined cornice or other architectural termination to visually cap the building along the roofline. 3) For all properties zoned WC Wellborn Commercial, roofs shall be similar to resi dential roof types. Flat roofs are not permitted. Shed roofs are only permitted as part of a peaked roof network. A peaked parapet is permitted if it gives the appearance of a pitched roof from all sides. The roof slope must be a maximum of eight inches over twelve inches (8/12) and a minimum of four inches over twelve inches (4/12). ORDINANCE NO. 2023-4453 Page 234 of 335 f. Building Materials. 1) The following minimum amount of fired brick, natural stone, marble, granite, or any concrete product so long as it has an integrated color and is textured or patterned (not aggregate material) to simulate brick, stone, marble, or granite shall be provided: a) A minimum of ten (10) percent on any façade visible from a public right-of-way or public way; b) A minimum of twenty (20) percent on primary entrance façades (single or multiple tenant building) that exceed two hundred (200) feet in horizontal length; c) A minimum of twenty (20) percent on any façade facing a public right-of-way of a street classified as a major collector on the Comprehensive Plan Functional Classification & Context Class Map; and d) A minimum of thirty (30) percent on any façade facing a public right-of-way of a street classified as a minor arterial or higher on the Comprehensive Plan Functional Classification & Context Class Map. 2) Building materials used to meet the minimum material requirements as provided above may not be painted. 3) The following building materials are allowed on all façades subject to the following limitations: a) Stucco, Exterior Insulation and Finish System (EIFS), high build textured paint on concrete to simulate the appearance of stucco, split-face concrete masonry that does not simulate brick or stone, fiber cement siding, reflective glass, or any material equivalent in appearance and quality as determined by the Design Review Board, shall not cover more than seventy-five (75) percent of any façade. b) Wood or cedar siding, stainless steel, chrome, standing seam metal, premium grade architectural metal, or architecturally finished metal panels (not corrugated metal) shall not cover more than thirty (30) percent of any façade. c) Tile or smooth face tinted concrete blocks shall only be used as an accent and shall not cover more than ten (10) percent of any façade. d) Painted metal panel siding is allowed without limitation on a rear façade of a building when the façade is not visible from a right-of-way, parkland, greenway, or any residential area. e) Galvanized steel and painted steel are allowed on doors, including roll -up doors. f) Metal, standing seam metal, architectural metal or steel may be used as a roof and or canopy/awnings with no limitation on percentage. g) In WC Wellborn Commercial wood or cedar siding shall be allowed but not cover more than seventy-five (75) percent of any façade and reflective glass shall not cover more than thirty (30) percent of any façade. 4) When determining the area of a façade, doors, windows, and other openings are included and roof area is not included. 5) Existing buildings may continue to utilize materials other than those listed provided that any material replacement is for maintenance purposes only and the existing material is continued. Any material change or replacement of more than fifty (50) percent of the total area of a façade, including on a cumulative basis, shall require that all building materials be brought into compliance on that façade. ORDINANCE NO. 2023-4453 Page 235 of 335 6) All architectural submittals shall provide elevation drawings for each façade and a material legend (see sample below) for each façade. SAMPLE LEGEND USE OF MATERIALS ON FAÇADE 'A' Total Square Footage of Façade 'A': 10,000 SF Materials Façade Area in Square Feet Percent of Facade Stucco 2,000 SF 20% Brick 5,000 SF 50% Doors and Windows 3,000 SF 30% D. Alternative Compliance Permitted. The Design Review Board may authorize variation to the overall requirements of this Section through an application from a licensed architect for an alternative compliance approval that would allow the innovative or visually interesting design or to address unique circumstances not otherwise permitted through strict adherence to this Section. Such requests must show reasonable evidence that the purposes of the requirements as set forth in this Section were maintained and that the additional design flexibility afforded does not provide a means to permit the design of lesser quality. E. Waivers and Appeals. The Design Review Board shall review requests for deviations from this Section. The Design Review Board shall approve waivers or appeals found meeting the intent and general purposes of the standards as it is recognized that unique and unforeseen design circumstances exist in the application of the standards. Financial hardship may not be considered in the review or determination of a waiver proposal. The Design Review Board may review and approve the following: 1. Substitutions of building materials if the applicant shows that: a. The building material is a new or innovative material manufactured that has not been previously available to the market or the material is not listed as an allowed or prohibited material herein; b. The material is similar and comparable in quality and appearance to the materials allowed in this Section; or c. The material is an integral part of a themed building (example 50's diner in chrome). 2. Alternate materials on each façade if the applicant shows that: a. The applicant is a franchised and/or chain commercial use to be developed as a single detached building (not integrated into a multi-tenant building); b. The proposed materials are part of its corporate branding; and c. The applicant provides all of the alternative materials schemes the chain or franchise has used. 3. Alternative materials on façade work that does not involve an expansion of an existing building as defined in Article 9, Nonconformities of this UDO or constitute redevelopment if the applicant shows that: a. The materials allowed in this Section cannot be utilized without a structural alteration(s) to the existing building; and b. A licensed professional engineer or architect verifies in writing that a structural alteration is required to apply the permitted façade materials to the building. 4. Alternatives to the options for required screening of mechanical equipment. 5. Alternatives to the design elements available to provide architectural relief. ORDINANCE NO. 2023-4453 Page 236 of 335 6. Relief from the building orientation and access for buildings in MU Mixed-Use districts when physical characteristics limit the site or provide unique orientation and access opportunities. 7. Reduction in the percentage of required building transparency for the rehabilitation or expansion of existing buildings in MU Mixed-Use districts if it can be proven by the applicant that inherent site characteristics constrain the proposed project from meeting the transparency requirement. 8. A variance of up to one hundred (100) percent from the façade articulation or roofline standards herein if the applicant shows that it is not financially or structurally feasible. F. Submittal Requirements. When the non-residential architectural standards are applicable, submitted building elevations shall include the following: 1. Scaled building elevations for each façade, depicting the required architectural relief and other design elements. 2. Accurate building footprint(s) and general orientation of the building façades in relation to adjacent rights-of -way, public ways, and properties. Sec. 7.11. Outdoor Lighting Standards. It is recognized that no design can eliminate all ambient light from being reflected or otherwise visible from any given development; however, the following requirements shall be followed to the fullest extent possible to limit nuisances associated with lighting and resulting glare. A. Applicability. All lighting within developments shall meet the requirements of thi s Section, except that single-family, duplexes, townhouses, primary and secondary educational facilities containing a building with a Group "E" occupancy as defined in the International Building Code, athletic fields, and lighting not visible from the perimeter of development are exempted. B. Site Lighting Design Requirements. 1. Fixture (luminaire). The light source shall not project below an opaque housing. No fixture shall directly project light horizontally. 2. Light Source (lamp). Only incandescent, florescent, metal halide, mercury vapor, or color-corrected high-pressure sodium may be used. The same type must be used for the same or similar types of lighting on each site throughout any master-planned development. 3. Mounting. Fixtures shall be mounted in such a manner that the projected cone of light does not cross any property line. C. Specific Lighting Requirements. The following specific lighting requirements apply: 1. Façade and flagpole lighting must be directed only toward the façade or flag and shall not interfere with the night visibility on nearby thoroughfares or shine directly at any adjacent residential use. 2. All lighting fixtures incorporated into non-enclosed structures (i.e., gas pump canopies, car washes, etc.) shall be fully recessed into the underside of such structures. ORDINANCE NO. 2023-4453 Page 237 of 335 3. For properties zoned SC Suburban Commercial, site and building lighting may not be located within required buffer areas or within required building setbacks adjacent to single -family use or zoning district, except when pedestrian walkways or trails are provided. 4. For properties zoned SC Suburban Commercial and WC Wellborn Commercial, site and parking lot lighting fixtures may not exceed the eave height of the building to which they principally relat e, with a maximum height limit of twenty (20) feet. 5. For properties zoned BP Business Park, site and parking lot lighting fixtures may not exceed the height of the building to which they principally relate, with a maximum height limit of twenty (20) feet. Permitted and Prohibited Outdoor Lighting Fixtures Sec. 7.12. Outdoor Storage and Display. A. General. Outdoor storage and display is allowed in non-residential districts in accordance with this Section. Any merchandise, material, or equipment situated outdoors and visible from the public right-of-way or adjacent properties shall be subject to the requirements of this Section. No outdoor storage or display shall be allowed to occur in required parking areas. For the purpose of this Section, outdoor storage, display, and sales shall be broken down into the four (4) categories listed below. B. Categories of Outdoor Storage and Display. 1. Outdoor Display. Outdoor display is the display of items actively for sale or rent. Outdoor display shall be allowed adjacent to a principal building wall and extending to a distance no greater than five (5) feet from the ORDINANCE NO. 2023-4453 Page 238 of 335 wall. In lieu of this requirement, a business may obtain site plan approval for outdoor display areas adjacent to the principal building's public entry façade. Such areas shall not exceed ten (10) percent of the total gross floor area of the principal structure or two thousand five hundred (2,500) square feet, whichever is less. Such storage shall not be permitted to block windows, entrances, or exits, and shall not restrict pedestrian or vehicular circulation, access, or parking. 2. Permanent Outdoor Sales Areas. Merchandise may be stored or displayed on-site for sale to customers. Permanent outdoor sales areas shall be enclosed by a minimum six (6) foot screen or wall. Such areas shall not exceed two thousand five hundred (2,500) square feet or ten (10) percent of the total site area, whichever is less. Permanent outdoor sales areas must comply with district setback requirements. Such areas may not interfer e with parking or parking lot requirements. Permanent areas open to the public for the display and/or sale of merchandise shall be shown on a site plan and will be included in parking requirement calculations. 3. Temporary Outdoor Sales and Storage. Temporary outdoor sales areas, including sales tents, may be displayed for a two (2) week period in a calendar year. Such areas shall be clearly defined and shall not interfere with parking lot requirements. Christmas trees may be displayed for sale from November 15 to December 31. 4. General Outdoor Storage. Outdoor storage consists of all remaining forms of outdoor storage not classified above. Outdoor storage that is visible to the public right-of-way or adjacent properties is allowed so long as it is completely screened from view outside the site by a solid wall or fence at least six (6) feet in height. Except for developments in the M-2 Heavy Industrial district, outdoor storage shall not exceed the height of the required screening. Outdoor storage shall not be allowed within a required front setback. C. Exceptions. 1. Vehicles for sale as part of a properly permitted vehicle sales use (including boats and manufactured housing) shall not be considered merchandise, material, or equipment subject to the restrictions of this Section. Such vehicles shall be located and displayed on a paved area that meets parking lot pavement standards and shall be screened under the same requirements for a parking lot. 2. Waste generated on-site and deposited in ordinary refuse containers shall not be considered outdoor display or storage. D. Location of Outdoor Storage and Display. Unless specifically authorized elsewhere in the City of College Station Code of Ordinances, all outdoor storage, display, and sales shall be located outside the public right-of-way and must adhere to the required district setbacks. Sec. 7.13. Traffic Impact Analyses. This Section establishes requirements and procedures pertaining to traffic impact analyses. This Section is intended to inform the applicant of the City's expectations to ensure safe and adequate access to development properties, adequate traffic flow on existing and proposed/planned roadways, and sufficient connectivity of the existing and proposed/planned roadway system attributable to their proposal. In addition, this Section is intended to expedite the City's review of traffic impact analysis reports, provide standard criteria for evaluating proposals, and identify some potential mitigation measures. The traffic impact analysis is intended to form the basis for the design of any proposed access/roadway system to ensure coordination of the proposed land use with the transportation needs resulting therefrom. The City and the developer share the responsibility to identify and solve transportation issues arising from land development. The City requires that traffic impact analyses accompany certain zoning applications, certain preliminary plan applications, and certain site plan applications. It is intended that any traffic impact analysis required for any type ORDINANCE NO. 2023-4453 Page 239 of 335 of land development proposal will complement the overall goal of ensuring that adequate transportation facilities are in place to serve land uses by the time those uses are occupied and generating traffic. These purposes are further amplified below. A. Purpose. 1. Zoning Traffic Impact Analysis. The goal of a traffic impact analysis submitted in conjunction with a zoning request is to determine the effect that uses allowed within various proposed zones will have on existing and/or any proposed/planned roadway systems, and to ensure there is a balance between future land uses and future transportation systems. Zoning applications that are required to have a traffic impact analysis are evaluated using both current and long-term traffic and roadway scenarios. The traffic impact analysis will determine whether acceptable levels of service will be maintained for traffic flow within the proposed project and in its study area. Where service levels fall below acceptable standards, mitigation solutions will be analyzed for their effectiveness. A traffic impact analysis for a zoning request should not recommend mitigation measures that are inconsistent with any traffic or roadway provisions of the UDO or the Comprehensive Plan, including the Thoroughfare Plan. The Planning and Zoning Commission and the City Council shall consider the findings of the traffic impact analysis in approving or disapproving zoning changes to the extent allowed by law. 2. Preliminary Plan Traffic Impact Analysis. The goal of a traffic impact analysis submitted in conjunction with a preliminary plan is twofold: to assess the adequacy and safety of proposed access to adjacent existing or planned roadways (or designs proposed for such access or roadways) and to determine the effects the proposed project may have on current and future land development and roadway systems in its study area. Generally, the traffic impact analysis uses current and anticipated near-term traffic volumes and roadway configurations for the analysis. The process should ensure that the roadway system is, or will be, adequate to accommodate the proposed use and that safe and adequate access will be provided for travel between the site and the public roadway system. Where the traffic impact analysis shows levels of service falling below acceptable minimums on roadway systems in its study area the traffic impact analysis will recommend appropriate mitigation measures and demonstrate their effectiveness. Example mitigation techniques may include adding/lengthening deceleration/turn lanes, improving driveway access, providing connectivity, and modifying traffic control devices. Combinations of these techniques and other techniques can be considered. A traffic impact analysis for a preliminary plan should not recommend mitigation measures that are inconsistent with any traffic or roadway provisions of the UDO or the Comprehensive Plan, including the Thoroughfare Plan. The Planning and Zoning Commission shall consider the findings of the traffic impact analysis in approving or disapproving preliminary plans to the extent allowed by law. 3. Site Plan Traffic Impact Analysis. The goal of a traffic impact analysis submitted in conjunction with a site plan is twofold: to assess the adequacy and safety of proposed access to adjacent existing or planned roadways (or designs proposed for such access or roadways) and to determine the effects the site project may have on current and future land development and roadway systems in its study area. Generally, the traffic impact analysis uses current and anticipated near-term traffic volumes and roadway configurations for the analysis. The process should ensure that the roadway system is, or will be, adequate to accommodate the proposed use and that safe and adequate access will be provided for travel between the site and the public roadway system. Where the traffic impact analysis shows levels of service falling below acceptable minimums on roadway systems in its study area the traffic impact analysis will recommend appropriate mitigation measures and demonstrate their effectiveness. Example mitigation techniques may include adding/lengthening deceleration/turn lanes, improving driveway access, providing connectivity, and ORDINANCE NO. 2023-4453 Page 240 of 335 modifying traffic control devices. Combinations of these techniques and other techniques can be considered. A traffic impact analysis for a site plan should not recommend mitigation measures that are inconsistent with any traffic or roadway provisions of the UDO or the Comprehensive Plan, including the Thoroughfare Plan. The Planning and Zoning Commission shall consider the findings of the traffic impact analysis in approving or disapproving site plans to the extent allowed by law. B. Definitions. 1. Trip Generation Rates. Trip generation rates are used to estimate the amount of vehicular traffic generated by proposed rezoning or a proposed site plan. For zoning and preliminary plan traffic impact analyses, these rates are shown by zoning district in the table below. Preliminary plan trip generation rates should be based on the underlying zoning district. Site plan traffic impact analyses shall use rates set forth in the latest edition of the Trip Generation Report published by the Institute of Transportation Engineers (ITE) unless said report does not adequately address the type or intensity of the proposed land use. In this event, the applicant or their agent shall submit projected vehicle trips to the Administrator. For land uses adequately represented in said report, alternate trip generation rates shall not be accepted. Trip Generation Rates for Residential Zoning Districts Zoning Classification Maximum Units/Acre ITE Land Use Code Trip Rate/Unit Trip Rate/Acre R 0.33 210 1 0.33 WE 0.5 210 1 0.5 E 1 210 1 1 WRS 2 210 1 2 RS 4 210 1 4 GS 8 210 1 8 D 12 230 0.52 6.24 T 14 230 0.52 7.28 MH 24 230 0.52 12.48 MF 30 220 0.62 18.6 MU Determined by Administrator MHP Determined by Administrator P-MUD Determined by Administrator Trip Generation Rates for Non-Residential Zoning Districts Zoning Classification Maximum Building Area/Acre* ITE Land Use Code Trip Rate/1,000 SF Trip Rate/Acre O 16,000 SF 710 1.55 25 SC 11,000 SF 820 3.75 40 WC 11,000 SF 820 3.75 40 GC 13,500 SF 820 3.75 50 CI 16,000 SF 710 1.55 25 BP N/A 130 0.85 8.85 BPI N/A 770 1.43 19 CU Determined by Administrator PDD Determined by Administrator * Density maximum calculated based on existing (2007) developments in the City of College Station. ORDINANCE NO. 2023-4453 Page 241 of 335 Trip Generation Rates for Retired Zoning Districts Zoning Classification Maximum Units or Building Area/Acre* ITE Land Use Code Trip Rate/1,000 SF Trip Rate/Acre R-4 20 220 0.62 12.4 R-6 30 220 0.62 18.6 C-3 11,000 SF 820 3.75 40 R&D N/A 760 N/A 16.8 M-1 N/A 110 N/A 7.5 M-2 N/A 120 N/A 2.2 * Density maximum calculated based on existing (2007) developments in the City of College Station. 2. Design Year. The design year is the point in time upon which assumptions pertaining to land use, population, employment, and transportation facilities are based. All traffic impact analyses shall use a design year based on the expected date of project occupancy and shall include consideration of nearby development that has been approved and will contribute traffic volume to the proposed project's study area. 3. Peak Periods. Peak periods relate to times of day experiencing the greatest hourly traffic flow rates. Two (2) "peaks" are to be addressed by a traffic impact analysis: The morning and afternoon peak hours (or projected peak hours) of existing (or planned) roadways serving the proposed land development. Typically, roadway peak periods are between 7:00 and 9:00 a.m. and between 4:00 and 6:00 p.m. 4. Base Volumes. Base volumes shall be based on current traffic counts adjusted to the expected date of project occupancy plus volumes generated by nearby future development (all phases) that has been approved by the City. When available, base data will be supplied by the City Traffic Engineer. In all cases where traffic counts are needed and are not available, the developer or their agent shall be required to collect such data according to guidelines approved by the Administrator. 5. Level of Service. Level of service is a measure of the extent of congestion experienced on roadways. It is measured through analysis of traffic operating conditions on roadway links and at intersections, using techniques presented in the latest edition of the Transportation Research Board's Highway Capacity Manual. C. Applicability. 1. Zoning Traffic Impact Analysis. Any zoning request, except for certain redevelopment areas as designated on the Comprehensive Plan Future Land Use & Character Map, which is expected to generate at least one hundred fifty (150) vehicle trips during any peak hour period requires a traffic impact analysis. Where the Comprehensive Plan designates a property as a redevelopment area, a traffic impact analysis is required if the zoning request is expected to generate at least one hundred fifty (150) vehicle trips during any peak hour period more than those generated by the currently approved use(s) on the property. A zoning request involving multiple zoning districts is required to have a traffic impact analysis based on the total traffic generated for all the proposed districts. A traffic impact analysis may be required for a zoning request that generates less than one hundred fifty (150) trips in the peak hour, where the peaking characteristics could have a detrimental impact on the transportation system as determined by the Administrator. ORDINANCE NO. 2023-4453 Page 242 of 335 A traffic impact analysis shall be required unless the applicant demonstrates to the satisfaction of the Administrator that a traffic impact analysis is not necessary for the proposed rezoning request. In cases where a traffic impact analysis is required, the rezoning application will be considered incomplete until the traffic impact analysis is submitted. 2. Preliminary Plan Traffic Impact Analysis. Any proposed development requiring preliminary plan approval, which is expected to generate at least one hundred fifty (150) trips in any peak hour period requires a traffic impact analysis. A traffic impact analysis may be required for preliminary plans that generate less than one hundred fifty (150) trips in any peak hour period where the peaking characteristics could have a detrimental impact on the area's vehicular transportation system as determined by the Administrator. A traffic impact analysis shall be required unless the applicant demonstrates to the satisfaction of the Administrator that a traffic impact analysis is not necessary for the proposed project. In cases where a traffic impact analysis is required, the preliminary plan application must be accompanied by the traffic impact analysis. 3. Site Plan Traffic Impact Analysis. Any proposed development requiring site plan approval, excluding developments located in the zoning classifications of NG-1 Core Northgate, NG-2 Transitional Northgate, or NG-3 Residential Northgate, which is expected to generate at least one hundred fifty (150) trips in any peak hour period requires a traffic impact analysis. A traffic impact analysis may be required for site plans that generate less than one hundred fifty (150) trips in any peak hour period where the peaking characteristics could have a detrimental impact on the area's vehicular transportation system as determined by the Administrator. A traffic impact analysis shall be required unless the applicant demonstrates to the satisfaction of the Administrator that a traffic impact analysis is not necessary for the proposed site project. In cases where a traffic impact analysis is required, the site plan application must be accompanied by the traffic impact analysis. D. Methodology. 1. Professional Engineer to Perform Traffic Impact Analysis. All required traffic impact analyses shall be performed by a professional engineer licensed in the State of Texas and qualified to perform such analysis. Qualifications may include but are not limited to certification as a Professional Traffic Operations Engineer or Professional Transportation Planner by the Institute of Transportation Engineers or certification by the Texas Department of Transportation (TxDOT) to conduct traffic engineering studies. 2. Pre-Submittal Meeting. A pre-submission consultation with the Administrator is required at the time of the pre-application conference to discuss whether a traffic impact analysis is required and, if so, the relevant aspects thereof. The study area will be defined to include nearby land developments (existing or approved), the street network to be examined (the study network), and the minimum extent of analysis. In addition, details of the procedures, assumptions, data collection, and analysis methodologies will be determined at this meeting. Traffic from other nearby developments that have been approved but not yet constructed will be accounted for in the traffic impact analysis as determined by the Administrator. The Administrator may require other specific assumptions such as the percentage of trucks to match local conditions. The City may require analysis of peak fifteen (15) minute intervals for certain types of land uses that generate major traffic surges including but not limited to stadiums, movie theaters, arenas, and schools. 3. Zoning Traffic Impact Analysis Content. a. Study Area. ORDINANCE NO. 2023-4453 Page 243 of 335 A map(s) will delineate the traffic impact analysis study area, including land areas to be considered and all existing/planned streets therein, and the study network (those streets and intersections requiring specific analysis). The study area shall be determined based on the geographical area most affected by the proposed zoning request as determined by the Administrator after conferring with the applicant's traffic engineer. b. Existing Zoning. A description by zoning classification of the existing zoning in the area proposed for rezoning. c. Proposed Zoning. A description of the proposed zoning including the land area by zoning classification. d. Roadway Network. A description of the existing and proposed/planned roadways of all classifications and traffic volumes on the study network within the study area. e. Impact Determination. An assessment of projected traffic volumes is to be made for all study network roadways, comparing those with allowable volume limits on roadways classed as collector and local, and providing a description of the volume/capacity ratio for all roadways in the study network. In addition, delay projections for signalized and unsignalized intersections in the study network will be determined. Where volume/capacity ratios and intersection delay are the measures of effectiveness level of service D or better must be maintained. The analysis shall contain the following minimum information: 1) Proposed Trip Generation. Show in tabular form trip generation rates (see the tables above in this section) and the total trips generated based on proposed zoning. 2) Existing Trip Generation. Show in tabular form trip generation rates (see the tables above in this section) and the total trips generated based on existing zoning. 3) Net Increased Trip Distribution and Assignment. Show proposed trip generation minus existing trips and the calculation of new trips generated. The net increase in trips generated by the zoning request is to be added to the base volumes projected by design year. Twenty-four (24) hour and peak hour volumes must be calculated. Distribution and assignment calculations must be provided. 4) Level of Service Analysis. Show in tabular form the peak hour level of service for existing and proposed zoning. Calculations shall include all thoroughfare links and intersections. Calculate the level of service and percentage change (when compared to base volumes) for each link and intersection. 5) Neighborhood Traffic Analysis. If a proposed rezoning is projected to increase the traffic on an existing or proposed/planned minor collector or local residential street by at least ten (10) percent, a neighborhood traffic analysis shall be performed. This analysis will include an evaluation o f existing and projected traffic on the affected roadways. Where the projected traffic exceeds the limits indicated in the Bryan/College Station Unified Design Guidelines, the street network layout must be adjusted to lower this traffic volume. ORDINANCE NO. 2023-4453 Page 244 of 335 6) Conclusions. Summarize points of conflict and congestion, identify all thoroughfare links and intersections not achieving a level of service D or better, and the percentage change resulting from the proposed zoning change. The results of examining collector and local residential roadways, including the findings of any neighborhood traffic analysis must also be summarized. f. Mitigation. A description of the mitigation measures proposed for achieving acceptable service thresholds shall be shown. Analysis of the study network as adjusted by the proposed measures must be documented. Traffic produced by the proposed zoning request plus traffic levels projected by the time of project occupancy should result in a level of service D or better. Locations not meeting a level of service D where the proposed zoning contributes five (5) percent or more of the peak hour traffic must be mitigated by the applicant. Acceptable methods of mitigating negative traffic impacts include one (1), or a combination of, the measures listed below but are not limited to those listed. 1) Modifying the zoning request so that resulting traffic volumes yield a level of service D or better throughout the study network. 2) Modify any street network proposed as part of the development project in terms of size, layout, connectivity, intersection layouts, or location of termini with thoroughfares, or any combination of such changes. 3) Limit development densities/intensities within one (1) or more zoning classifications or land parcels to result in acceptable traffic volumes. 4) Making minor thoroughfare or intersection improvements, such as adding/extending or relocating turn lanes, adding/extending acceleration and/or deceleration lanes, adding non-traversable medians, relocating median openings, using special directional median openings, or using special features to facilitate safe U-turn maneuvers. Amendments to the Comprehensive Plan Functional Classification & Context Class Map shall not be accepted as a means of mitigating negative impacts unless the proposed amendment(s) can be shown to enhance capacity and safety and will be constructed as part of the proposed land development project. g. Planning and Zoning Commission Report. The Planning and Zoning Commission shall make a report to the City Counci l on all traffic impact analyses it considers in conjunction with rezoning requests. The Planning and Zoning Commission may make a recommendation for approval, modification, or denial of the zoning case based on other planning factors in addition to its review of the traffic impact analysis. Where the identified impacts of the proposed zoning cannot be adequately mitigated, the Planning and Zoning Commission may recommend to the City Council one (1) or more of the following actions: 1) Denial of the zoning case in total or in part. 2) Other action(s) deemed appropriate by a study made, or endorsed by, a qualified traffic engineer to mitigate negative traffic impacts. 4. Preliminary Plan Traffic Impact Analysis Content. Submittals of traffic impact analyses for preliminary plan projects shall include the following: a. Study Area. ORDINANCE NO. 2023-4453 Page 245 of 335 A map(s) delineating the traffic impact analysis study area, including land areas to be considered and all existing/planned roadways therein, and the study network (those roadways and intersections requiring specific analysis). The study area will be determined by identifying the geographical area most affected by the proposed development as determined by the Administrator after conferring with the applicant. In general, the study area will cover all intersections through which at least ten (10) percent of the proposed development's site traffic passes and shall extend to and include at least the first traffic signal in all directions if within one (1) mile of any portion of the site. Existing roadway and intersection capacities shall be shown. b. Existing Zoning. A description of existing zoning in the area included in the preliminary plan. c. Thoroughfare Network. A description of existing thoroughfares, signals, signal phasing, and traffic volumes within the study area. d. Proposed Development. A description of the proposed development including land area (gross and net), square footage, density, dwelling units, etc. Also, a description of anticipated roadway conditions expected by the date of completion of the proposed development shall be included. e. Proposed Roadway Network. Identification of the proposed roadway network for the preliminary plan. This shall include the location of access points, the location and number of lanes of proposed roadways or public ways, and proposed traffic controls. It must also include any proposed modifications to adjacent roadways. f. Impact Determination. A determination of the level of service for all roadways and intersections in the study ar ea shall be included, as shall an evaluation of pedestrian, bicycle, and motor vehicle safety conditions within the preliminary plan. The analysis shall contain the following minimum information: 1) Proposed Trip Generation. A calculation of the total trip generation by use within the study area assuming full development and occupancy, including both peak hour and twenty-four (24) hour information showing any reductions attributed to passers-by, mixed-use, etc. Show trip generation by use in tabular form with land use trip generation rates and trips generated. 2) Trip Distribution and Assignment. A calculation of trips generated by the proposed development as added to the base volumes projected for the design year. Peak hour volumes must be calculated. Distribution assumptions (and the bases, therefore) and assignment calculations must be provided. 3) Level of Service Analysis. A depiction shown in tabular form, twenty-four (24) hour and peak hour volume/capacity ratios for links and intersections within the study area. This analysis should be done for the following traffic conditions: existing traffic, existing traffic plus projected traffic. 4) Neighborhood Traffic Analysis. If the traffic impact analysis calculations show that a proposed preliminary plan increases traffic on a minor collector or local residential street by at least ten (10) percent, a neighborhood traffic analysis shall be performed. This analysis will include an evaluation of existing and projected traffic on the affected roadways. Where the projected traffic ORDINANCE NO. 2023-4453 Page 246 of 335 exceeds the limits indicated in the Bryan/College Station Unified Design Guidelines mitigation to lower this traffic may be required. 5) Conclusions. A summary of findings must be reported. It must show all adjacent roadways and intersections noting those that fail to provide a level of service D or better, and the percent increase in total traffic produced by the proposed project. In addition, the report must demonstrate that the proposed roadway network will provide safe and adequate access to the development. It also must identify any safety and operational problems (e.g., driveways, sight distances, median openings, and signalization) within the study area. g. Mitigation. A description of the mitigation measures proposed for meeting acceptable traffic service thresholds shall be shown. Where the development is contributing five (5) percent or more of the traffic at locations failing to meet a level of service D or better the total trips should be mitigated by the applicant to low enough levels to achieve the required standard (or to pre - development levels if the pre-development level is less than a level of service D). Acceptable measures for mitigating negative traffic impacts include one (1), or a combination of, those listed below. 1) Modifying the density or intensity of land use, such as a reduction in square footage or the percentage of commercial use to result in traffic levels meeting a level of service D or better; 2) Phasing approval and construction of a project until additional roadway capacity becomes available; 3) Modifying the proposed street network in terms of size, layout, connectivity, intersection layouts, or location of termini with thoroughfares or any combination of such changes; 4) Making off-site improvements including the construction of additional lanes, increases in storage lane capacities, or modification/installation of signalization, to list some examples. h. Costs of Mitigation. Mitigation improvements that are attributable to the proposed development shall be funded at the developer's expense. Any other improvements shown which are consistent with the Thoroughfare Plan may be repaid by the City in accordance with its cost-sharing policies. 5. Site Plan Traffic Impact Analysis Content. Submittals of traffic impact analyses for site plan projects shall include the following: a. Study Area. A map(s) delineating the traffic impact analysis study area, including land areas to be considered and all existing/planned roadways therein, and the study network (those roadways and intersections requiring specific analysis). The study area will be determined by identifying the geographical area most affected by the proposed development as determined by the Administrator after conferring with the applicant. In general, the study area will cover all intersections through which at least ten (10) percent of the proposed development's site traffic passes and shall extend to and include at least the first traffic signal in all directions if within one (1) mile of any portion of the site. Existing roadway and intersection capacities shall be shown. b. Existing Zoning and Development. A description of existing zoning including land area (gross and net) by zoning classification, square footage, the density of hotel rooms, dwelling units, etc. Also, a description of the ORDINANCE NO. 2023-4453 Page 247 of 335 development currently within the proposed site plan, including showing how it will be affected by the new development proposal. c. Thoroughfare Network. A description of existing thoroughfares, signals, signal phasing, and traffic volumes within the study area. d. Proposed Development. A description of the proposed development including land area (gross and net), square footage, the density of hotel rooms, dwelling units, etc. Also, a description of anticipated roadway conditions expected by the date of occupancy of the proposed development shall be included. e. Proposed Access. Identification of the proposed access driveways for the site. This shall include the location and number of lanes, proposed traffic controls, and relationship to on-site circulation features for each proposed point of access. It must also include any proposed modifications to adjacent roadways. Once the traffic impact analysis and an access plan have been approved, the final location and design of all access points shall meet or exceed the current access management and roadway design policies of the entity responsible for the condition of that portion of the adjacent roadway. f. Impact Determination. A determination of the level of service for all roadways and intersections in the study area shall be included, as shall an evaluation of pedestrian, bicycle, and motor vehicle safety conditions along all the roadway frontage of the site. The analysis shall contain the following minimum information: 1) Proposed Trip Generation. A calculation of the total trip generation by use within the study area assuming full development and occupancy, including both peak hour and twenty-four (24) hour information showing any reductions attributed to passers-by, mixed-use, etc. Show trip generation by use in tabular form with land use trip generation rates and trips generated. 2) Trip Distribution and Assignment. A calculation of trips generated by the proposed development as added to the base volumes projected for the design year. Peak hour volumes must be calculated. Distribution assumptions (and the bases, therefore) and assignment calculations must be provided. 3) Level of Service Analysis. A depiction shown in tabular form, twenty-four (24) hour and peak hour volume/capacity ratios for links and intersections within the study area. This analysis should be done for the following traffic conditions: existing traffic, existing traffic plus projected traffic. Capacity analyses must be shown for all points of ingress and egress, median breaks, and turn lanes associated with the proposed site. 4) Neighborhood Traffic Analysis. If the traffic impact analysis calculations show that a proposed site project increases traffic on a minor collector or local residential street by at least ten (10) percent, a neighborhood traffic analysis shall be performed. This analysis will include an evaluation of existing and projected traffic on the affected roadways. Where the projected traffic exceeds the limits indicated in the Bryan/College Station Unified Design Guidelines mitigation to lower this traffic may be required. ORDINANCE NO. 2023-4453 Page 248 of 335 5) Conclusions. A summary of findings must be reported. It must show all adjacent roadways and intersections noting those that fail to provide a level of service D or better, and the percent increase in total traffic produced by the proposed site project. In addition, the report must demonstrate that the proposed access design will provide safe and adequate access to the project site. It also must identify any safety and operational problems (e.g., driveways, sight distances, median openings, and signalization) within the study. g. Mitigation. A description of the mitigation measures proposed for meeting acceptable traffic service thresholds shall be shown. Where the development is contributing five (5) percent or more of the traffic at locations failing to meet a level of service D or better the total trips should be mitigated by the applicant to low enough levels to achieve the required standard (or to pre- development levels if the pre-development level is less than a level of service D). Acceptable measures for mitigating negative traffic impacts include one (1), or a combination of, those listed below: 1) Modifying the density or intensity of land use, such as a reduction in square footage or the percentage of commercial use to result in traffic levels meeting a level of service D or better; 2) Phasing approval and construction of a project until additional roadway capacity becomes available; 3) Improving the access plan by dealing with features such as overall site arrangement, the placement and design features of access points, provision of additional access points to roadways not immediately adjacent to the property, provision of alternate controls, or adjustments in the site circulation system; 4) Making off-site improvements including the construction of additional lanes, increases in storage lane capacities, or modification of signalization, to list some examples. h. Costs of Mitigation. Mitigation improvements that are attributable to the proposed development shall be funded at the developer's expense. Any other improvements shown that are consistent with the Thoroughfare Plan may be repaid by the City in accordance with its cost-sharing policies. E. Criteria for Approval. The City shall consider the following standards in determining whether a proposed rezoning or submitted site plan project meets an acceptable level of service: 1. Design Requirement. The proposed rezoning or site plan project is consistent with the City's adopted access management and design requirements and is consistent with the design requirements of the Texas Department of Transportation (TxDOT) on roadways maintained by such agency. 2. Level of Service D. The desirable minimum level of service for the City of College Station is a level of service D as that term is described in the Transportation Research Board's Highway Capacity Manual. 3. Determination of Adequate Mitigation. Notwithstanding anything to the contrary herein, the appropriate Administrator and the appropriate reviewing body, where required, shall, based on recommendations by a qualified traffic engineer, ORDINANCE NO. 2023-4453 Page 249 of 335 determine whether adequate mitigation has occurred to meet an acceptable level of service utilizing the requirements set forth herein. Sec. 7.14. Drainage and Stormwater Management. A. General. 1. Purpose and Intent. This Section establishes methods for controlling the introduction of pollutants into the municipal stormwater drainage system and establishes legal authority for the City to carry out all inspections, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with the Municipal Separate Storm Sewer System (MS4) permit for industrial and construction activity. 2. Compatibility with Other Regulations. a. This Section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Section are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this Section imposes the restriction of law, whichever provision is more restrictive or imposes highe r protective standards for human health or the environment shall control. b. Any reference to this Section shall also apply to the Stormwater Discharges Article of Chapter 14, Environment and Natural Resources of the City of College Station Code of Ordinances, and both Sections shall be interpreted and enforced in conjunction with each other, where applicable. 3. General Standards. a. Final stabilization occurs when one of the following conditions has been met for a site: 1) All soil disturbing activities at a site have been completed and either of the two (2) following criteria are met: a) A uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy (70) percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures; or b) Equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. 2) When background native vegetation or other appropriate vegetation will cover less than one hundred (100) percent of the ground (e.g., arid areas, beaches), the seventy (70) percent coverage criteria is adjusted as follows: if the native vegetation or other appropriate vegetation covers fifty (50) percent of the ground, seventy (70) percent of fifty (50) percent (0.70 × 0.50 = 0.35) would require thirty-five (35) percent total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required. 3) For individual lots in residential construction: a) The homebuilder has completed final stabilization as specified above; or b) The homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization. 4) For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters of the State and areas which are not being ORDINANCE NO. 2023-4453 Page 250 of 335 returned to their preconstruction agricultural use must meet the final stabilization criteria above. b. The following categories of facilities are considered to be engaging in industrial activity: 1) Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR. subchapter N (except facilities with toxic pollutant effluent standards which are exempted under Subsection 11 below); 2) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373; 3) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR § 434.11(1) because the performance bond issued to the facility by the appropriate federal Surface Mining Control and Reclamation Act authority has been released, or except for areas of non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990, and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; 4) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of the Federal Resource Conservation and Recovery Act (RCRA); 5) Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of the RCRA; 6) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; 7) Steam electric power generating facilities, including coal handling sites; 8) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 422125), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance, equipment cleaning operations, airport deicing operations, or which are otherwise identified under Subsections 1-7 above or Subsections 9-11 below are associated with the industrial activity; 9) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, with a design flow of one (1) million gallons per day or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farmlands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that comply with Section 405 of the Clean Water Act; 10) Construction activity including clearing, grading, and excavation activities except for operations that result in the disturbance of less than one (1) acre of total land area which are not part of a larger common plan of development or sale; ORDINANCE NO. 2023-4453 Page 251 of 335 11) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 422125, (and which are not otherwise included within Subsections 2-10 above); c. For the purposes of this section: 1) Construction activity or construction activities include clearing, grading, and excavating that are subject to Texas Pollutant Discharge Elimination System (TPDES) Construction General Permits. It does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar stormwater conveyance. Additionally, it does not include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights- of-way, and similar maintenance activities. 2) Construction site includes any construction site required by the Clean Water Act to operate within the limits of a TPDES permit to discharge stormwater associated with construction activity. 3) Facility includes any facility, industrial facility, or construction site required by the Clean Water Act to have a permit to discharge stormwater associated with industrial or construction activity. 4) Industrial facility includes any facility required by the Clean Water Act to have a permit to discharge stormwater associated with industrial activity subject to TPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). B. Prohibitions. 1. Unpermitted Discharges Prohibited. It is an offense for an operator or responsible party of a facility to: a. Discharge, or cause to be discharged, stormwater associated with industrial or construction site activity without first having obtained a TPDES permit from the Texas Commission on Environmental Quality (TCEQ). b. Operate a facility that is discharging stormwater associated with a construction site activity without having submitted a copy of the notice of intent or construction site notice to the City. c. Introduce sediment, concrete, asphalt, or any other construction debris into the MS4 from construction activity. The Administrator will provide the operator with a reasonable amount of time to remove any pollutants or debris from the MS4 conveyances. C. Facility Inspection for Stormwater Discharges. 1. Applicability for Industrial and Construction Activity. a. This Section applies to all facilities located within the city limits that have stormwater discharges associated with industrial activity or construction site activity. State regulations require that subject facilities apply for and obtain general permits for industrial facilities (TPDES TXR050000) and construction sites (TXR150000) that have been determined to contribute or have the potential to contribute substantial pollutant loads to the MS4 or waters of the State. The general permits require that the permittee develop, implement, and maintain a stormwater pollution prevention plan (SWP3) and submit a notice of intent notifying the TCEQ and the MS4 operator (City of College Station). b. The MS4 permit issued to the City by the TCEQ mandates the City to "carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance with permit conditions" (Part III (E)(6)) and to implement a program that shall include "inspection of construction sites and enforcement of control measure requirements" (Part III (A)(9)(b)). To meet ORDINANCE NO. 2023-4453 Page 252 of 335 these requirements, the City must enter the premises of industrial and construction sites to inspect, monitor, and conduct surveillance of requirements mandated by the TCEQ. These requirements include, but are not limited to: 1) Review of the facilities' SWP3 with onsite conditions; 2) Evaluation of best management practices (BMPs) to effectively prohibit the discharge of non-stormwater to the MS4; 3) Inspection for illicit connections and illicit discharges; 4) Self-inspection compliance; and 5) Compliance with the City's MS4 permit and the facilities subject to general permit (TXR150000 or TXR050000). 2. Access to Industrial Facilities and Construction Sites. a. The intent of facility inspections shall be to determine compliance with the conditions of the City's TPDES permit, any TPDES general permit the facility is currently obligated to for industrial and construction activities, and this Section. Facility owners and operators will allow the Administrator ready access to applicable sections of public and private premises for the sole purpose of inspection, surveillance, and monitoring for the presence of illegal discharges to the MS4, illicit connections to the MS4, and assessment of any portions of a regulated facility influenced by stormwater runoff that may adversely affect the MS4 or waters of the United States. b. Admittance to the facility shall be requested at a reasonable time during the facility's normal working hours unless it is determined by the Administrator that imminent and substantial danger exists. c. The owner or operator shall make all necessary arrangements to allow access to the Administrator. d. If the owner or operator refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. e. The Administrator retains the authority to collect samples and photographs from stormwater outfalls or other components of the MS4 as may be deemed appropriate in the administration and enforcement of this Section. f. The Administrator has the authority to establish devices to conduct monitoring of the facility's stormwater discharge on subject facilities as necessary in the opinion of the Administrator. g. The Administrator or the designated inspector must present appropriate credentials to the facility officials at the time of entry to a facility. 3. Review and Modification of Stormwater Pollution Prevention Plans. a. The Administrator has the authority to request to review any documents or plans (stormwater pollution prevention plan, spill prevention control plans, hazardous material plans, waste management documentation, etc.) from a regulated facility that the Administrator deems may affect stormwater discharges to the MS4. b. The Administrator may require an operator of a regulated facility to modify its stormwater pollution prevention plan if the stormwater pollution prevention plan does not comply with the requirements of the facility's TPDES permit to discharge stormwater associated with industrial or construction activity. ORDINANCE NO. 2023-4453 Page 253 of 335 c. The deficiencies in a facility's stormwater pollution prevention plan will be communicated in writing, and the Administrator will provide the operator a reasonable amount of time to make the necessary changes in the stormwater pollution prevention plan. 4. Review and Modification of Best Management Practices. a. Any person engaged in activities or operation, or owning facilities or property, which wi ll or may result in pollutants entering the MS4 or waters of the United States, shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a regulated facility shall prove reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or waters of the United States. Practices implemented to prevent the accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. b. The City does not maintain a list of required or approved BMPs for regulated facilities. The Administrator may request facilities to demonstrate the effectiveness of implemented BMPs. Suggested BMPs and a list of prohibited BMPs will be maintained in the Drainage Section of the Bryan/College Station Unified Design Guidelines. c. The Administrator may require an operator of a regulated facility to modify its BMPs if the BMPs do not provide effective protection from accidental discharge of prohibited materials or other wastes from entering into the MS4 or waters of the United States. d. The deficiencies in a facility's BMPs will be communicated in writing, and the Administrator will provide the operator a reasonable amount of time to make the necessary changes in the BMPs. 5. Compliance with Permit. a. A facility shall be operated in strict compliance with the requirements of the TPDES permit to discharge stormwater associated with industrial or construction site activity. b. A person commits an offense if the person operates a facility in violation of a requirement of the facility's TPDES permit to discharge stormwater associated with industrial or construction site activity. D. Stormwater Discharges Associated with Industrial Activity. 1. Applicability. This Subsection applies to all facilities located within the city limits that have stormwater discharges associated with industrial activity. 2. Industrial and High-Risk Runoff Monitoring. a. All hazardous waste treatment and storage facilities, active municipal landfills, facilities subject to Section 313 of Title III of the Superfund Amendment and Reauthorization Act of 1986, and any other industrial discharger the City determines is contributing a substantial pollutant load to the MS4 shall submit self-monitoring data to the City on an annual basis. The submittal date of self- monitoring data is to be determined by the Administrator. b. The City's MS4 permit requires that all industrial facilities listed above be subject to site inspections of no less than once per permit term (five (5) years). However, the Administrator has the authority to inspect these industrial facilities as often as deemed necessary to assure permit compliance and safety of the MS4 and waters of the United States. c. An unreasonable delay or refusal to submit self-monitoring data to the Administrator is a violation of this Section. A person who is the operator of an industrial facility with a TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Administrator reasonable access to a facility's self-monitoring data for the purpose of review required by this Section. ORDINANCE NO. 2023-4453 Page 254 of 335 d. An industrial facility may submit a no-exposure certification to the City in lieu of self-monitoring; however, any facility operating under a no-exposure certification is subject to periodic facility inspections (not less than once per permit term—five (5) years) to verify the facility's no exposure exemption. e. The City may waive monitoring requirements for industrial facilities determined to comply with the TPDES Multi-Sector General Permit Number TXR050000. f. The Administrator has the authority to conduct inspections on any industrial facility subject to the TCEQ's TPDES Multi-Sector General Permit or has been deemed to be, or has the potential to be, contributing a substantial pollutant load to the MS4 to determine compliance and safety of the MS4 and waters of the United States. E. Stormwater Discharges Associated with Construction Activity. 1. Applicability. This Subsection applies to all facilities located within the city limits that have stormwater discharges associated with construction activity. 2. Submission of a notice of intent, a notice of change, a notice of termination, or a construction site notice to the municipal stormwater drainage system operator. a. The operator of a construction site required to have a TPDES permit to discharge stormwater associated with construction activity shall submit a copy of the above notices to the Administrator at the same time the operator submits the original notice to the TCEQ. b. The operator of a construction site that does not require a notice of intent is required to submit a construction site notice to the Administrator per TCEQ's TPDES general permit for construction sites. c. Copies of all notices may be delivered to the Administrator either in person or by mail. F. Stormwater Management for Residential Subdivision Construction Activity. 1. A note shall be placed on all plats stating that residential lots shall be developed in accordance with a master grading plan for the proposed subdivision. A master grading plan shall be prepared and submitted to the City, which indicates lot grading for all lots in the subdivision using typical Federal Housing Administration (FHA) lot grading types (A, B, and C), as depicted below. An alternative grading plan, prepared by a licensed professional engineer or other drainage professional may also be acceptable if approved by the Development Engineer. ORDINANCE NO. 2023-4453 Page 255 of 335 Federal Housing Administration (FHA) Lot Grading Types A, B, and C 2. Construction activities shall match existing adjacent property grades around the perimeter of the property. Retaining walls may be utilized on a case-by-case basis, with the approval of the Development Engineer, if the proposed lot grading is prepared by a licensed professional engineer. In no circumstances shall a fence be utilized as a retaining wall. 3. All drainage, including but not limited to direct roof discharge, gutters, storm drains, and swales shall avoid point discharges that may cause damage to adjacent properties. 4. The maximum slope of grading on a property shall not exceed ten (10) percent unless designed by a professional engineer and approved by the Development Engineer. G. Enforcement. Any person found guilty of violating a provision of this Section may be punished as provided for in Article 10, Enforcement of this UDO. Sec. 7.15. Lot Grading and Drainage for Individual Lots. A. General. 1. Purpose and Intent. The purpose of this Section is to establish regulations pertaining to individual or lot-by-lot grading within new or existing developments. The proper grading of a lot(s) is necessary to promote the health, safety, and welfare of citizens and minimize the impact of drainage or flooding on adjoining properties. 2. Applicability. ORDINANCE NO. 2023-4453 Page 256 of 335 a. All residential developments shall meet the requirements of this Section. Multi -family residential products shall follow drainage requirements as set forth in other sections of this UDO and the Bryan/College Station Unified Design Guidelines. b. This Section shall apply to all platted lots or unplatted tracts seeking to develop residential uses within the city. c. The requirements of this Section shall be applicable with every building permit or other permitted activity on a subject property. 3. Standards for Individual Lot-by-Lot Grading. a. A grading plan shall be prepared and submitted to the City, which indicates one of the Feder al Housing Administration lot grading types (A, B, and C), as depicted below. An alternative grading plan prepared by a licensed professional engineer or other drainage professional is also acceptable if approved by the Development Engineer. Federal Housing Administration (FHA) Lot Grading Types A, B, and C b. Construction activities shall match existing adjacent property grades around the perimeter of the property. Retaining walls may be utilized on a case-by-case basis, with the approval of the Development Engineer, if the proposed lot grading is prepared by a licensed professional engineer. In no circumstances shall a fence be utilized as a retaining wall. c. All drainage, including but not limited to direct roof discharge, gutters, storm drains, and swales shall avoid point discharges that may cause damage to adjacent properties. d. The maximum slope of grading on a property shall not exceed twenty-five (25) percent unless designed by a professional engineer and approved by the Development Engineer. Impervious surfaces shall be sloped a minimum of two (2) percent away from the building foundation. ORDINANCE NO. 2023-4453 Page 257 of 335 e. Finished floor elevations or fill height shall be provided with the building permit for review. Finished floors that are proposed to be more than twenty-four (24) inches above the gutter line of the curb may be subject to additional grading requirements as directed by the Development Engineer. Article 8. Subdivision Design and Improvements Sec. 8.1. Purpose. The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets and other infrastructure must be maintained and various public services customary to urban areas must be provided. These regulations seek to protect the interests of public and private parties by granting certain rights and privileges and requiring certain obligations in association with the subdivision and development of land. The welfare of the entire community is affected in many important respects. There fore, it is in the interest of the public, the developer, and the future landowners that the subdivisions and developments be conceived, designed, and developed in accordance with sound rules and proper minimum standards. These regulations encourage the growth of the City of College Station in an orderly manner. Sec. 8.2. Applicability. With the exception of the Requirements for Parkland Dedication Section below, the provisions of this Article shall not apply to property in the BioCorridor Planned Development District. The Requirements for Parkland Dedication Section below shall apply to property in the BioCorridor Planned Development District. Sec. 8.3. General Requirements and Minimum Standards of Design for Subdivisions within the City Limits. A. Suitability of Lands. The Planning and Zoning Commission shall approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public, the site is suitable for platting and development purposes of the kind proposed. B. Zoning and Other Regulations. No plat of land within the force and effect of an existing zoning ordinance shall be approved unless it conforms to such zoning and other pertinent regulations. C. Reserved Strips and Tracts Prohibited. A plat shall not provide reserved strips or tracts of land. In addition, the effect of the phasing of a plat, provision of common area, or other land or easement shall not unnecessarily restrict access to land, righ t-of- way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments. D. Technical Standards. All public infrastructure shall be designed and constructed in accordance with the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details, and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the B/CS Unified Design Guidelines. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only streets, alleys, water, wastewater, drainage, and other pub lic infrastructure that comply with these standards for construction. E. Streets. ORDINANCE NO. 2023-4453 Page 258 of 335 1. Streets on the Comprehensive Plan Functional Classification & Context Class Map. Where a subdivision encompasses or is adjacent to a thoroughfare, as shown on the Comprehe nsive Plan Functional Classification & Context Class Map, the thoroughfare shall be constructed and included in the subdivision plat to maintain continuity in the approximate location as shown and of the type indicated. 2. Relation to Adjoining Street System. a. Where there is an existing street adjacent to or through the area to be subdivided, the necessary street intersections to the existing street shall be constructed. b. Existing and planned streets and public ways in adjacent or adjoining areas shall be continued in alignment therewith. c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged to allow for the opening of future streets and logical further subdivisions. 3. Street Projections. a. When a public street is provided internal to the platting property and adjoining areas are not platted, the platting subdivision shall provide street projections to such areas by projecting a public street at intervals no fewer than the maximum block length along the perimeter boundary of the subdivision. b. Where abutting properties are landlocked, a street connection or street frontage shall be provided through the platting property. c. In lieu of a public street, a public way may satisfy a required street projection when the public way is projected to future non-residential or multi-family development and can be continued through that development to a public street. 4. Adequate Street Access. a. One (1) external street connection is required for a street serving as roadway access for thirty (30) or fewer lots. b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Planning and Zoning Commission may allow remote emergency access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to externally paved public streets shall be required when one hundred (100) or more lots are served. c. Three (3) street connections to external paved public streets may be required by the Planning and Zoning Commission when two hundred (200) or more lots are served. d. Where more than one (1) external street connection is required, at least one (1) external street connection shall not be located over a potential hazard such as a high-pressure gas line or a creek where the one hundred (100) year floodplain overtops the street, regardless of its classification. 5. Intersections. In addition to the B/CS Unified Design Guidelines, proposed street and alley intersections shall meet the minimum spacing and requirements of the Access Management and Circulation Section of Article 7, General Development Standards of this UDO. 6. Dead-End Streets. Dead-end streets shall be prohibited except for short stubs to permit future extensions. Temporary turnarounds shall be required for stubs of more than one hundred (100) feet in length or the depth of one (1) lot, whichever is less. ORDINANCE NO. 2023-4453 Page 259 of 335 7. Culs-de-Sac. a. The maximum length of a cul-de-sac is based on the designation of the area in which the cul-de- sac is located on the Comprehensive Plan Functional Classification and Context Class Map. The length of a cul-de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through the street right-of-way. Culs-de-sac shall not exceed the following lengths: 1) Four hundred fifty (450) feet in General Urban context zones; 2) One thousand two hundred (1,200) feet in Suburban context zones; and 3) One thousand five hundred (1,500) feet in Rural context zones. b. Culs-de-sac are not permitted in Urban Core context zones unless the proposed subdivision is surrounded by platted property and where a through street is not possible. c. Regardless of length, culs-de-sac shall have no more than thirty (30) lots. 8. Geometric Standards; Street Design Criteria. a. Streets and alleys shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. b. Streets in rural residential subdivisions may be constructed to either rural or urban street standards except that thoroughfares that continue beyond the boundary of a rural residential subdivision to an urban one shall be constructed to urban street standards. 9. Existing Substandard Street Right-of-Way. a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right- of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one (1) side of such a roadway, the amount dedicated shall generally equal fifty (50) percent of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right-of-way or conservation easement, the full width of the deficiency may be required. b. The Administrator may reduce, increase, or eliminate the amount of right-of-way dedication based on design considerations, existing land uses, existing development on adjacent properties, and dimensions of the proposed subdivision or plat. c. Notwithstanding the foregoing, additional right-of-way dedication is not required for amending plats. 10. Street Names and Addresses. a. Proposed streets that are extensions of existing streets shall bear the name of the existing street unless otherwise recommended by the Administrator. b. New streets shall be named to prevent conflict or confusion with identical or similar names in the city, Brazos County 911 district, or the extraterritorial jurisdiction . c. Streets shall not be named after any living person. d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations. e. Street addresses shall be assigned by the Administrator. ORDINANCE NO. 2023-4453 Page 260 of 335 F. Alleys. 1. Alleys may be required at the rear of all lots intended to be used for business purposes and residential lots fronting a thoroughfare. 2. Alleys shall generally be parallel to the street that the lot it serves fronts. 3. Where two (2) alleys intersect, or where an alley turns, additional width may be required to allow the turning of vehicles or guying of utility poles. 4. Dead-end alleys shall not be permitted, except where the alley is one hundred (100) feet or less in length or the width of one (1) lot, whichever is less. 5. Residential lots served by an alley shall only have driveway access via the alley. 6. Public alleys are prohibited in rural residential subdivisions. 7. Private alleys shall be constructed to public alley standards except that they shall be located within a common area or private access easement. The City reserves the right to not provide sanitation and fire service along private alleys. G. Blocks. 1. Blocks designed for single-family, duplex, townhouse, and multiplex lots shall be platted to provide two (2) tiers of lots with a utility easement or alley between them. A single tier of lots may be used if t he lots back up to a thoroughfare, railroad, or floodplain. Courtyard house developments may provide more tiers of lots if an alley connection is provided through both sides of the block. 2. To provide a public street network that is complimentary to the T horoughfare Plan and that ensures uniform access and circulation to areas intended for similar land use contexts, block length shall not exceed the following dimensions based on the designation of the area along which the block is located on the Comprehensive Plan Functional Classification and Context Class Map: a. Six hundred sixty (660) feet in Urban Core context zones; b. Nine hundred (900) feet in General Urban context zones; c. One thousand two hundred (1,200) feet in Suburban context zones; and d. One thousand five hundred (1,500) feet in Rural context zones. 3. If a plat is not bounded by a public through street or another qualifying break to block length, then the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through street or qualifying break to the block is reached. 4. In lieu of a public street, non-residential and multi-family developments may opt to construct a public way to satisfy block length requirements when the public way connects two (2) public streets. The plat shall dedicate a public access easement that covers the entire width of the private drive and sidewalks for the public way. The private drive and sidewalks may be constructed with the development of the property. A public way shall not substitute for a thoroughfare identified on the Comprehensive Plan Functional Classification & Context Class Map. 5. Block length shall not require a new street, public way, or access way to enter the face of a block when: a. The surrounding area of the block is subdivided so that a through movement is not possible, or a new block cannot be created. b. The development is zoned for single-family uses and is being platted through a development plat or minor plat. H. Lots. 1. General Requirements. ORDINANCE NO. 2023-4453 Page 261 of 335 a. Lots shall be identified in numerical order within a block. b. Lot size and setback lines shall be in accordance with the applicable zoning requirements. c. Lots established for special purposes such as common areas, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum dimensional standards for the applicable zoning district. d. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of-way. e. Land located within the Federal Emergency Management Agency (FEMA) designated floodway shall not be included within a lot intended for residential occupancy. f. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries. g. A subdivision shall not cause an existing structure to encroach into the setback of a proposed lot line. h. Single-family, duplex, townhouse, and multiplex lots shall have frontage on a public street, or a private street constructed to public standard. Lots intended for other uses that do not have frontage on a public street shall provide access via a public way or a private access easement containing a drive that meets City fire lane standards. The construction of the private drive may be delayed until the time of site development. Courtyard house lots may be exempted from this requirement as long as fire protection is maintained. i. No single-family, duplex, or townhouse lot shall have direct access to an arterial or collector thoroughfare; however, these lots may face a thoroughfare if driveway access is provided via a public alley. Notwithstanding the foregoing, single-family detached lots that are at least one hundred (100) feet in width may have direct access with the recommendation of the Administrator and approval of the Planning and Zoning Commission. Access restrictions and determinations shall be noted on the plat. 2. Platting and Replatting within Older Resid ential Subdivisions. a. This Subsection applies to a subdivision in which any portion of the proposed subdivision meets all of the following criteria: 1) Such portion of the subdivision is currently zoned or developed for single-family detached residential uses as of January 1, 2002, with the exception of NG-1 Core Northgate, NG-2 Transitional Northgate, NG-3 Residential Northgate, NPO Neighborhood Prevailing Overlay, and NCO Neighborhood Conservation Overlay zoning districts; 2) Such portion of the subdivision is part of a lot or building plot that was located within the city limits when it was created on or prior to July 15, 1970. This also includes lots that may have been vacated or replatted after July 15, 1970, but where the original plat predates July 15, 1970; and, 3) Such portion of the subdivision is designated as Neighborhood Conservation on the Comprehensive Plan Future Land Use & Character Map. b. In addition to the other provisions of this UDO, no plat or replat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision that meets the above criteria may be approved unless: 1) The plat does not create an additional lot or building plot; or 2) For a proposed plat that does create an additional lot or lots, the lot(s) must meet or exceed the average width of the lots along the street frontage for all of the lots in the ORDINANCE NO. 2023-4453 Page 262 of 335 block, including the subject lot(s) and contain at least eight thousand five hundred (8,500) square feet of space for each dwelling unit. For the purpose of determining the average lot width, a lot shall be defined to include the lot, lots, and/or portions of lots that have been combined and used as a residential plot or building plot, as of July 15, 1970. The Administrator may include the lots on the opposing blockface when calculating the average lot width if the lots are similar in character and the Administrator may exclude lots to the rear when said lots are part of another subdivision or dissimilar in character. c. It is the applicant's responsibility to provide documentation during the application process regarding the original plat in which the lot was created and/or the configuration and ownership documentation of the properties since July 15, 1970. 3. Zero Lot Line Development. The following requirements apply to all proposed subdivisions with single-family residential lot line construction. a. Description. Zero lot line developments require planning for all house locations to be done at the same time. Restrictions that assure the minimum distance between houses and any required easements must be recorded on the plats of the applicable lots. b. Setbacks. The side building setback shall be zero on one (1) side of the house. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not part of the zero lot line portion of the plat. The minimum distance between all buildings within the lot line development must be fifteen (15) feet. c. Eaves. Eaves may project a maximum of eighteen (18) inches, excluding non-combustible gutters, over the adjacent property line. d. Maintenance Easement. A maintenance easement shall be dedicated between the two (2) property owners to allow for maintenance or repair of the house built on the lot line. The easement shall be unobstructed, located on the adjacent property abutting the side wall, and must be a minimum of seven and one-half (7.5) feet in width. Required maintenance easements shall be shown on the recorded plat. e. Privacy. Windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed. All materials within three (3) feet of the property line shall be fire-rated to meet building code requirements. 4. Cluster Development. a. General Purpose. Cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively does not exceed t he maximum density limit for the underlying zoning district. Through the cluster development ORDINANCE NO. 2023-4453 Page 263 of 335 option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots wi thin the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b. Conflict with Other Regulations. If there is a conflict between the cluster development standards of this Subsection and any other requirement of this UDO, the standards of this Subsection control. Where no conflict exists, cluster development is subject to all other applicable requirements of this UDO. c. Where Allowed. Cluster developments are allowed in WE Wellborn Estate, E Estate, RS Restricted Suburban, WRS Wellborn Restricted Suburban, and GS General Suburban zoning districts. d. Approval Procedure. Cluster developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. e. Specific District Standards. 1) WE Wellborn Estate. a) Lot Size. The minimum lot size is one (1) acre as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over one acre and lot widths of one hundred (100) feet may use rural character roads. b) Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 2) E Estate. a) Lot Size. The minimum average lot size is twenty thousand (20,000) square feet with an absolute minimum lot size of ten thousand (10,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over twenty thousand (20,000) square feet and lot widths of one hundred (100) feet may use rural character roads. Subdivisions containing any lots below twenty thousand (20,000) square feet must use urban street standards. b) Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c) In the Wellborn Community Plan area, the cluster development option may be used only in the area designated Wellborn Preserve-Open on the Comprehensive Plan Future Land Use & Character Map. 3) WRS Wellborn Restricted Suburban. ORDINANCE NO. 2023-4453 Page 264 of 335 a) Lot Size. The minimum average lot size is eight thousand (8,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b) Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 4) RS Restricted Suburban. a) Lot Size. The minimum average lot size is eight thousand (8,000) square feet with an absolute minimum lot size of six thousand five hundred (6,500) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b) Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 5) GS General Suburban. a) Lot Size. There is no minimum lot size as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster developm ent. b) Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c) In the Wellborn Community Plan area as designated on the Comprehensive Plan Future Land Use & Character Map, the cluster development option is not permitted. f. Open Space. 1) Description of Open Space. Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as neighborhood amenities. Areas encumbered by right-of-way, easements, or utilized as parking may not be counted towards the open space requirements. Open spaces must be privately owned and maintained by an owners association. Common open space must be set aside and designated as an area where no development will occur, other than project-related recreational amenities or passive open space areas. The Planning and Zoning Commission may require that up to fifty (50) percent of required common open space be useable recreational space if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 2) Common Open Space Requirements for Cluster Developments. ORDINANCE NO. 2023-4453 Page 265 of 335 a) Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. b) Common open space must be provided in an amount of at least twenty-five (25) percent of the gross area of the development. c) All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located at the rear of lots only when the space is designed for active recreation, or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and gol f courses. d) All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least thirty (30) percent of the space in at least one (1) contiguous area. The minimum dimensions of such space must be at least twenty-five (25) feet in depth and width. The remaining required common usable open space may be distributed throughout the proposed subdivision, or subdivision phase if applicable, and need not be in one (1) such area; provided, however, no area containing less than five thousand (5,000) square feet will be considered common usable open space. If the required open space totals less than ten thousand (10,000) square feet all required open space shall be in one (1) contiguous area. e) The common open space requirement shall not be credited toward the parkland dedication requirements specified in the Requirements for Parkland Dedication Section below. I. Easements. 1. Drainage Easements and Rights-of-Way. a. Where a subdivision is traversed by a watercourse, drainage way, natural channel, or stream, a drainage easement or right-of-way may be required in accordance with the B/CS Unified Design Guidelines. b. No construction, including fences, shall impede, constrict, or block the flow of water. c. A drainage easement or right-of-way shall not be considered a part of the lot area for purposes of minimum lot size requirements of this UDO. d. When feasible, utilities may be located within drainage easements and rights-of-way. Likewise, enclosed storm drains may be contained in utility easements. In such instances, the utility easement width must be adequate to provide space for storm drains, utilities, and maintenance access. 2. Utility Easements. a. Except as expressly provided for otherwise in this UDO, each block that does not contain an alley shall have a utility easement at the rear of all lots. The rear utility easements shall be twenty (20) feet in width, taken ten (10) feet from each lot where the rear of the lots abut each other, and shall be continuous for the entire length of a block. These easements shall be parallel as closely as possible to the street line frontage of the block. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require a twenty (20) foot wide easement along the rear of lots. b. Notwithstanding provisions to the contrary elsewhere in this UDO, the City Engineer has the discretion to approve alternate easement locations for any subdivision based on the proposed lot ORDINANCE NO. 2023-4453 Page 266 of 335 configuration, proposed location of utilities, or the depth of existing, proposed, or anticipated utilities. The City Engineer may also require additional utility easements or additional easem ent width for any subdivision based on the location, number, size, configuration, or depth of existing, proposed, or anticipated utilities. c. Buildings, signs, masonry walls, and other vertical structures that require a building permit are not permitted within utility easements. Landowners may place a fence in utility easements if unlocked gates are provided to allow the free movement of excavating machines, maintenance equipment, and personnel throughout the full length of the easement. 3. Access Easements. a. A private access easement shall be required to provide access to property that does not have direct frontage to a public right-of-way or a public way. Private access easements may also be required when shared driveway access is necessary to meet driveway spacing requirements along a public street or public way. Driveways in required private access easements shall be constructed to City fire lane standards and their installation may be delayed until the time of site development. When private access easements are provided, construction and maintenance responsibilities shall be assigned and noted on the plat, or the recorded volume and page of the access instrument shall be referenced on the plat. b. A public access easement shall be provided for a public way, for public sidewalks on private property, and when serving as an access way. Fences, gates, parking, or other obstructions that restrict or block access are prohibited. 4. Off-Site Easements. All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney. 5. Non-Public Easements. Except as set forth herein, the dedication of rights-of-way, easements, and public infrastructure shall not be encumbered by private easements that have pre-existing rights. Minor crossings are allowed. J. Access Ways. 1. Existing and planned access ways in adjacent or adjoining areas shall be continued in alignment therewith. 2. In blockfaces over nine hundred (900) feet in length, an access way shall extend across the width of the block near the center of the block. 3. To provide additional pedestrian and bicycle circulation, an access way shall be required on a cul-de- sac street to connect to existing or planned facilities in the vicinity such as schools, parks, transit stops, and multi-use paths. 4. An access way may be required to provide additional pedestrian and bicycle circulation within a subdivision, between subdivisions, between culs-de-sac, or to provide access to schools, parks, shopping centers, multi-use paths, transportation, and other community facilities in the vicinity. 5. If an access way is greater than three hundred (300) feet in length then an additional access point to the access way shall be provided. K. Sidewalks. 1. Policy. Sidewalks should be located and constructed to provide a safe and effective means of transportation for non-vehicular traffic. ORDINANCE NO. 2023-4453 Page 267 of 335 2. Required Sidewalks. a. Sidewalks shall be required on both sides of all streets except as identified below or as provided elsewhere in this UDO. b. Where a multi-use path is shown along a street on the Bicycle, Pedestrian, and Greenways Master Plan, the sidewalk may be incorporated as part of the multi-use path. 3. Sidewalk Exceptions. Sidewalks are not required: a. Around the bulb of a cul-de-sac unless an access way is provided through the cul-de-sac; b. Along a street classified on the Comprehensive Plan Functional Classification & Context Class Map as a freeway/expressway, unless a sidewalk or multi-use path has been identified on the Bicycle, Pedestrian, and Greenways Master Plan; c. Along one side of streets identified as a major collector or minor collector on the Comprehensive Plan Functional Classification & Context Class Map within a Rural context zone; d. Along new or existing local/residential streets within an estate lot subdivision with the street constructed to a rural section; or e. Along existing local/residential streets unless sidewalks have been identified in the Bicycle, Pedestrian, and Greenways Master Plan. 4. Standards. Sidewalks shall be constructed in accordance with the B/CS Unified Design Guidelines and all applicable local, state, and federal requirements. 5. Timing of Construction. Except as set forth below, all required sidewalks must be constructed concurrently with the street, or if the street is already constructed prior to acceptance of all public improvements. a. Residential Subdivisions. At the time of the final plat application, the subdivider may opt to defer the construction of sidewalks on residential streets along single-family, duplex, or townhouse lots for up to one (1) year from the approval of the final plat when the subdivider provides a bond or surety in accordance with the Construction, Guarantee of Performance, and Acceptance of Public Infrastructure Section below. The subdivider shall provide a sidewalk plan with the final plat construction documents and installation of the sidewalks shall comply with this plan. Notwithstanding the foregoing, this provision does not allow the deferment of the construction of sidewalks along thoroughfares, sidewalk ramps at all street intersections, and sidewalks along residential streets that are not adjacent to a residential lot such as along a common area, creek crossing, or park. Other pedestrian facilities such as access ways and multi-use paths shall be constructed at the same time as the public infrastructure of the plat. b. Fee in Lieu of Construction. 1) Fee in Lieu. Except for development located within the Northgate zoning districts, a developer may request to pay a fee in lieu of constructing the required sidewalk(s) or multi -use path upon approval by the Administrator as set forth below. The Administrator shall have final authority in determining what proportion of sidewalks or fees may be accepted in lieu of sidewalk construction. 2) Amount of Fee. ORDINANCE NO. 2023-4453 Page 268 of 335 The amount of fee in lieu of sidewalk construction shall be a unit cost determined by the City Engineer based upon current estimated costs. The unit cost fee shall be kept on file in the Planning and Development Services Department and made available to the public upon request. The unit cost fee calculation shall be reviewed at least annually by the City Engineer and adjusted as necessary. 3) Criteria to Allow Fee in Lieu. The Administrator may authorize or require a fee in lieu of sidewalk or multi -use path construction when it is determined that one (1) or more of the following conditions exist: a) The presence of unique or unusual topographic, vegetative, or other natural conditions exist; b) A capital improvement project is funded and forthcoming that will include the construction of the required sidewalk or multi-use path; c) Existing streets constructed to rural section that are not identified on the Comprehensive Plan Functional Classification & Context Class Map with a Rural context zone; d) The proposed development is within an older residential subdivision meeting the criteria in the Platting and Replatting within Older Residential Subdivisions Subsection above; or e) The proposed development contains frontage on a freeway/expressway as designated by the Comprehensive Plan Functional Classification & Context Class Map. 4) Use of Fee. The City Council hereby establishes sidewalk zones as shown on the Sidewalk Zone Map below. Fees collected in lieu of sidewalk or multi-use path construction shall be expended in the same zone as the development or in an adjacent zone in a scenario where the development occurs near a zone boundary. Fees collected in lieu of sidewalk construction shall be used only for preliminary design, design, construction, reconstruction, surveying, or land acquisition costs associated with sidewalks, multi-use paths, and other non- vehicular ways. ORDINANCE NO. 2023-4453 Page 269 of 335 Sidewalk Zone Map 5) Reimbursement. The City may acquire land for sidewalks or make sidewalk improvements related to actual or potential development. If this occurs, the City may require subsequent sidewalk obligations to be a fee, rather than construction, to reimburse the City for the cost associated with acquisitions or construction. 6) Fee Due. Fees paid pursuant to this Section shall be remitted to the City when the guarantee of construction of public improvements for the proposed development is due or upon commencement of construction, whichever occurs first. 7) Special Fund; Right to Refund. All fees received by the City in lieu of sidewalk or multi-use path construction shall be deposited in a fund referenced to the sidewalk zone to which it relates. The City shall account for all fees in lieu of sidewalk construction paid under this Section with reference to the individual development involved. Any fee paid for such purposes must be expended by the City within ten (10) years from the date received by the City. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the landowners of the property on the expiration of such period shall be entitled to a prorated refund of such sum. The owners of such property must request a refund within one (1) year of entitlement, in writing, or such refund will be barred. 6. Appeals. The property owner or applicant for new development may appeal the following decisions to the Administrator: a. The applicability of required sidewalk or multi-use path construction; ORDINANCE NO. 2023-4453 Page 270 of 335 b. The determination regarding eligibility for a fee in lieu of construction or requirement to utilize fee in lieu of construction; c. The amount of sidewalk or multi-use path required or fee in lieu amount due; and/or d. The amount of the refund due, if any. All appeals shall be taken within 30 days of notice of the action from which the appeal is taken. The burden of proof shall be on the appellant to demonstrate that the amount of the required construction, fee in lieu, or refund was not calculated according to the requirements of this ordinance. The appellant may appeal the decision of the Administrator to the Planning and Zoning Commission. A notice of appeal must be filed by the applicant with the Administrator within 30 days following the Administrator's decision. The filing of the appeal shall not stay the requirement for construction or collection of the fee in lieu, as applicable. If the notice of appeal is accompanied by a payment equal to the fee due as calculated by the City, the development application shall be processed. L. Bicycle Facilities. 1. General. Bicycle facilities are planned and located to provide connectivity to the existing street network, parks, schools, greenways, neighborhoods, and other key destinations; increase safety; and promote health and wellness. 2. Timing. Bicycle facilities shall be required in accordance with the Bicycle, Pedestrian, and Greenways Master Plan and the B/CS Unified Design Guidelines and constructed along with other public infrastructure required pursuant to this UDO. 3. Types of Bicycle Facilities. There are at least three (3) types of bicycle facilities that may be required. These types include the following: a. Multi-Use Path: a facility completely separated from auto traffic and within an independent right-of-way or the right-of-way of another public facility; b. Bike Lane: a facility where part of the roadway or shoulder is striped, signed, and marked for exclusive or preferential bicycle use and where vehicular parking is not permitted unless otherwise specified; and c. Bike Route: a facility designated by signing and sometimes pavement markings to help make motorists aware of the presence of bicycles that share the same area with motor vehicles. 4. Geometric Design Criteria. All facilities shall be designed to meet or exceed standards set forth in the "Guide for Development of Bicycle Facilities" published by the American Association of State Highway and Transportation Officials (AASHTO) and the B/CS Unified Design Guidelines. Signing and pavement markings for such facilities shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Geometric design criteria for each type of bikeway facility are as follows: a. Bike Routes. Bike routes shall be indicated as follows: 1) The placement of bike route signage and shared lane pavement markings identifies bicycle- compatible streets that will serve as bike routes; ORDINANCE NO. 2023-4453 Page 271 of 335 2) A minimum of sixteen (16) feet-of the outer lane of streets measured from the outer lane line to the back of curb shall be required for bike routes. A typical bicycle route street is shown below; and 3) Bike route signage should not end at a barrier. Information directing the bicyc list around the barrier should be provided. Bike Route Street b. Bike Lanes. Bike lanes shall be as follows: 1) The bike lane is located within the vehicular roadway in the outside lane and is intended for the exclusive use of bicycles. Bike lanes in the City of College Station must be developed as one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic; and 2) In general, parking in bike lanes is prohibited. However, parking may be permitted in a bike lane in specific areas during specified times. Where parking in a bike lane is permitted, signs shall be installed to provide notice to bicyclists of when parking is allowed. Parking in a bike lane shall be limited primarily to spillover parking for public uses or events, but parking for non-public uses may also be considered. c. Multi-Use Paths. The criteria for multi-use paths are as follows: 1) Multi-use paths should be located primarily in greenways, parks, or occasionally within street rights-of-way. If a multi-use path is to be located in the right-of-way of a street, there should be a minimum of five (5) feet separating the multi-use path from the roadway; 2) The standard width for a two-way multi-use path shall be ten (10) feet. In areas with projected high volumes of use, multi-use paths shall be twelve (12) feet wide; 3) The minimum width of a one-directional bicycle path is five (5) feet. It should be recognized, however, that one-way bicycle paths often will be used as two-way facilities unless effective measures are taken to assure one-way operation. Without such enforcement, it should be assumed that bicycle paths will be used as two-way facilities and designed accordingly; ORDINANCE NO. 2023-4453 Page 272 of 335 4) A minimum of three (3) foot width graded area shall be maintained adjacent to both side s of the multi-use path to provide clearance from trees, poles, walls, fences, guard rails, or other lateral obstructions; and 5) Multi-use paths shall be located in a public access easement of a minimum of twenty (20) feet in width. M. Water Facilities. 1. All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution, and service lines shall be provided to each lot and constructed in accordance with the B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only water mains, distribution, and service lines that comply with these standards for construction. 2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 40, Utilities of the City of College Station Code of Ordinances. 3. Where a subdivision contains a water line as shown on the Water System Master Plan, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision. 5. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility indicating that the non-City utility can properly serve the proposed subdivision. Construction of all water facilities within a subdivision must comply with the B/CS Unified Design G uidelines. Plans for such systems will be subject to City review and inspection. City involvement with such a water system ends with the sanitization of the line. N. Wastewater Facilities. 1. All subdivisions shall have access to wastewater facilities. All collection mains and service lines shall be provided to each lot and constructed in accordance with the B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall accept for public use only wastewater facilities that comply with these standards for construction. 2. Wastewater mains within the City of College Station Certificate of Convenience and Necessi ty (CCN) areas shall be extended in accordance with Chapter 40, Utilities of the City of College Station Code of Ordinances. 3. Where a subdivision contains a wastewater line as shown on the Wastewater System Master Plan, such wastewater line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. For wastewater systems that are not part of the City of College Station's wastewater utility, the subdivider shall provide a letter with the construction documents from the non-City utility indicating that the non-City utility can properly serve the proposed subdivision. Construction of all wastewater facilities within a subdivision must comply with the B/CS Unified Design Guidelines. Plans for such systems will be subject to City review and inspection. Wastewater lines for these systems that are outside the subdivision are not required to meet City standards. 5. Alternate Wastewater Facilities. ORDINANCE NO. 2023-4453 Page 273 of 335 a. If wastewater main extension is exempted per Chapter 40, Utilities of the City of College Station Code of Ordinances or if the subdivision is located outside of the City of College Station CCN or otherwise not served by the City, the subdivider may provide temporary alternative wastewater disposal as follows and as may be conditioned by Chapter 40, Utilities of the City of College Station Code of Ordinances or otherwise: 1) Organized Wastewater Collection and Treatment System. A subdivider may have a proposed subdivision served by a non-City organized wastewater collection and treatment system. Such system must be permitted to dispose of wastes by the Texas Commission on Environmental Quality (TCEQ) in accordance with 30 TAC Chapter 305 and obtain approval of engineering, planning, and materials for such systems under 30 TAC Chapter 317 from the TCEQ prior to approval of the final plat by the Planning and Zoning Commission. 2) On-Site Sewage Facilities. A subdivider may have a proposed subdivision served by on-site sewage facilities as set forth below: a) On-site facilities which serve single-family or multi-family residential dwellings with anticipated wastewater generation of no greater than five thousand (5,000) gallons per day must comply with 30 TAC Chapter 285 and other applicable laws; b) Proposals for sewerage facilities for the disposal of sewage in the amount of five thousand (5,000) gallons per day or greater must comply with 30 TAC Chapter 317 and other applicable laws; c) The Brazos County Health Department shall review proposals for on-site sewage disposal systems and inspect such systems as necessary to assure that the system is in compliance with Chapter 366 of the Texas Health and Safety Code and rule in 30 TAC Chapter 285, and particularly §§ 285.4, 285.5, and 285.30—285.39, and any other applicable rules or regulations within the purview of the Brazos County Health Department; and d) In addition to the unsatisfactory on-site disposal systems listed in 30 TAC § 285.3(i), pit privies and portable toilets are not acceptable waste disposal systems for lots platted under these rules. b. Sanitary Sewer Master Plan. A gravity sanitary sewer master plan shall be designed for subdivisions that contain lots that are two (2) acres and smaller and that utilize alternative wastewater disposal methods. This master plan is required to assure that all lots, in the future, can be connected by gravity service line to the future sewer collection system. Adequately sized sewer lines shall be provided within the subdivision's sewer master plan such that they conform to the Wastewater System Master Plan. All lines designed within this master plan shall meet the B/CS Unified Design Guidelines and all applicable state and federal regulations. This master plan shall consist of verbiage explaining all design assumptions, plan and profile layouts of all future gravity lines to be constructed within the subdivision, and a minimum finished floor elevation established for each lot to assure a connection to the future gravity sanitary sewer collection system. All minimum finished floors established by this master plan shall be placed on the respective lots on the final plat. O. Special Flood Hazard Areas. All development encroaching into a FEMA special flood hazard area shall be in accordance with the B/CS Unified Design Guidelines, the Flood Hazard Protection Article of Chapter 105, Floods of the City of College Station Code of Ordinances, and all applicable local, state, and federal requirements. Where there is a ORDINANCE NO. 2023-4453 Page 274 of 335 conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. P. Drainage. 1. All drainage shall be in accordance with the B/CS Unified Design Guidelines, the Flood Hazard Protection Article of Chapter 105, Floods of the City of College Station Code of Ordinances, and all applicable local, state, and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. The City shall only accept improvements for public use that comply with these standards for construction. 2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation, as provided in the B/CS Unified Design Guidelines and as may be required and approved by the City. 3. No construction shall impede, constrict, or block the flow of water in any drainage pathway. 4. Lot Grading. a. Lots shall be laid out to provide positive drainage away from all buildings. Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. Subsequent permits for each lot shall comply with the approved grading plan. b. All single-family residential lots must be graded to meet the elevation of adjoining property with positive drainage. Multi-family and non-residential lots shall be graded to match elevations at adjoining properties to provide good access and minimize the use of retaining walls. Q. Gas or Oil Lines. 1. Identification. High-pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High-pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty (30) inches and shall be marked by an all-weather typed sign, installed at each crossing and intervals of not more than three hundred (300) feet. The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company name, provide an emergency phone number, and state the type of product or products transported therein. 2. Notification to the Utility Company. The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer. R. Streetlights. 1. General Standards. a. Streetlights shall be designed and installed according to the utility standards in effect at the time of subdivision construction or addition thereto. b. The quantity, size, and type of streetlight pole and fixture shall be selected by the subdivider from the College Station Utilities Construction Specifications, Electric Service, and Meter Installation Guidelines. c. The subdivider shall furnish public utility easements for the installation of streetlights, with said easements to normally be five (5) feet in width. ORDINANCE NO. 2023-4453 Page 275 of 335 d. Where underground electric service is provided, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. Where overhead electric service is provided, street lighting and site lighting equipment may be placed overhead or underground. 2. Streetlight Locations. a. Streetlights shall normally be required at all street intersections and access ways, in culs-de-sac, and at approximately three hundred (300) foot intervals along tangent streets. b. In rural residential subdivisions, streetlights are only required at street intersections and the end of culs-de-sac greater than three hundred (300) feet in length. The subdivider may request additional streetlights at other locations within the subdivision, provided the frequency does not exceed the general subdivision location standards recited above. 3. Installation and Maintenance. a. The subdivider or their authorized construction representative shall be responsible for furnishing and installing all streetlight facilities in accordance with the electric utility's design and specifications and this UDO. All conduit installations shall be inspected prior to acceptance for conformance with the utility specifications. b. Streetlights shall be owned and maintained by an electric utility provider with a Certificate of Convenience and Necessity (CCN) for that area. c. The electric utility provider shall not be responsible for the installation or maintenance of streetlights on alleys, private streets, or drives. S. Electric Facilities. 1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. The electric utility design and facilities must meet all applicable City ordinances. 2. The electric utility will design the electrical system for all lots within a subdivision. 3. All electric utility services shall be installed underground in all subdivisions. All lateral electric lines and service lines supplying electric utility service shall be placed underground excep t rural residential subdivisions may have lateral electric lines and service lines supplying electric utility service placed overhead. 4. Overhead feeder lines may be placed in the following locations: a. Along the perimeter of a platted subdivision; b. Adjacent to or within the right-of-way of thoroughfares identified on the Comprehensive Plan Functional Classification & Context Class Map and approved for the location of overhead utilities; and c. Within alleys or dedicated easements identified for the location of aerial utility feeder lines on the approved subdivision plat. 5. The subdivider shall dedicate public utility easements upon forms approved by the City for the installation of electric utilities. All liens and other ownership interests shall be su bordinated to the easement use. 6. Where electric service is placed underground, all auxiliary equipment for such service, including but not limited to transformers, junction enclosures, and switching devices, shall be pad-mounted on grade or shall be placed underground. 7. Where the electric service is placed underground, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. The City or the electric ORDINANCE NO. 2023-4453 Page 276 of 335 utility shall not be responsible for the installation or maintenance of streetlights on alleys, private streets, or drives. 8. The subdivider shall be responsible for the costs and installation of all conduit needed for underground feeder, lateral, and service lines utilized to provide electric utility service to the subdivision. The developer of a platted lot shall be responsible for the costs and installation of service conduit for the platted lot. The specifications for the conduit shall be provided by the electric utility prior to installation. All conduit installations shall be inspected prior to acceptance for conformance to utility specifications. 9. Temporary utility service may be provided via overhead line extension. 10. The subdivider shall contact the appropriate electric utility provider to determine any additional requirements. T. Monuments and Corner Markers. 1. All block corners, angle points, points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half (0.5) inch steel rod, two (2) feet in length, set in the center of a concrete monument six (6) inches in diameter and thirty (30) inches deep, with the top flush with the finished ground surface. 2. Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set to ensure a clear view between adjacent monuments. 3. Corner markers, consisting of a one-half (0.5) inch steel rod or three-fourths (0.75) inch pipe, two (2) feet in length, shall be driven flush with the ground surface to mark the corners of all lots. U. Owners Associations for Common Areas and Facilities. 1. An owners association shall be established with direct responsibility to, and contr olled by, the property owners involved to provide for operation, repair, and maintenance of all common areas, fences, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision. 2. The owners association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the common facilities and demonstrating that the association is self-perpetuating and adequately funded to accomplish its purpose and shall provide that the owners association hereby unconditionally and irrevocably agrees to indemnify, defend and hold the City and the City's officials, agents, employees and contractors harmless, from and against any loss, liability, demand damage, judgment, suite, claim deficiency, interests, fee, charge, cost or expense (including, without limitation, interest, court cost and penalties, attorney's fees and disbursement and amounts paid in settlement, or liabilities resulting from any charge in federal, state or local law or regulation or interpretation hereof) of whatever nature, even when caused in whole or in part by the City's negligence or the joint or concurring negligence of the City and any other person or entity, which may result or to which the City and/or any of the City's officials, agents, employees and contractors may sustain, suffer, incur or become subject to in connection with or arising in any way whatsoever out of the maintenance, repair use or occupation of the common facilities, or any other activity of whatever nature in connection therewith, or arising out of or by reason of any investigation, litigation or other proceedings brought or threatened, arising out of or based upon the operation, managemen t, maintenance, repair and use of the common facilities, or any other activity in the subdivision. 3. The budget for the owners association shall include a fund reserved for the repair and maintenance of common facilities in the amount approved by the City staff. V. Private Streets and Gating of Roadways. 1. General Requirements. ORDINANCE NO. 2023-4453 Page 277 of 335 The following applies to the platting of roadways: a. Gating of a public roadway is prohibited. b. Streets required to meet block length or street projection requirements shall not be private or gated. c. Private driveways are considered public roadways for the purpose of gating requirements herein. d. Vehicular access shall be provided on all private and public roadways at all times for police, fire, City inspection, mail delivery, garbage pickup, dial-a-rides, utility, school buses, and other health and safety related vehicles. Access must not require drivers to exit their vehicles. e. A private street may not cross an existing or proposed public thoroughfare as shown on the Comprehensive Plan Functional Classification & Context Class Map. A private street may not disrupt or cross an existing or proposed public park or pedestrian pathway as shown on the Bicycle, Pedestrian, and Greenways Master Plan. f. The gate design and implementation shall be such that it does not pose a threat to public health, safety, and welfare as determined by the City. g. Private streets must meet the requirements listed in the Single-Family Residential Parking Requirements for Platting Subsection below. 2. Owners Association Requirements. a. All property owners within an existing residential area that is proposed to be gated or have private streets shall agree to become members of an operative owners association. b. The legal instrument establishing the owners association must provide for a street maintenance agreement and reserve fund as well as written permission for the City's access to the subdivision all of which must be submitted for approval by the City Attorney prior to the submission of the final plat. c. The City must have access to private roadways at any time without liability when on official business. This includes permission to remove obstructions including any gate and guard (house) upon non-compliance by the owners association with any terms of this UDO or as necessary for emergency vehicle access. In the event the City must remove obstructions to access the development, the owners association will be assessed for all costs substantially associated therewith. d. In the event the City deems that substantial repairs to the private street(s) within a gated community are necessary to ensure safe access and passage for emergency service vehicles, the City will notify the owners association, and a public hearing before the City Council will be set for input on the projected repairs. Should the owners association fail to provide the satisfactory repairs deemed necessary in a time frame set by the City at the public hearing, then the City will make the necessary repairs and assess the owners association all costs borne by the City in the repair of the private street(s). Should the owners association fail to reimburse the City within ninety (90) days, the owners association shall be subject to a lien and possibly foreclosure of all assets including but not limited to the maintenance reserve fund. 3. Geometric Design Guidelines. The following applies to the design of private roadways: a. Private streets shall be constructed to public street standards but located within a common area, private right-of-way, or private access easement. b. The gate(s) may not be placed on a public right-of-way or easement. ORDINANCE NO. 2023-4453 Page 278 of 335 c. All gate mechanical or manual operating functions shall meet College Station Fire Department requirements and provide passage with unobstructed vertical clearance. d. The throat depth for a gated entryway shall meet the following requirements (refer to figures below): 1) A minimum of twenty (20) feet for one (1) residential single-family lot. 2) A minimum of sixty (60) feet for up to twenty-five (25) single-family lots. 3) A minimum of one hundred (100) feet for twenty-six (26) single-family lots or greater. e. Gated entryways shall provide adequate access for pedestrians and bicycles. f. Gated entryways to subdivisions shall provide adequate turnaround areas for vehicles that are denied access to prevent backing into a public street. (refer to figures below) g. The gated entryway driveway pavement widths to subdivisions, for both egress and ingress, shall be a minimum of twenty (20) feet per driveway and are required to provide a minimum four (4) feet center median. (refer to figures below) h. The gated area shall provide a minimum unobstructed vertical clearance of fourteen (14) feet and six (6) inches from the finished roadway surface over the entire width of the entry roadway. i. Public safety elements and signing shall be included in the gate entryway design. 4. Converting Private Streets to Public Streets. The following is required when converting private streets to public streets: a. Upon a written request signed by duly authorized owners association officers and submitted to the City Council, the dedication of private streets to the public may be accomplished providing the private streets are brought up to City standards for public streets and the City Council has agreed to accept the streets. b. The written request by the owners association officers will be accompanied by a petition containing the signatures of the owners of one hundred (100) percent of the existing lots in the subdivision, except when in the public interest. c. All repairs or reconstruction of private streets to City standards must be accepted by the City prior to conversion. All conversion dedication costs will be paid by the owners association. 5. Existing Gates. Any gate as defined by this Subsection existing as of November 13, 1997, which has received approval from either the City or the County is deemed exempt from the requirements of this Section except when the City must remove such gates to ensure access for the immediate health, safety, and welfare of the public. The owners association responsible for such gate assumes all costs associated therewith. ORDINANCE NO. 2023-4453 Page 279 of 335 Throat Depth Figure for Sliding Gates Throat Depth Figure for Hinged Gates V. Single-Family Residential Parking Requirements for Platting. 1. Purpose. ORDINANCE NO. 2023-4453 Page 280 of 335 The purpose of this Subsection is to establish requirements for new single-family and townhouse parking to aid in reducing neighborhood parking problems and maintain the certainty of access for emergency vehicles on local streets. 2. General Requirements. This Subsection applies to all new single-family and townhouse subdivisions. a. Each phase of a multi-phase project shall comply with this Section. b. Subdivisions may utilize multiple residential parking options so long as each phase meets the requirements, and all options are listed on the plat. c. Replats, amending plats, vacating plats, and development plats are exempt from this Section unless new streets are proposed with the subdivision. d. All "No Parking" areas shall be depicted on the preliminary plan. e. All "No Parking" signs shall be placed along the street to ensure adequate emergency access. The developer shall provide and install, at no cost to the City, all "No Parking" signs and associated poles and hardware to the City's specifications. f. Parking only may be removed on one or both sides of a street upon the City Council approving an ordinance removing parking from the street. g. Where on-street or alley parking is utilized in a townhouse subdivision, driveways shall be designed to allow a minimum of one (1) on-street or alley parking space per four (4) dwelling units. Driveway layouts shall be provided with the final plat. 3. Residential Parking Options. To provide adequate access for emergency vehicles, new single-family and townhouse subdivisions shall provide one option from the following: a. Wide Streets. 1) Pavement width shall be a minimum of thirty-two (32) feet, up to a maximum of thirty- eight (38) feet. 2) In addition to the right-of-way specified for the Residential Street Section in the B/CS Unified Design Guidelines, additional right-of-way width shall be dedicated equivalent to the increase in pavement width over twenty-seven (27) feet. 3) To minimize adverse traffic impacts on residential neighborhoods, bulb-outs shall be provided at intersections of local streets. Bulb-outs shall not be required where a local street intersects a street classified as a collector or higher. 4) As determined by the Development Engineer, engineering judgment shall override the requirement for bulb-outs set forth above if warranted by specific traffic conditions. b. Narrow Streets. 1) Pavement width shall be a minimum of twenty-two (22) feet, up to a maximum of twenty- four (24) feet. 2) No parking is allowed on narrow streets to ensure emergency vehicle access. Narrow streets must meet fire service standards as described in the City of College Station Site Design Standards. 3) To provide adequate parking in residential neighborhoods, subdivisions choosi ng to incorporate narrow streets shall incorporate additional parking spaces through either the provisions of visitor alley-fed parking areas or visitor parking areas (See additional requirements for visitor alley-fed off-street parking and visitor parking areas below). ORDINANCE NO. 2023-4453 Page 281 of 335 c. Standard Streets. 1) Standard streets shall be designed in accordance with the Residential Street Section in the B/CS Unified Design Guidelines. 2) Parking shall be removed from one (1) or both sides of standard streets. 3) To provide adequate parking in residential neighborhoods, subdivisions choosing to remove parking from both sides of a standard street shall incorporate additional parking spaces through the provisions of visitor alley-fed off-street parking or visitor parking areas. Visitor alley-fed off-street parking and visitor parking areas have additional requirements as specified below. d. Wide Lot Frontages. 1) All lot widths shall be a minimum of seventy (70) feet as measured at the front setback. e. Visitor Alley-Fed Off-Street Parking. 1) Visitor alley-fed off-street parking spaces shall be provided at a rate of one (1) parking space per four (4) dwelling units. Visitor alley-fed off-street parking is in addition to minimum off-street parking requirements. The Off-Street Parking Standards Section of Article 7, General Development Standards of this UDO lists additional requirements. 2) Off-street parking spaces shall be located in an access easement or private common area. f. Visitor Parking Areas. 1) Visitor parking shall: a) be provided at a rate of one (1) parking space per four (4) dwelling units; b) meet requirements of Off-Street Parking Standards and Access Management and Circulation Sections of Article 7, General Development Standards of this UDO, except requirements of alternative parking plans, and except as specifically exempted below; c) be developed at the same time as public infrastructure; d) be located no farther than five hundred (500) feet from the lot it is meant to serve. This distance shall be measured by a walkable route; e) be located in a common area and maintained by an owners association; f) be designed to prohibit backing maneuvers onto public streets, with the exception that two (2) or fewer parking spaces constructed to single-family driveway and parking standards are permitted backing maneuvers when accessing a local street; and g) not be counted towards common open space requirements for cluster developments. 2) Visitor parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening is required along one hundred (100) percent of the street frontage (such as ten (10) shrubs for every thirty (30) linear feet of frontage), with the exception of areas within the visibility triangle. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of three (3) feet above the parking lot pavement elevation. Walls and planting strips shall be located at least two (2) feet from any parking area. Where the street and the adjacent site are at different elevations, the Administrator may alter the height of the screening to ensure adequate screening. Fifty (50) percent of all shrubs used for screening shall be evergreen. Two (2) or ORDINANCE NO. 2023-4453 Page 282 of 335 fewer parking spaces constructed to single-family driveway and parking standards are not required to be screened from the adjacent right-of-way. 3) Visitor parking areas may be constructed of permeable surfaces as allowed in the Off - Street Parking Standards Section of Article 7, General Development Standards of this UDO. 4. Private parking constructed for the use of subdivision amenities, such as a community pool, may be counted toward visitor parking if it meets all other requirements listed above and does not use permeable materials for private parking area surfaces. Sec. 8.4. General Requirements and Minimum Standards of Design for Subdivisions within the City of College Station Extraterritorial Jurisdiction. The following sets forth standards of design for subdivisions situated within the extraterritorial jurisdiction: A. Reserved Strips and Tracts Prohibited. A plat shall not provide reserved strips or tracts of land. In addition, the effect of the phasing of a plat, provision of common areas, or other land or easement shall not unnecessarily restrict access to land, right- of-way, or easements dedicated or intended to be dedicated to the public by the subject plat or adjacent developments. B. Technical Standards. All public infrastructure shall be designed and constructed in accordance wi th the Bryan/College Station Unified Design Guidelines, Bryan/College Station Unified Technical Specifications, Bryan/College Station Unified Construction Details, and all other applicable local, state, and federal requirements. Hereafter, these documents shall be referred to collectively as the "B/CS Unified Design Guidelines." Where there is a conflict of standards, the more stringent standard shall apply as determined by the City Engineer. C. Streets. 1. Streets on the Comprehensive Plan Functional Classification & Context Class Map. Where a subdivision encompasses or is adjacent to a thoroughfare as shown on the Comprehensive Plan Functional Classification & Context Class Map, the thoroughfare shall be constructed and included in the subdivision plat to maintain continuity in the approximate location as shown. 2. Relation to Adjoining Street System. a. Where there is an existing street adjacent to or through the area to be subdivided, the necessary street intersections to the existing street shall be constructed. b. Existing and planned streets in adjacent or adjoining areas shall be continued in alignment therewith. c. When land is subdivided into larger parcels rather than ordinary building lots, such parcels shall be arranged to allow for the opening of future streets and logical further subdivisions. 3. Street Projections. a. When a public street is provided internal to the platting property and adjoining areas are not platted, the platting subdivision shall provide street projections to such areas by projecting a public street at intervals no fewer than the maximum block length along the perimeter boundary of the subdivision. b. Where abutting properties are landlocked, a street connection or street frontage shall be provided through the platting property. 4. Adequate Street Access. ORDINANCE NO. 2023-4453 Page 283 of 335 a. One (1) external street connection is required for a street serving as roadway access for thirty (30) or fewer lots. b. When there are more than thirty (30) lots to be served by external street connections, a minimum of two (2) street connections to external paved public streets shall be required. The Planning and Zoning Commission may allow remote emergency access where development phasing or constraints of the land prevent the provision of a second street connection. Notwithstanding the foregoing, two (2) street connections to externally paved public streets shall be required when one hundred (100) or more lots are served. c. Three (3) street connections to external paved public streets may be required by the Planning and Zoning Commission when two hundred (200) or more lots are served. d. Where more than one (1) external street connection is required, at least one (1) external street connection shall not be located over a potential hazard such as a high-pressure gas line or a creek where the one hundred (100) year floodplain overtops the street, regardless of its classification. 5. Intersections. In addition to the B/CS Unified Design Guidelines, proposed street intersections shall meet the minimum spacing and requirements of the Access Management and Circulation Section of Article 7, General Development Standards of this UDO. 6. Dead-End Streets. Dead-end streets shall be prohibited except for short stubs to permit future extensions. Temporary turnarounds shall be required for stubs of more than one hundred (100) feet in length or the depth of one (1) lot, whichever is less. 7. Culs-de-Sac. Culs-de-sac shall not exceed seven hundred fifty (750) feet in length. The length of a cul -de-sac is measured along the centerline of the cul-de-sac street from the center of the bulb to the edge of the nearest intersecting through the street right-of-way. 8. Geometric Standards; Street Design Criteria. Streets shall be designed and constructed in accordance with the B/CS Unified Design Guidelines with the following modifications: a. Local streets shall be constructed to the rural residential street standards with a minimum right- of-way width of seventy (70) feet; and b. All thoroughfares, regardless of classification, shall be constructed to the rural collector standard with a minimum right-of-way width of one hundred (100) feet or larger if the thoroughfare classification requires additional right-of-way width. 9. Existing Substandard Street Right-of-Way. a. Whenever an existing right-of-way is within or adjacent to a proposed subdivision and such right- of-way width is substandard, the additional width for the street shall be dedicated. For development occurring on only one (1) side of such a roadway, the amount dedicated shall generally equal fifty (50) percent of the deficiency in width based on the classification and type of street, as measured from the existing centerline of the right-of-way. If the parcel(s) on the opposite side of the right-of-way previously dedicated a portion, the proposed plat shall dedicate the remaining width. If the opposite side of the right-of-way has a permanent constraint such as a railroad right-of-way or conservation easement, the full width of the deficiency may be required. ORDINANCE NO. 2023-4453 Page 284 of 335 b. The Administrator may reduce, increase, or eliminate the amount of right-of-way dedication based on design considerations, existing development on adjacent properties, and dimensions of the proposed subdivision or plat. c. Notwithstanding the foregoing, additional right-of-way dedication is not required for amending plats. 10. Street Names and Addresses. a. Proposed streets that are extensions of existing streets shall bear the name of the existing street unless otherwise recommended by the Administrator. b. New streets shall be named to prevent conflict or confusion with identical or similar names in the city, Brazos County 911 District, or the extraterritorial jurisdiction . c. Streets shall not be named after any living person. d. A proposed street name may be disapproved if it too closely approximates phonetically the name of an existing street, is too difficult to pronounce, or carries undesirable meanings or connotations. D. Alleys. Public alleys are prohibited in the extraterritorial jurisdiction. E. Blocks. 1. To provide a public street network that is complimentary to the Thoroughfare Plan and that ensures uniform access and circulation, block length shall not exceed one thousand five hundred (1,500) feet. 2. If a plat is not bounded by a public through street or another qualifying break to block length, the block length measurement shall continue to extend each way beyond the plat along the public through street until the nearest intersecting through street or qualifying break to the block is reached. 3. Block length shall not require a new street to enter the face of a block when the surrounding area of the block is subdivided so that a through movement is not possible, or a new block cannot be created. F. Lots. 1. Lots shall be identified in numerical order within a block. 2. Lots shall be a minimum of one (1) acre in size. 3. Lots shall be at least one hundred (100) feet in width as measured at the street, except for lots around the bulb of a cul-de-sac shall be at least seventy-five (75) feet in width. 4. Lots established for special purposes such as common area, open space, parkland, floodplain, drainage, utilities, or other similar facilities shall be uniquely named and are not required to meet the minimum lot size or lot width. 5. Side lot lines shall be substantially right angle to straight right-of-way or radial to the curved right-of- way. 6. Lots shall be laid out so as not to cross municipal, county, school district, or utility service area boundaries. G. Easements. 1. Utility Easements. a. Minimum Utility Easements. Utility easements not less than sixteen (16) feet in width shall be provided along the front of all lots on each side of a street. Where the front easement is impractical on one (1) side of the ORDINANCE NO. 2023-4453 Page 285 of 335 street, a utility easement no less than twenty (20) feet in width shall be provided on the other side of the street. Utility easements ten (10) feet in width shall be required along the side and rear of all lots. b. Additional Utility Easements. Additional utility easements or additional easement width other than as described above may be required by the City Engineer or B/CS Unified Design Guidelines based on the number, size, configuration, or depth of existing, proposed, or anticipated utilities. Where the proposed subdivision adjoins an unplatted area or future phase of the subdivision, the City Engineer may require twenty (20) foot width of easement along the rear of lots adjoining the unplatted area or ten (10) feet in width along the boundary of the subdivision or subdivision phase. 2. Off-Site Easements. All easements outside the boundaries of a plat that are necessary for the installation of public infrastructure to serve the subdivision or development plat shall be acquired by the applicant and conveyed by an instrument approved by the City Attorney. H. Access Ways. Public Access Ways are prohibited in the extraterritorial jurisdiction. I. Sidewalks. Public sidewalks are prohibited in the extraterritorial jurisdiction. J. Bicycle Facilities. Public bicycle facilities are prohibited in the extraterritorial jurisdiction. K. Water Facilities. 1. All subdivisions shall have access to water supply and distribution systems for adequate fire protection and domestic use. All water mains, distribution, and service lines shall be provided to each lot and constructed in accordance with the B/CS Unified Design Guidelines and all applicable state and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. 2. Water mains within the City of College Station Certificate of Convenience and Necessity (CCN) areas shall be extended in accordance with Chapter 40, Utilities of the City of College Station Code of Ordinances. 3. Where a subdivision contains a water line as shown on the Water System Master Plan, such water line shall be designed and installed to maintain continuity in the approximate location as shown, and of the size indicated. 4. Water distribution lines shall be extended from the nearest City approved point of connection to the furthest boundary line of the platted subdivision. 5. For water systems that are not part of the City of College Station's water utility, the subdivider shall provide a letter with the construction documents from the non-City utility indicating that the non-City utility can properly serve the proposed subdivision. Construction of all water lines within a subdivision must comply with the B/CS Unified Design Guidelines. Water lines for these systems that are outside the subdivision are not required to meet City standards. L. Wastewater Facilities. 1. Private Septic Systems. ORDINANCE NO. 2023-4453 Page 286 of 335 On-site sewage disposal systems (private septic systems) shall be designed to meet all requirements of the County Health Department. These systems shall be licensed through the same agency and the license shall be kept current. A note shall be provided on the plat indicated such as above. 2. Gravity Sanitary Sewer System. Gravity sanitary sewer systems shall be in accordance with the B/CS Unified Desig n Guidelines and all applicable state and federal requirements. M. Special Flood Hazard Areas. All Federal Emergency Management Agency (FEMA) special floodplain hazard areas shall be according to the requirements, jurisdiction, and enforcement of the applicable county regulations. N. Drainage. 1. All drainage shall be in accordance with the B/CS Unified Design Guidelines and all applicable local, state, and federal requirements. Where there is a conflict of standards, the more stringent standard shall apply, as determined by the City Engineer. 2. Rapid conveyance, the phasing of development, the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements as means of mitigation, as provided in the B/CS Unified Design Guidelines and as may be required and approved by the City. 3. No construction shall impede, constrict, or block the flow of water in any drainage pathway. 4. Lot Grading. Individual lot drainage shall be coordinated with the general storm drainage for the area. Drainage shall be designed to avoid the concentration of storm drainage water from each lot to adjacent developable lots. A subdivision grading plan shall be provided with the construction documents. A general drainage pattern that meets all applicable rules and regulations shall be provided for each proposed block and lot. O. Gas or Oil Lines. 1. Identification. High-pressure flammable gas or fuel lines are defined as those which are operated or may be expected in the future to operate at a pressure of over sixty (60) pounds per square inch. High-pressure flammable gas or fuel lines, installed on public property, shall be buried with a minimum cover of thirty (30) inches and shall be marked by an all-weather typed sign, installed at each crossing and intervals of not more than three hundred (300) feet. The signs shall be installed by the utility company, state that the line is high pressure, identify the utility company name, provide an emergency phone number, and state the type of product or products transported therein. 2. Notification to the Utility Company. The subdivider shall provide written notification to the utility company regarding any proposed construction over an existing facility or within a utility's easement and provide proof of such notification to the City Engineer. P. Streetlights. Public streetlights are prohibited in the extraterritorial jurisdiction. Q. Electric Facilities. 1. All subdividers shall ascertain which electric utility is certificated to serve the proposed subdivision. 2. Electric utility facilities may be installed underground or overhead. ORDINANCE NO. 2023-4453 Page 287 of 335 3. The subdivider is responsible for contacting the appropriate electric utility provider to determine any additional requirements. R. Monuments and Corner Markers. 1. All block corners, angle points, points of curves, and all corners of boundary lines of subdivisions shall be marked with a one-half (0.5) inch steel rod, two (2) feet in length, set in the center of a concrete monument six (6) inches in diameter and thirty (30) inches deep, with the top flush with the finished ground surface. 2. Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two (2) adjacent monuments, intermediate monuments shall be set to ensure a clear view between adjacent monuments. 3. Corner markers, consisting of a one-half (0.5) inch steel rod or three-fourths (0.75) inch pipe, two (2) feet in length, shall be driven flush with the ground surface to mark the corners of all lots. S. Owners Associations for Common Areas and Facilities. 1. An owners association shall be established with direct responsibility to, and controlled by, the property owners involved to provide for operation, repair, and maintenance of all common areas, fence s, walls, gate equipment, landscaping, and all other common facilities, including private streets and sidewalks, which are part of the subdivision. 2. The owners association shall prepare and file for record a legal instrument establishing a plan for the use and permanent repair and maintenance of the common facilities and demonstrating that the owners association is self-perpetuating and adequately funded to accomplish its purpose. T. Private Streets and Gating of Roadways. 1. Gating of a public roadway is prohibited. 2. Streets required to meet block length or street projection requirements shall not be private or gated. 3. A private street may not cross an existing or proposed public thoroughfare as shown on the Comprehensive Plan Functional Classification & Context Class Map. A private street subdivision will not disrupt or cross an existing or proposed public park or pedestrian pathway as shown on the Bicycle, Pedestrian, and Greenways Master Plan. 4. Private streets shall be constructed to public street standards but located within a common area, private right-of-way, or private access easement. 5. All other private or gated street requirements shall be according to applicable county regulations. U. City Participation. The City will not participate in the cost of the subdivision or utilities outside the city limits, including garbage collection and street maintenance except for utilities dedicated to the City with a development agreement. Such utility service shall be in accordance with City Council Resolution #2-9-2006-13.04 (as amended) Regarding the Extension of Water and Sewer Utility Services to Properties within the Extraterritorial Jurisdiction (ETJ). Sec. 8.5. Waiver of Subdivision Standards. A. The Planning and Zoning Commission may authorize a waiver from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall consider the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such waiver upon ORDINANCE NO. 2023-4453 Page 288 of 335 traffic conditions and public health, convenience, and welfare of the vicinity. No waiver shall be granted unless the Commission finds: 1. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of reasonable land use ; 2. That the waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 4. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other property in the area in accordance with the provisions of this UDO. B. Such findings of the Planning and Zoning Commission shall be incorporated into the official minutes of the meetings at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDO so that public health, safety, and welfare may be secured, and substantial justice is done. C. Waiver from Water Flow Requirements. A waiver to fire flow provisions set out in the Water Facilities Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City of College Station Extraterritorial Jurisdiction Section above is prohibited. D. Waiver from Lot Size. With the exception of lots located within a City-authorized municipal utility district, a waiver to the minimum lot size provisions set out in the General Requirements and Minimum Standards of Design for Subdivisions within the City of College Station Extraterritorial Jurisdiction Section above is prohibited. Sec. 8.6. Responsibility for Payment for Installation Costs. A. Developer Responsibilities. The developer shall be responsible for the designing and installing of all public improvements which primarily serve the subdivision. This includes being responsible for the costs associated therewith that are shown on the plat or that may be off-site but needed to ensure the adequacy of public facilities and services for the subdivision; and subject to participation by the City or other third parties as may be allowed or required by applicable law, such as participation by the City for costs associated with oversizing of public improvements beyond that which is necessary to serve the subdivision. Facilities required by this UDO and the City of College Station Code of Ordinances shall be considered as primarily serving the subdivision unless otherwise determined by the City. B. Streetlights. The developer shall pay the entire cost of the subdivision streetlight installation, including the cost of service lines to supply electricity to the streetlights, and all engineering design costs. Once satisfactorily installed, approved, and accepted, the maintenance of the streetlights and the furnishing of elec tric energy to the streetlights shall be provided by the City. C. Street Signs. The developer will provide and install, at no cost to the City, all street name signs, including associated poles and hardware. D. Engineering Inspection and Testing. ORDINANCE NO. 2023-4453 Page 289 of 335 1. The City will charge for engineering inspection during construction and for final inspection as established by City Council resolution from time to time; however, it is to be understood that the City will do no layout work or daily inspection. 2. The City requires testing by an independent laboratory acceptable to the City to ensure compliance with the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and approved plans and specifications of the construction of the infrastructure before final inspection and approval of that infrastructure. Charges for such testing shall be paid by the project owner/developer. Sec. 8.7. Construction, Guarantee of Performance, and Acceptance of Public Infrastructure. Construction of private improvements is prohibited until the requirements for constructing or guaranteeing the construction of public infrastructure are met as set forth herein. A. Construction. 1. Development Permit. Upon approval of the construction documents by the City Engineer and issuance of a development permit, the subdivider may proceed with the construction of public infrastructure. Neither the developer nor the contractor nor the subcontractor shall make a connection to or tap into the City water distribution system, electric system, or sanitary sewer system until this requirement is met. The developer shall furnish all necessary materials to make the final tap or connection. 2. Letter of Completion and Acceptance. When the developer constructs the required public infrastructure, all such construction shall be inspected while in progress, by the City, and must be approved upon completion by the City Engineer. A letter of completion will be issued by the City Engineer when: a. The construction conforms to the approved plans and the Bryan/College Station Unified Design Guidelines and the Bryan/College Station Unified Technical Specifications and all applicable City, state, and federal regulations; b. The developer provides construction red-lined record drawings signed by the contractor acceptable to the City Engineer that contain the following attestation: "I, ___________ General Contractor for ___________ development, certify that the improvements shown on this sheet were actually built, and that said im provements are shown substantially hereon. I hereby certify that, to the best of my knowledge, the materials of construction and sizes of manufactured items, if any are stated correctly hereon." ___________ General Contractor c. The developer and their agent/contractor, if applicable, sign the letter of completion which furnishes the City a written guarantee that all workmanship and materials shall be free of defects for one (1) year from the date of acceptance by the City Engineer; and d. Off-site easements relating to the public infrastructure have been recorded or are presented to the City and are acceptable to be recorded. 3. Upon completion by the developer and formal acceptance by the City of the public infrastructure required to be completed by the developer, they shall become the property of the City of College Station. B. Guarantee of Performance. 1. In lieu of the obligation to construct public infrastructure as set forth above, the developer may elect to file security guaranteeing the construction of the same to obtain final plat approval and to commerce ORDINANCE NO. 2023-4453 Page 290 of 335 construction of private improvements. This may be accomplished in one (1) of the following two (2) ways: a. Performance Bond. The developer may file with the City Engineer a bond executed by a surety company holding a license to do business in the State of Texas, in an amount acceptable to the City Engineer of the City of College Station, and a form approved by the City Attorney. The developer shall state in writing a timeframe acceptable to the City by when such public improvements will be complete; or b. Letter of Credit. The developer has filed with the City Engineer an irrevocable letter of credit, in a form approved by the City, signed by a principal officer of a local bank, local savings and loan association, or other financial institution, acceptable to the City, agreeing to pay to the City of College Station, on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the developer is responsible under this Section. The guaranteed payment sum shall be the estimated costs and scheduling as prepared by the developer's engineer and approved by the City Engineer. The letter shall state the name of the subdivision and shall list the improvements which the developer is required to provide. 2. If one (1) of the two (2) types of security is filed by the developer and accepted by the City as described above, the City Engineer shall inspect and approve the construction of public improvements in accordance with the requirements of this UDO when the same occurs. If the developer fails to properly construct some or all required public improvements, the City Attorney shall, on the direction of the City Council, proceed to enforce the guarantees provided in this Section. 3. The City Engineer may extend the period by when completion of public improvements is to occur regardless of periods that may be iterated elsewhere in this UDO. Such extension of time shall be granted upon a showing of good cause and shall be reported to the Planning and Zoning Commission and recorded in the minutes. No such extension shall be granted unless security, as provided herein, has been provided by the developer covering the extended period and provided that such extension does not jeopardize the general public health, safety, and welfare. Sec. 8.8. Requirements for Parkland Dedication. A. Purpose. It is hereby declared by the College Station City Council that public parks, conservation, and greenway areas are valuable assets that advance the public's health, safety, and welfare. This Section is adopted to provide active and passive recreational areas in the form of park facilities as a function of subdivision and site development in the City of College Station and its extraterritorial jurisdiction. This Section is enacted in accordance with the home rule powers of the City of College Station granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Chapter 212 of the Texas Local Government Code, as amended. This Section recognizes that parkland dedication is a fair, reasonable, and uniform method of financing these assets that do not impose an unfair burden on new or existing development. The intent is to require new development to pay its proportionate costs that are associated with providing new, expanded, and renovated parks, so they are borne by the new residents who are responsible for creating the additional demand. This is done by integrating such requirements into the procedure for planning and developing property or subdivisions in the city and its extraterritorial jurisdiction, whether such development consists of new construction on vacant land or rebuilding and remodeling of multi -family dwellings that increases the number of bedrooms on existing residential property. The intent of these assets is to provide a variety of outdoor recreational opportunities for new residents within reasonable proximity of their homes. The primary cost of purchasing, developing, or i mproving parks ORDINANCE NO. 2023-4453 Page 291 of 335 should be borne by the landowners of residential property who, because of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. To ensure this nexus, park zones have been established by the City Council. They are shown on the Park Zones map below, and they shall be prima facie proof that any park area located therein is within a convenient distance from any residence located therein. Parkland dedication is consistent with and furthers the objectives and policies of the Comprehensive Plan and the Recreation, Park, and Open Space Master Plan to protect the health, safety, and general welfare of the public. It is coordinated with other city policies, ordinances, and resolutions by which the City see ks to ensure the provision of adequate park facilities in conjunction with the development of land. B. Applicability. 1. This Section applies to a landowner who develops land for residential use located within the city or its extraterritorial jurisdiction. 2. The parkland dedication and park development fees required by this Section are waived for any unit that qualifies as new, affordable housing to be sold to low-and moderate-income households, as defined by the current U.S. Department of Housing and Urban Development Income Limits. C. Park Zones. The City is hereby divided into park zones, as shown on the official Park Zones map below, together with all explanatory matter thereon. Zone boundaries typically follow key topographic features such as major thoroughfares, streams, city limits, and extraterritorial jurisdiction boundary lines. New park zones may be created, or existing zones amended, pursuant to procedures for amending the UDO. Park Zone Map D. Requirements. 1. General. The City Manager or their designee shall administer this Section with certain review, recommendation, and approval authorities being assigned to the Planning and Zoning Commission, the Parks and Recreation Advisory Board, and various City departments as specified herein. Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for park use or payment of a fee in lieu thereof, and payment of a ORDINANCE NO. 2023-4453 Page 292 of 335 development fee for park improvements necessary to transform the land into a usable park. Requirements herein are based on actual dwelling units or bedrooms for the entire development. Increases or decreases in the final unit or bedroom count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units or bedrooms exceeds the original estimate, additional parkland and additional park development fees may be required in accordance with the requirements in this Section. The delineation of park zones is identified in the Park Zones Subsection above. The schedule of fees and required land dedications are identified in the Parkland Dedication and Development Fees Subsection below. 2. Land Dedication. a. The amount of land to be dedicated for park purposes shall be as set forth in the Parkland Dedication and Development Fees Subsection below. The total amount of land dedicated for the development shall be dedicated to the City in fee simple: 1) Prior to the issuance of any building permits for multi-family and multiplex development, 2) Concurrently with the final plat for each phase of the development, or 3) In accordance with the terms of a valid development agreement associated with the property. If land dedication is to occur in future phases of a multiple-phase development, the developer may provide the City with financial security against the current dedication requirements by providing a bond, irrevocable letter of credit, or another alternative financial guarantee such as a cash deposit in the amount equal to the number of acres of parkland required in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication and improvements as set forth in the Parkland Dedication and Development Fees Subsection below. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required parkland and payment of the fee for the required improvements. b. Since residents living in the extraterritorial jurisdiction are likely to use the City's park facilities, they should contribute to the cost of providing them. As a result of the difficulty faced by the City in maintaining property outside the city limits, the City will generally require a fe e in lieu rather than the dedication of land. Alternatively, the dedication requirements of this Section may be met through the creation of private parkland in the same amount required as set forth in the Parkland Dedication and Development Fees Subsection below provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the city and provided that any plat related to such development is inscribed with a notation regarding same. If the private parkland option is chosen, a provision for private upkeep of the facilities as described in the Credit for Private Park Amenities Subsection below shall be made. 3. Fee in Lieu of Land. Instead of dedicating land for parks, a developer may request to meet some or all of the land dedication requirements through payment of a fee in lieu thereof in the amounts set forth in the Parkland Dedication and Development Fees Subsection below. Such fees shall be due at the same time as fees are due for final platting or for issuance of a building permit, based on the type of residential development. 4. City Final Approval. ORDINANCE NO. 2023-4453 Page 293 of 335 The City shall have the final authority in determining what proportion of land or fee may be accepted in lieu of required land dedication. The City may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in the Parkland Dedication and Development Fees Subsection below. Likewise, the City may, from time to time, require that land be dedicated in amounts as set forth in the Parkland Dedication and Development Fees Subsection below and that no fee in lieu of land will be accepted. 5. Approval Process for Parkland Dedication. a. For the land dedication of five (5) acres or more to be accepted by the City, the landowner must: 1) Obtain a recommendation from the Parks and Recreation Advisory Board, and 2) Obtain approval from the Planning and Zoning Commission pursuant to the Plats Section of Article 3, Development Review Procedures of this UDO. The Planning and Zoning Commission shall consider the recommendation from the Parks and Recreation Advisory Board but may make a decision contrary to its recommendation by majority vote. b. The City of College Station will generally not accept dedications of land for parks that are less than five (5) acres, as maintaining small parks is inefficient and too costly for the City to sustain over the long term. However, the City Manager or their designee is authorized to accept and approve land dedications of less than five (5) acres if the following criteria are met: 1) The proposed dedication provides a sufficient amount of parkland in the park zone of the proposed development for required parkland dedication, or such land provides a valuable link to the greater park system; 2) The proposed dedication has especially attractive park features, as determined by the City Manager or their designee; 3) Where the proposed dedication is insufficient for a park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in the Parkland Dedication and Development Fees Subsection below; and 4) The proposed development of the park is consistent with the City of College Station's Recreation, Park, and Open Space Master Plan. In making their decision, the City Manager or their designee may choose to submit such an application to the Parks and Recreation Advisory Board for its recommendation. In such event, the City Manager or their designee shall consider such recommendation but may make a decision contrary in accordance with the criteria set forth herein. 6. Park Development Fee. In addition to the land dedication requirements for parks, there are also park development fees established herein sufficient to develop parks in ways that meet the City Park Facility & Equipment Standards. The amount of development fees assessed to a developer subject to this Section for parks is as shown in the Parkland Dedication and Development Fees Subsection below. The process for the approval and collection of development fees shall be the same as for the parkland dedication requirements to which the development relates and shall be processed simultaneously with the parkland dedication requirements. 7. Construction of Park Improvements in Lieu of Development Fee. A developer may elect to construct park improvements in lieu of paying the associated development fees as set forth herein. In such an event: ORDINANCE NO. 2023-4453 Page 294 of 335 a. A park site plan, developed in cooperation with the Parks and Recreation Department staff, must be submitted and approved by the Director of the Parks and Recreation Department or their designee and the Parks and Recreation Advisory Board upon submission of the final plat or application for a site plan and/or building permit, whichever is applicable. b. Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements of public improvements for final plats, site plans, and building permit issuance, whichever is applicable. c. All plans and specifications shall meet or exceed the City Park Facility & Equipment Standards in effect at the time of the submission. d. If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the developer must post payment and performance bonds equal to park development fees to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws. e. The construction of all improvements must be completed in accordance with the requirements relating to the construction of public improvements for final plats, site plans, and issuance of building permits, whichever is applicable. This includes the guaranteeing of performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two (2) years from the date of the approval. f. Completion and Acceptance. Park development will be considered complete, and a certificate of completion will be issued after the following requirements are met: 1) Improvements have been constructed in accordance with the approved plans; 2) All parkland upon which the improvements have been constructed has been dedicated as required under this Section; and 3) All manufacturers' warranties have been provided for any equipment installed in the park as part of these improvements. g. Upon issuance of a certificate of completion, the developer warrants the improvements for one (1) year as set forth in the requirements in the City Park Facility & Equipment Standards. h. The developer shall be liable for any costs required to complete park development if: 1) Developer fails to complete the improvements in accordance with the approved plans; or 2) Developer fails to complete any warranty work. 8. Submitting Fee. Any fees required to be paid pursuant to this Section shall be remitted: a. Prior to the issuance of any building permits for multi -family development; or b. Upon the submission of each final plat for single-family, duplex, or townhouse development. 9. Use of Fees. Fees may be used only for the acquisition, development, and/or improvement of park facilities to which they relate; fees shall not be used for maintenance purposes. Fees in lieu of land dedication may only be used for the purchase, development, and/or improvement of parks located within the same zone as the development, or in an adjacent zone in a scenario where the development occurs close to a zone border. ORDINANCE NO. 2023-4453 Page 295 of 335 10. Reimbursement for City Acquired Park Land. The City may from time to time acquire land for parks in advance of actual or potential development. If the City does take such action, then it may require subsequent dedications to be in fee in lieu of land only. The fees will serve to reimburse the City for the cost(s) of acquisition. 11. Appeals. The property owner or applicant for new development may appeal the following decisions to the Director of Planning and Development Services, or their designee: a. The applicability of the land dedication, fee in lieu, or development fee; b. The amount of the land dedication or fee due; c. The determination of credit for private property amenities; and/or d. The amount of the refund due, if any. All appeals shall be taken within 30 days of notice of the action from which the appeal is taken. The burden of proof shall be on the appellant to demonstrate that the amount of the dedication, fee, refund, or credit was not calculated according to the requirements of this ordinance. The appellant may appeal the decision of the Director of Planning and Development Services to the City Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within 30 days following the Director's decision. The filing of an appeal shall not stay the collection of the fee due. If the notice of appeal is accompanied by a payment in an amount equal to the fee due as calculated by the City, the plat or building permit application shall be processed. E. Prior Dedication or Absence of Prior Dedication. If a dedication requirement arose prior to enactment or amendment of this Section, subseq uent development for the subject tract to which the dedication requirements apply may be subject to vesting as set forth in Chapter 245 of the Texas Local Government Code, as amended. Depending on the circumstances, additional dedication may be required for the increase in dwelling units or bedrooms from what was originally proposed. F. Comprehensive Plan Considerations. The Recreation, Park, and Open Space Master Plan, adopted by the City Council in association with the Comprehensive Plan, is intended to provide the Parks and Recreation Advisory Board with a guide upon which to base its recommendations. Because of the need to consider specific characteristics in the site selection process and future development, the park locations indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs or when sites are acquired by the City, including by donations. G. Special Fund; Right to Refund. The City shall account for all fees in lieu of land and all development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within ten (10) years from the date received by the City for the acquisition, development, and/or improvement of a park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis. If the funds are not so encumbered by contract of purchase order or expended, then the owners of the property on the last day of the ten (10) year period will be entitled to a refund of the unexpended sum upon request. The owners of the property as shown on the current tax roll or proven by another instrument, must request a refund within one (1) year of the expiration of the ten (10) year period. The request must be made in writing to the Director of Parks and Recreation. H. Credit for Private Park Amenities. ORDINANCE NO. 2023-4453 Page 296 of 335 1. Up to twenty-five (25) percent of the total fee in lieu and park development fee required by this Section to be paid by a developer may be eligible for reimbursement if the developer provides private parkland and/or amenities on the site. The remaining percentage is retained for deposit in the City's parkland dedication fund for the purpose of defraying the financial burden that new residential units impose on the existing public park system in the city, beyond the immediate development in which the dwelling is located. 2. Private facilities eligible for parkland dedication credit are those outdoor amenities typ ically found in city public parks, which will substitute for the improvements otherwise funded by a dedication fee to meet the outdoor recreation needs of residents. 3. The amount of credit shall be based on actual out-of-pocket dollar costs that the developer incurred in providing the outdoor recreation amenities: a. The improvements must be constructed in accordance with the City Park Facility & Equipment Standards. b. The developer is required to submit to the City all invoices paid toward the constructi on of the private amenities. c. To receive the credit, the improvement must be inspected and approved by all appropriate City staff. 4. Yards, court areas, setbacks, and other open areas required to be maintained under the UDO, and other regulations, shall not be included in the credit computation. 5. Private recreation improvements shall be owned by an incorporated nonprofit owners association comprised of all property owners in the subdivision. The organization should operate under a recorded land agreement through which each property unit owner in the subdivision is automatically a member, and each unit is subject to a charge for a proportionate share of expenses for maintaining the facilities. 6. Should the owners association fail to maintain the developer-provided private park facilities in compliance with City standards, each property owner agrees that the City may access the facilities to operate, maintain, and repair them. The costs of such maintenance, operations, and repairs shall be charged to the owners association. Such requirement shall be by recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City. 7. Use of the private park shall be restricted for park and recreation purposes by a recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City. 8. Facilities must be similar or comparable to what would be required to meet public park standards and recreational needs as set forth in the Parkland Park Land Guidelines and Requirements Subsection below. 9. The design of private park amenities must be reviewed and approved by the City prior to final plat approval. 10. All private park amenities shall be constructed in accordance with the Construction of Park Improvements in Lieu of Development Fee Subsection above. I. Parkland Guidelines and Requirements. Parks should be easy to access and open to public view to benefit area development, enhance the visual character of the city, protect public safety, and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. 1. Any land dedicated to the City under this Section must be suitable for park and recreation uses. The dedication shall be free and clear of all liens and encumbrances that interfere with its use for park ORDINANCE NO. 2023-4453 Page 297 of 335 purposes. The City Manager or their designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Brazos County Tax Assessor shall be submitted with the dedication or plat. 2. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for recreational activities, as set forth in the City Park Facility & Equipment Standards. 3. At the discretion of the City, land in floodplains will be considered on a three (3) for one (1) basis. Three (3) acres of floodplain will be equal to one (1) acre of parkland. 4. Where feasible, park sites should be located adjacent to greenways and/or schools to encourage shared facilities and joint development of new sites. 5. Unless intended to serve a larger area, park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. Furthermore, park sites should not be encumbered by overhead utility lines or easements which may limit the opportunity for park development. 6. Where appropriate, sites with existing trees or other scenic elements are preferred. 7. Detention/retention areas will not be considered to meet dedication requirements but may be accepted as a donation in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet specific park specifications in the City Park Facility & Equipment Standards. 8. Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to parks. 9. It is desirable that fifty (50) percent of the perimeter of a park should abut a public street . J. Warranty Required. 1. All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or their designee and all work shall be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City. 2. All work by the developer or landowner not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 3. This warranty is in addition to any rights or warranties expr essed or implied by law. 4. Where more than a one (1) year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern. 5. This warranty obligation may be covered by any performance or payment bonds tendered in compliance with this Section. 6. If any of the work performed by the developer or landowner is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Section, the designs, plans, drawings, or specifications within one (1) year after the date of the issuance of a certificate of completion of the work or a designated portion thereof, whichever is longer, or within one (1) year ORDINANCE NO. 2023-4453 Page 298 of 335 after acceptance by the City of designated equipment, or within such longer period as may be prescribed by law or by the terms of any applicable special warranty required by this ordinance, the developer shall promptly correct the defective work at no cost to the City. 7. During the applicable warranty period and after receipt of written notice from the City to begin corrective work, the developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this Code of Ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 8. If within twenty (20) calendar days after the City has notified the developer of a defect, failure, or abnormality in the work, the developer has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments or to order the work to be done by a third party. The cost of the work shall be paid by the developer. 9. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be p aid by the developer, its contractors, or subcontractors or by the surety. 10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all work, equipment, and materials that are part of the improvements made under this Section of the ordinance. K. Parkland Dedication and Development Fees. Parkland dedication and development fees for developments located within the city limits and extraterritorial jurisdiction are indicated below. The City shall review the fees established and the amount of parkland dedication required in this ordinance at least every five (5) years. Failure to review by the City shall not invalidate this ordinance. The amount indicated in the Collection Rate column shall be the amount required for each unit or bedroom proposed. Total dedication and fee amounts Proportionate Rate Collection Rate as of 7/3/2022 Collection Rate as of 10/1/2022 Collection Rate as of 10/1/2023 Collection Rate as of 10/1/2024 Land dedication Single-family: One acre per number of dwelling units 48 61 53 51 48 Multi-family: One acre per number of bedrooms 83 145 108 95 83 Fee in lieu of land dedication Single-family per dwelling unit $1,106 $524 $664 $885 $1,106 Multi-family per bedroom $395 $220 $237 $316 $395 Park development fee Single-family per dwelling unit $4,150 $737 $2,490 $3,320 $4,150 Multi-family per bedroom $1,486 $467 $892 $1,189 $1,486 Total dedication and development fees Single-family per dwelling unit $5,256 $1,261 $3,154 $4,205 $5,256 Multi-family per bedroom $1,881 $687 $1,129 $1,505 $1,881 The following calculations were used to determine the proportionate rate for the dedication and fee amounts: Proportionate Rate Calculation Input Data Neighborhood park acres 567 Community park acres (ex. Lick Creek and Veterans) 354 ORDINANCE NO. 2023-4453 Page 299 of 335 Passive park acres 198 Total park acres 1,119 Single-family dwelling units 27,343 Multi-family dwelling units 19,010 Total number of dwelling units 47,796 Persons per household (PPH) - Overall 2.58 PPH - Single-family structures 2.89 PPH - Multi-family structures 2.20 Ratio of MFU/SFU PPH 0.76 (PPH - multi-family structures / PPH - single-family structures) Dwelling units per acre of parks 42.71 (total number of dwelling units / total park acres) Adjustment ratio MFU/SFU 0.12 ((1 - ratio of MFU/SFU PPH)/2) Land dedication Single-family dwelling units per acre of parkland 48 (dwelling units per acre of parks (1 + adjustment ratio MFU/SFU)) Multi-family-family bedroom units per acre of parkland 83 (dwelling units per acres of parks (1 - adjustment ratio MFU/SFU) * PPH - multi-family structures) Fee in lieu of land dedication Average cost per acre of neighborhood parkland $50,000 Average cost per acre of community parkland $44,250 Average cost per acre of passive parkland $16,250 Fair market value of existing neighborhood parkland $28,374,335 (average cost per acre of neighborhood park land * neighborhood park acres) Fair market value of existing community parkland $15,655,778 (average cost per acre of community parkland * community park acres) Fair market value of existing passive parkland $3,213,481 (average cost per acre of passive parkland * passive park acres) Total fair market value of existing parkland $47,243,595 Average fair market value of an acre of land $42,218 (total fair market value of existing parkland / total park acres) Average fee-in-lieu $988 (average fair market value of an acre of land/dwelling units per acre of parks) Fee in-lieu of land per single-family unit $1,106 (average fee-in-lieu * (1 + adjustment ratio MFU/SFU)) Fee in-lieu of land per multi-family bedroom $395 ((average fee-in-lieu * (1 - adjustment ratio MFU/SFU)) / PPH - multi-family structures) Park development fee ORDINANCE NO. 2023-4453 Page 300 of 335 Reatta Meadows Cost (December 2017, adjusted for inflation to March 2022) $513,141.76 Acres 3.00 Cost per acre (cost/acres) $171,047 Northgate Cost (April 2019, adjusted for inflation to March 2022) $470,270.45 Acres 1.87 Cost per acre (cost/acres) $251,482 Average developed park cost per acre $211,264 (average park cost/acres) Average passive park cost per acre (15% of developed) $27,974 ((neighborhood parks value + community parks value) / (neighborhood park acres + community park acres)) Neighborhood parks value $97,067,042 Community parks value $74,745,953 Passive parks value $5,531,890 Total parks value $177,344,885 Average development cost per acre $158,479 (total parks value / total park acres) Average development cost per dwelling unit $3,710 (average development cost per acre /dwelling units per acre of parks) Development cost per single-family unit $4,150 (development cost per dwelling unit * (1 + adjustment ratio MFU/SFU)) Development cost per multi-family bedroom $1,486 ((development cost per dwelling unit * (1 - adjustment ratio MFU/SFU)) / PPH - multi-family structures) Sec. 8.9. Certifications. CERTIFICATE OF OWNERSHIP AND DEDICATION STATE OF TEXAS ) COUNTY OF BRAZOS ) I (we) ___________, the owner(s) and developer(s) of the land shown on this plat, and designated herein as the ___________ subdivision to the City of College Station, Texas, and whose name(s) is/are subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, greenways, infrastructure, easements, and public places thereon shown for the purpose and consideration therein expressed. All such dedications shall be in fee simple unless expressly provided otherwise. ___________ ___________ Owner(s) STATE OF TEXAS ) COUNTY OF BRAZOS ) ORDINANCE NO. 2023-4453 Page 301 of 335 Before me, the undersigned authority, on this day personally appeared ___________ known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he/they executed the same for the purpose and consideration therein stated. Given under my hand and seal on this ___ day of _______, 20 ___. ___________ Notary Public, Brazos County, Texas (Seal) CERTIFICATE OF SURVEYOR AND/OR ENGINEER STATE OF TEXAS ) COUNTY OF BRAZOS ) I, ___________, Registered Public Surveyor (Engineer), No. _______, in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property and that property markers and monuments were placed under my supervision on the ground. ___________ Surveyor (Engineer) CERTIFICATE OF CITY ENGINEER I, ___________, City Engineer of the City of College Station, Texas, hereb y certify that this subdivision plat conforms to the requirements of the subdivision regulations of the City of College Station. ___________ City Engineer, City of College Station CERTIFICATE OF PLANNING AND ZONING COMMISSION I, ___________, Chair of the Planning and Zoning Commission of the City of College Station, hereby certify that the attached plat was duly approved by the Commission on the ___ day of _______, 20 ___. ___________ Planning and Zoning Commission Chair, City of College Station ORDINANCE NO. 2023-4453 Page 302 of 335 CERTIFICATE OF THE COUNTY CLERK Leave a space four (4) inches wide and two (2) inches tall for the Certificate of the County Clerk. ___________ County Clerk, Brazos County, Texas CERTIFICATE OF CITY PLANNER (for amending or minor plats) I, ___________, City Planner of the City of College Station, Texas, hereby certify that this subdivision plat conforms to the requirements of the subdivision regulations of the City of College Station. ___________ City Planner, City of College Station CERTIFICATE OF APPROVAL (for plats in the extraterritorial jurisdiction) This subdivision plat was duly approved by the Commissioners Court of Brazos County, Texas as the final plat of such subdivision on ___ day of _______, 20___. Signed this the ___ day of _______, 20___. ___________ County Judge, Brazos County, Texas CERTIFICATE OF NO ACTION TAKEN I, ___________, Chair of the Planning and Zoning Commission, hereby certify that the plat was filed with the Planning and Development Services Department on the ___ day of _______ and that the Planning and Zoning Commission failed to act on the plat within 30 days after the plat was filed. ___________ Planning and Zoning Commission Chair, City of College Station Article 9. Nonconformities Sec. 9.1. General. Except as specified in this Article, any use, building, structure, or sign existing at the time of enactment of this UDO, or classification amendment applicable to its use, may be continued even though such use, building, structure, or sign may not conform with the provisions of this UDO for the district in which it is located; provided, however, that this Article shall not apply to any use, building, structure, or sign established in violation of this UDO or ordinance previously in effect in College Station. CERTIFICATE OF THE COUNTY CLERK ORDINANCE NO. 2023-4453 Page 303 of 335 Sec. 9.2. Nonconforming Uses. A. Continuance. An existing use that is not in compliance with this UDO or subsequent amendments applicable to the use shall not be enlarged, extended, reconstructed, substituted, or structurally altered unless the use is brought into compliance with this UDO, except as follows: 1. Expansion. a. For properties designated as Neighborhood Conservation on the Comprehensive Plan Future Land Use & Character Map: When authorized by the Zoning Board of Adjustment in accordance with the provisions of this Article, enlargement or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such building, where such extension is necessary and incidental to the existing use of such building and does not exceed twenty-five (25) percent of the original area of nonconformity. b. For properties in all other areas: Buildings and structures devoted to nonconforming uses may be enlarged, extended, or structurally altered provided such enlargement, extension, or structural alteration is incidental to the existing use of existing buildings and does not exceed fifty (50) percent of the original area of nonconformity. Enlargements greater than fifty (50) percent of the original area of nonconformity shall require approval of the Zoning Board of Adjustment. 2. Conditional Use. A use existing on the effective date of this UDO, or subsequent amendment applicable to its use, which would only be permitted as a conditional use, shall be a lawful nonconforming use until altered pursuant to the Conditional Use Permits Section of Article 3, Development Review Procedures of this UDO. In the event of issuance of a conditional use permit, such use becomes a permitted and lawfu l use. B. Termination. The City Council shall have the authority to initiate, on its motion, action to bring about the discontinuance of a nonconforming use under any plan whereby the full value of the structure can be amortized within a definite time period, taking into consideration the general character of the area and the necessity for all property to conform to the regulations of this UDO. C. Abandonment. Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use has been discontinued or abandoned for more than three (3) months, a presumption of intent to abandon said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful. Sec. 9.3. Nonconforming Structures. A. Enlargement; Alteration. 1. A structure (including parking lots, parking structures, and parking areas) that is nonconforming by physical design may be enlarged or structurally altered as long as such enlargement or alteration otherwise complies with the terms of this UDO with the following exceptions: a. Parking Requirements: The Administrator may make exceptions to the requirement of following the UDO for parking requirements for non-residential properties where there are physical limitations and a demonstrated inability to meet all standards of this UDO but may not waive more than fifty (50) percent of the required number of parking spaces. b. Landscaping Requirements: The Administrator may make exceptions to the requirement of following the UDO for landscaping requirements for non-residential properties where there are ORDINANCE NO. 2023-4453 Page 304 of 335 physical limitations and a demonstrated inability to meet all standards of this UDO but may not waive more than fifty (50) percent of required landscaping points. c. Buffer Requirements: The Administrator may reduce required buffer yard widths and plantings where there are existing structures being retained in the required buffer area or where there are other physical limitations and a demonstrated inability to meet all standards of this UDO so long as such reductions do not increase the existing degree of nonconformity. 2. In NG-1 Core Northgate, NG-2 Transitional Northgate, and NG-3 Residential Northgate, the whole building plot must come into compliance with the requirements of this UDO when more than fifty (50) percent of a building(s) on the site is enlarged or altered. B. Termination. The City Council shall have the authority to initiate on its m otion or cause to be presented by interested property owner, action to bring about the discontinuance of a nonconforming structure under any plan whereby the full value of the structure can be amortized within a definite time period, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this UDO. C. Abandonment. Whenever a nonconforming structure has been discontinued or abandoned for more than three (3) months, a presumption of intent to abandon said structure shall have been established and the right to continue the former nonconforming structure shall be unlawful. Sec. 9.4. Nonconforming Lots of Record. A. Authority to Utilize for Single-Family Residence. In any district in which single-family dwelling units are a permitted use, notwithstanding the regulations imposed by any other provisions of this Section, a single-family detached dwelling unit that complies with the restrictions below may be erected on a nonconforming lot that is not less than thirty (30) feet in width, consisting entirely of one (1) tract of land of not less than three thousand (3,000) square feet, and that: 1. Has less than the prescribed minimum lot area, width, and/or depth; 2. Is shown by a recorded plat or deed to have been a lot of record owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance; and 3. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance or other ordinances. B. Regulations for Single-Family Use of Nonconforming Lots. A nonconforming lot authorized to be used pursuant to this Section may be used for a single-family dwelling unit and no other structure except for a garage or carport. Construction of such single -family dwelling unit shall comply with all the regulations (except lot area, width, and depth) applicable to single-family dwelling units in the zoning district in which the lot in question is located, except that the following side yard requirements shall apply in place of the side yard requirements otherwise applicable: 1. The dwelling unit shall be placed on the lot to provide a yard on each side of the dwelling unit. 2. The sum of the widths of the two (2) side yards on such lot shall be not less than the smaller of: a. Twenty-five (25) percent of the width of the lot; or b. The minimum total for both side yards prescribed by the dimensional standards for said zoning district. ORDINANCE NO. 2023-4453 Page 305 of 335 3. No side yard shall be less than three (3) feet wide. C. Regulations for Certain Nonconforming Lots Zoned R Rural. 1. A single-family dwelling unit and accessory structure(s) in areas zoned R Rural, may be erected or structurally altered on a nonconforming lot of record, that is not less than five thousand (5,000) square feet in area and not more than one (1) acre in area, so long as the structure or the addition to the structure complies with the setbacks established by the GS General Suburban zoning district. 2. A single-family dwelling unit or accessory structure located on property within the area annexed by Ordinance No. 2011-3331, may be erected or structurally altered on a nonconforming lot of record provided the proposed construction complies with the setback requirements established by the GS General Suburban zoning district. D. Other Uses of Nonconforming Lots: Site Plan Required. In any district in which single-family dwelling units are not permitted, a nonconforming lot of record which meets the requirements above may be used for any use permitted in the district in which it is located if, but only if, a site plan for such use has been approved in accordance with the provisions of the Site Plans Section of Article 3, Development Review Procedures of this UDO. E. Lots Made Nonconforming by Right-of-Way Acquisition. Any lot made nonconforming solely by means of dedication, condemnation, sale, or other conveyance for public right-of-way shall be allowed to pursue any allowed use as if such area were a part of the remaining lot, except that all applicable setbacks shall be adhered to. F. Lots Made Nonconforming by Annexation. Existing lots and platted or partially platted building plots made nonconforming by the zoning applied at the time of annexation shall be allowed to replat, provided that the resulting replat brings the property closer to compliance with current zoning district standards. Sec. 9.5. Nonconforming Tracts. Unplatted properties made nonconforming by the zoning applied at the time of annexation shall be allowed to plat, provided that the resulting lot contains the entire tract. Sec. 9.6. Nonconforming Signs. A. Continuation Allowed. A lawfully nonconforming sign may continue in use except as otherwise provided in or authorized by this Section. A change in the information on the face of an existing nonconforming sign is allowed if the change does not increase the area of the sign face and involves no structural alteration. B. Alteration; Expansion; Moving. No nonconforming sign, by the voluntary act of the owner, shall be: 1. Changed or altered in any manner which would increase the degree of its nonconformity; 2. Expanded (sign face); or 3. Moved in whole or in part to any other location where it would remain nonconforming. C. Signs Required to be Moved by the City. Any nonconforming sign required to be moved or removed by the City shall be removed or relocated in accordance with the provisions of the Texas Local Government Code, as amended. D. Regulations for Certain Nonconforming Properties Zoned R Rural. ORDINANCE NO. 2023-4453 Page 306 of 335 Attached signs may either be erected or structurally altered on a nonconforming non-residential structure located on property within the area annexed by Ordinance No. 2011-3331, provided the proposed sign or alteration complies with the Signs Section of Article 7, General Development Standards of this UDO. Article 10. Enforcement Sec. 10.1. Enforcement by Administrator. The Administrator, or their designee, shall have the authority to issue citations for the violation of the provisions of this UDO. In the event an individual signs a copy of the citation given to them, t hey thereby acknowledge receipt of the citation and promise to contact the Municipal Court and arrange for the entry of a plea and a hearing, where necessary, within ten (10) days of the date of the citation. If the defendant shall not sign a citation, the Administrator shall proceed to prepare and file a formal complaint with the Municipal Court and shall seek the issuance of a warrant, delivering the same to the appropriate law enforcement officer for the resulting arrest of the defendant. A person who knowingly violates a written promise to appear in court, as provided above, commits a misdemeanor regardless of the disposition of the charge on which the ticket is issued. Sec. 10.2. Penalties for Violation. Any person who violates or fails to comply with the requirements of this UDO, or who builds or alters any building or structure in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor and be liable to a fine pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances. Sec. 10.3. Penal Provisions. A. Within City Limits. Any person violating any provision of this UDO within the city limits shall be guilty of a misdemeanor, and upon conviction, shall be fined pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances. Prosecution or conviction under this provision shall never be a bar to any other relief for violations of this UDO. B. Outside City Limits. Any person violating any provision of this UDO outside the city limits, but within the extraterritorial jurisdiction, shall not be considered as committing a misdemeanor, nor shall any fine provided in the Within City Limits Subsection above be applicable; however, the City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this UDO. Sec. 10.4. Specific Enforcement and Penalties for Flood Hazard Protection. A. Notification of Noncompliance. If at any time development takes place for which an approved development permit has not been issued, or development occurs which does not conform to the plans and specifications upon which the issued development permit was based, the Administrator or their designee shall issue a written notice of noncompliance to the owner. The notice shall give a specific time allowance to the owner during which he must take one (1) of the following steps to bring the development into compliance with this UDO: 1. An acceptable application for a development permit must be filed with the Development Engineer for the entire scope of development taking place or proposed for the site; ORDINANCE NO. 2023-4453 Page 307 of 335 2. The item or items which are not in compliance with the terms, conditions, and provisions of this UDO shall be corrected, added, or improved until they comply with this UDO, at which time the owner shall request, in writing, a re-inspection by the Development Engineer; 3. Modified construction plans shall be submitted to the Development Engineer which detail, in an acceptable manner, the remedial, additional, or corrective measures which must be taken to bring the development within the provisions and requirements of this UDO; or 4. An acceptable variance request, subject to the provisions of this UDO, shall be submitted to the Administrator which shall have the effect, if granted, of removing the requirements for which the development was determined to be in noncompliance. The time allotment for these actions shall be reasonable and shall be determined according t o the number, nature, and severity of the non-complying items. In no case shall that period exceed thirty (30) calendar days from the date of notification. If, in the opinion of the Development Engineer, a condition exists which is hazardous to the immediate safety of the public, they may seek remedies outside the scope of this Section. B. Revocation or Suspension of Development Permit. Upon expiration of the time allotment for remedial or corrective measures, the Development Engineer shall take one (1) of the following courses of action: 1. If, in the opinion of the Development Engineer, the owner has made, or is making, a good faith effort to remedy the offending situation, the Development Engineer may extend the time allotment previously granted if such extension is requested by the owner; or 2. Where an approved development permit has been issued for the development, the Development Engineer shall suspend the development permit. Written notice of said suspension, along with the terms and requirements for reinstating the development permit, shall be delivered to the owner. Upon suspension of a development permit, all portions of the work being done on the property that is regulated by this UDO shall cease. These activities include but are not limited to grading, excavation, fill, berming, stripping, clearing, paving, placement of any storm sewer, drainage structure, inlet, or appurtenance thereto; any work within a defined area of special flood hazard, or placement of any structure, temporary or permanent, or any obstruction within the area of special flood hazard. 3. Upon finding that no approved development permit exists for the work or property in question or suspending an existing approved development permit, the Development Engineer shall issue a stop work order for all items of work on the subject property covered by this or other ordinances, any work permitted, licensed, or otherwise regulated by the City, or any work subject to inspection or approval by the City. The Development Engineer may enter the property to inspect and verify that the requirements of this UDO are being met. All notices required by this Section shall be served upon the parties concerned either personally or by certified mail, addressed to the individual contracting parties or perm it holder(s), at the address given on the permit application. C. Penalty Imposed. Upon the finding of a violation of this UDO regarding flood hazard protection, the Development Engineer may file a complaint in the Municipal Court of the City of College Station against any person, firm, corporation, or other legal entity. In the event the judge finds any person, firm, corporation, or other legal entity to violate the terms, conditions, or requirements of this UDO, or provisions or conditions pursuant thereto, they shall find said person, firm, corporation, or other legal entity guilty of a misdemeanor; and upon conviction shall impose a fine pursuant to Chapter 1, General Provisions of the City of College Station Code of Ordinances. Prosecution under this provision shall not be a bar to any other relief for violation of this UDO. D. Fine Not Exclusive Penalty. ORDINANCE NO. 2023-4453 Page 308 of 335 In addition to a fine, the City may institute appropriate actions or proceedings at law or equity for the enforcement of the provisions of this UDO, or to correct violations thereof, and, if applicable, appropriate actions or proceedings at law or equity against any surety company, escrow holder, or any third party who has affirmatively acted as surety or guarantor for the faithful performance of the permit holder's work. Sec. 10.5. Specific Penalties for Certificates of Appropriateness and Certificates of Demolition. A person is criminally responsible for a violation of the Certificates of Appropriateness Section and the Certificates of Demolition Section of Article 3, Development Review Procedures of this UDO if: 1. The person owns part or all of the property where the violation occurs, 2. The person is the agent of the owner of the property and is in control of the property, or 3. The person commits the violation or assists in the commission of the violation. Sec. 10.6. Specific Enforcement and Penalties for Drainage and Stormwater Management. A. Enforcement Responsibility. The Administrator or their designee has the responsibility for enforcement of the provisions of this ordinance. The duties include not only the issuance of permits as required by this UDO but also the responsibility of ensuring that all facilities conform with this subpart and with any other applicable state and federal laws, and requirements and regulations of the City of College Station Code of Ordinances. The Administrator has the authority to adopt policies and procedures not inconsistent with the terms of this ordinance necessary to implement the provisions of this division. B. Violations. 1. Violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each violation shall be deemed a separate offense for every day during which any violation of any of the provisions of this ordinance is committed or continued. Any person found guilty of violating a provision of this ordinance may be punished according to Chapter 1, General Provisions of the City of College Station Code of Ordinances. 2. The owner or operator of any facility, structure, premises, or part thereof, and any architect, builder, contractor, agent, or another person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. 3. A violation of this Section is also declared a nuisance and may be enforced five thousand (5,000) feet outside the city limits. C. Notice of Violations. If the Administrator determines that there is a violation of this ordinance, notice will be sent to the property owner or operator of record by registered or certified mail, unless deemed an emergency pursuant to the Stormwater Discharges Article of Chapter 14, Environment and Natural Resources of the City of College Station Code of Ordinances. The notice will specify the measures required to come into full compliance with this ordinance and shall specify the time within which the measures must be completed. Failure to comply within the time specified is a violation of this ordinance and is subject to additional penalties outlined herein. D. Voluntary Compliance. The Administrator has the authority to instruct an operator of a facility that commits any acts prohibited by this ordinance to achieve voluntary compliance as determined by the Administrator. The Administrator will provide a reasonable amount of time, specific to the occurrence, to remedy the violation. E. Stop Orders. ORDINANCE NO. 2023-4453 Page 309 of 335 The Administrator has the authority to issue stop-work orders for any facility that commits any acts prohibited by this ordinance. F. Appeals, Interpretation, and Variances. Where applicable, any appeals, interpretations, or variances of the Administrator's designee shall first be to the Administrator, then to a court of competent jurisdiction. Any appeals, interpretations, or variances of the Administrator shall be to a court of competent jurisdiction directly. Article 11. Definitions Sec. 11.1. General. A. For the purpose of this UDO, certain words shall be interpreted as follows: 1. Words in the present tense include the future tense. 2. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. 3. The word "person" includes a firm, association, corporation, trust, and company, as well as an individual. 4. The word "structure" shall include the word "building." 5. The word "lot" shall include the words, "plot," "parcel," or "tract." 6. The words "will" and "shall" are always mandatory and not merely directory. B. Words not specifically defined in the Defined Terms Section below shall take their common dictionary meaning, except as modified by use as terms of art in planning or engineering. Sec. 11.2. Defined Terms. Accessory Use, Structure, or Building: A residential or non-residential use, structure, or building which: (1) is subordinate to and serves a primary use or principal structure; (2) is subordinate in area, extent, or purpose to the primary use served; (3) contributes to the comfort, convenience, or necessity of occupants of the primary use served; (4) is located within the same zoning district as the primary use; and (5) is not used for commercial purposes other than legitimate home occupations in residential districts. Examples of accessory buildings, structures, or uses include but are not limited to private garages, greenhouses, living quarters, tool sheds, radio or television antennae, or bathhouses. Access Way: An access way consists of a minimum fifteen (15) foot wide public access easement or public right-of- way. A minimum five (5) foot sidewalk shall be constructed in the center of the access way, except where the access way provides a connection to a multi-use path, a minimum eight (8) foot sidewalk shall be provided. Administrator: The Director of Planning and Development Services of the City of College Station, or their designee. Adult Arcade: Any business enterprise that offers or maintains one (1) or more adult video viewing booths. Adult Cabaret: Any business enterprise which regularly features or offers to the public, customers, or members, performances by persons who appear nude or semi-nude, or live performances that are characterized by their emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities. ORDINANCE NO. 2023-4453 Page 310 of 335 Adult Motel: A hotel, motel, or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration. Adult motels provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or (2) Offers a sleeping room for rent for a time period that is less than ten (10) hours; or (3) Allows a tenant or occupant of a sleeping room to sub-rent room for a time period that is less than ten (10) hours. Adult Movie Theater: Any business enterprise which regularly features or offers to the public the presentation of motion picture films, movies, or sound recordings which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities and which are presented to a common audience of more than five (5) persons in an enclosed common area or are presented in a common area of more than one hundred fifty (150) square feet. Adult Retail Store: A business enterprise that meets any of the following tests: (1) Offers for sale or rental items from any two (2) of the following categories: (a) Sexually oriented materials; (b) Lingerie; or (c) Leather goods that are marketed or presented in a context to suggest their use in connection with specified sexual activities; (2) Offers for sale sexually oriented toys and novelties, except a business enterprise which devotes less than ten (10) percent of its stock in trade and sales and display area to sexually oriented materials, with all sexually oriented toys and novelties separated from other sales and display areas by an opaque wall at least eight (8) feet in height with a management-controlled system of access to ensure that only persons over the age of eighteen (18) years are allowed to enter the area; (3) Devotes more than ten (10) percent of its stock in trade or sales and display area to sexually oriented materials without having all sexually oriented materials separated from other sales and display areas by an opaque wall at least eight (8) feet in height with a management-controlled system of access to ensure that only persons over the age of eighteen (18) years are allowed to enter the area; (4) Devotes more than forty (40) percent of its stock in trade or sales and display area to sexually oriented materials; or (5) Advertises or holds itself out in signage visible from the public right-of-way as "X…," "adult," "sex," or otherwise as a sexually oriented business. Adult Retail Store, Limited: Any business enterprise which offers for sale or rental sexually oriented materials, and which devotes at least ten (10) percent and not more than forty (40) percent of its stock in trade or sales and display area to sexually oriented materials, provided that: (1) The following items are not also offered for sale: (a) Lingerie; or (b) Leather goods that are marketed or presented in a context to suggest their use in connection with specified sexual activities; (2) All sexually oriented materials are separated from other sales and display areas by an opaque wall at least eight (8) feet in height with a management-controlled system of access to ensure that only persons over the age of eighteen (18) years are allowed to enter the area; and (3) The business enterprise does not advertise or hold itself out in signage visible from the public right-of- way as "X…," "adult," "sex" or otherwise as a sexually oriented business. ORDINANCE NO. 2023-4453 Page 311 of 335 Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly f eatures persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." Adult Video Viewing Booth: Coin or slug-operated, or electronically or mechanically controlled, still or motion- picture machines, projectors, or other image-producing devices which present to five (5) or fewer persons per machine at any time visual or audio material of any kind which is characterized by its emphasis on the description or depiction of specified anatomical areas or specified sexual activities. No part of this definition shall be construed to permit more than one (1) person to occupy an adult video viewing booth at any time. Alley: A minor public way that provides a secondary means of vehicular access to the abutting property otherwise served from a public street. Alternative Mounting Structure: Any building or structure, other than a tower, which can be used for the location of telecommunication antennas and facilities. Antennas located on these structures may include attached wireless transmission facilities or stealth antennae. Animal Care Facilities: A place where animals are boarded and/or bred including but not limited to stables and kennels. Antenna: Any system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals. Antenna, Directional ("Panel" Antenna): An antenna that transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. Antenna, Omni-Directional ("Whip" Antenna): An antenna that transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. Antenna, Parabolic ("Dish" Antenna): A bowl-shaped device for the reception and/or transmission of radio frequency signals in a specific directional pattern. Appeal: A request for a review of the Administrator, or other administrative official's interpretation, of any provisions of this UDO or a request for a variance. Architectural Element: An element, design, or motif, that is installed, attached, painted, or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression, and not relating to a specific sign, logo, or identity of any specific business tenant. Area of Special Flood Hazard: The land adjacent to a clearly defined channel within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Map. After detailed ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, Zone A usually is refined into Zones A, AE, AH, AO, A1—99, VO, V1—30, VE, or V. Art Studio or Gallery: A structure where objects of art are created or displayed for public enrichment or where said objects of art are displayed for sale including but not limited to the teaching of photography, painting, sculpturing, and other similar skills as the primary use of the structure. Assisted Living/Residential Care Facility: A building used or designed for the housing of the aged, and/or mentally or physically handicapped persons who need assistance with activities of daily living and/or health care and/or personal care in a homelike setting and duly licensed by the State for such purpose. Attached Wireless Telecommunication Facility: A wireless telecommunication facility that is affixed on an existing structure that is not primarily used for the support or attachment of a wireless telecommunication facility and is not a normal component of such a facility. Banner/Flag: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and/or logo). ORDINANCE NO. 2023-4453 Page 312 of 335 Banner, Commercial: A sign made of cloth, canvas, or other flexible material which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing. Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year, often referred to as the one hundred (100) year flood. Bed and Breakfast: A residential structure where two (2) or fewer rooms are rented to transient paying guests on an overnight basis with no more than one (1) meal served daily, where no cooking facilities are provided in the rooms and the total number of permanent and transient occupants does not exceed four (4) at any time. Best Management Practices (BMP): Schedules of activities, practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the municipal stormwater drainage system and waters of the United States. Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Block: A tract or parcel designated as such on a duly recorded plat. Blocks are surrounded by streets or a combination of streets and other physical obstructions such as a railroad or one hundred (100) year floodplain. Block Length: A measurement of the linear distance of land along a blockface that is bounded on both ends by public through streets or by a combination of a public through street, public way, railroad, or one hundred (100) year floodplain. As such, gated streets, private streets, culs-de-sac, alleys, private driveways, or access ways do not divide land into separate blocks. Example of Different Block Lengths Blockface: That portion of a block or tract of land facing the same side of a single street and lying between the closest intersection streets. Body Rub Parlor: Any business enterprise where body rub services are provided to induce relaxation or for other purposes. Building: Any structure having a roof supported by columns or walls and built for the support, shelter, or enclosure of persons, chattel, or movable property of any kind and which is affixed to the land. Building Height: The vertical distance measured from the finished grade and the height of the roof as described below. For buildings with multiple roof levels, the highest of the various roof levels must be used to determine the building height. The average height of multiple roof levels is not to be used to determine building height. Unless indicated in the figures below, the building height shall be the highest point of equipment located on top of a ORDINANCE NO. 2023-4453 Page 313 of 335 structure such as satellite dishes, heating, and air conditioning units. See below for a list of figures showing how to calculate the building height for different roofs. Building Height for a Cross Gable, Gable, Gambrel, or Hip Roof Building Height for a Mansard Roof Building Height for a Flat or Shed Roof Building Official: The person designated by the Administrator as Building Official of the City of College Station, or their designee. Building Plot: All of the land within a project, whether one (1) or more lots, developed according to a common plan or design for similar or compatible uses that may have shared access or parking and that singularly or in phases is treated as such for site plan purposes. The determination of the boundaries of a building plot shall be made as the first step in the site plan or project review unless such determination has previously been made at the time of plat approval. For development not subject to site plan review, the building plot or premises shall be the exterior boundary of any included lots in the event the structure sits astride two (2) or more lots. In the event two (2) or more lots are under single ownership and the structure does not meet the required side yard setback, both lots shall be considered the building plot or premises. Demolished sites located in larger parking lots that m ay not have previously been considered part of a larger building plot will be considered part of the plot if access is shared with the site. Bulb-Out: Extension of the curb line to physically narrow a street. Allows for delineation of on -street parking and reduces the distance of pedestrian crossing. Caliper: The width of the trunk of a tree measured at twelve (12) inches above grade. ORDINANCE NO. 2023-4453 Page 314 of 335 Carport: A structure that has enclosing walls for less than fifty (50) percent of its perimeter covered with a roof and constructed specifically for the storage of one (1) or more motor vehicles. Car Wash: A place containing facilities for washing automobiles which may include the automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying. Certificate of Compliance: A letter signed by the Development Engineer indicating compliance with all plans and specifications applicable to the subject project and completion of all stormwater management and soil erosion protection measures. City: The City of College Station, Texas, which is enabled the Texas Constitution and the Texas Local Government Code, as amended, to adopt land development regulations and processes. City Attorney: The person employed as City Attorney of the City of College Station, or their designee. City Council: The duly and constitutionally elected governing body of the City of College Station. City Engineer: The person employed as City Engineer of the City of College Station, or their designee. City Manager: The person employed as City Manager of the City of College Station, or their designee. Classification Amendment: An amending zoning ordinance that pertains to the rezoning of a particular parcel or parcels of land, as distinguished from a change in the provisions of the ordinance relevant and pertaining to the entire city. Clinic: A facility operated by one (1) or more physicians, dentists, chiropractors, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Cluster Development: A residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively does not exceed the maximum density limit for the underlying zoning district. Cold Storage Plant: A commercial establishment where foods or other commodities are stored either in lockers, rented or leased, or in vaults in bulk for distribution to the home or other commercial businesses. No slaughtering of animals or fowl is allowed on the premises. Collocation: When more than one (1) wireless telecommunications provider shares a wireless telecommunications support structure. Commercial Garden: The retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products. Commercial Greenhouse: A structure or location where plants, vegetables, flowers, and similar materials are grown for sale. Commercial Amusements: Any enterprise whose main purpose is to provide the general public with an amusing or entertaining activity where tickets are sold, or fees are collected, at the gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, Ferris wheels, children’s rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, indoor shooting ranges, and similar enterprises. Sexually oriented businesses and nightclubs, bars, and taverns are excluded from this definition. Common Open Space: A parcel or parcels of land, area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of residents of a proposed project. Comprehensive Plan: The City of College Station’s Comprehensive Plan, including any associated plans or studies adopted by the City Council. ORDINANCE NO. 2023-4453 Page 315 of 335 Concept Plan: A written and graphic plan submitted for consideration of a P-MUD Planned Mixed-Use District or a PDD Planned Development District that indicates the proposed land uses and their overall impact on the subject land and surrounding lands in a conceptual form. Conditional Use: A use which may be permitted or denied in a district, on a case-by-case basis, subject to meeting certain conditions or procedures set forth in, or imposed under, this UDO. Condominium: A dwelling unit available for sale contained within a multi-family development subject to covenants, conditions, or restrictions placing control over the common facilities owned by the condominium. This definition includes condominiums, cooperatives, trusts, partnerships, or other similar associations. Construction Plans: The construction documents required to accompany the final plat or the building and site plans required for the issuance of a development permit and/or building permit. Construction Site Notice: A written submission to the Municipal Separate Storm Sewer System (MS4) operator from an applicant stating that a small construction activity will be commencing and will operate under the provisions of the Texas Commission on Environmental Quality (TCEQ) General Permit TXR150000. Country Club: Land area and buildings containing golf courses or other recreational facilities, a clubhouse, and customary accessory uses open to members and their guests. Courtyard House: One of a group of small detached single-family dwelling units arranged around a shared open courtyard accessible to the units. Each courtyard house shall be individually platted and oriented so that the front entrances are accessed from the shared courtyard. The courtyard shall be jointly owned and managed by an owners association and preserved as a common open space. Vehicular access and garages shall be accessed via an alley or private drive. Cul-de-Sac: A street having one (1) outlet to another street and terminating on the other end in a vehicular turnaround. Cupola: A small dome and the shaft that supports it on top of a building. Day Care - Commercial: Any facility or premises where a total of seven (7) or more children under sixteen (16) years of age, and/or elderly adults, regularly attend for purposes of custody, care, or instruction. Said children or elderly adults are not members of the family of any person operating the facility or premises. Day Care - In -Home: Any private residence where a total of six (6) or fewer persons regularly attend for purposes of custody, care, or instruction. Said persons are not members of the family living in the residence. Nothing in this definition shall conflict with the provisions of Chapter 123 of the Texas Human Resources Code, as amended. Density: The number of dwelling units per gross acre. Detention: The temporary storage and controlled release of stormwater flows. Development: Any manmade change to improved or unimproved real estate that requires a permit or approval from any agency of the City or county including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, clearing, drilling operations, storage of materials, or the subdivision of property. Routine repair and maintenance activities are exempted. Development Engineer: The person designated by the City Engineer as Development Engineer of the City of College Station. Dormer: Projecting framed structure set vertically on the rafters of a pitched roof, with its own roof (pitched or flat), sides, and a window set vertically in the front. Dormitory: A residential structure designed for the exclusive purpose of housing students of a university, college, school, church, or non-profit organization, excepting resident staff, but which does not include complete, independent living facilities, including cooking, in each dwelling unit. Common kitchen facilities and/or gathering rooms for social purposes may also be provided. ORDINANCE NO. 2023-4453 Page 316 of 335 Drainage Area: The area, measured in a horizontal plane, which contributes stormwater flows by gravity flow along natural or man-made pathways to a single designated point along a pathway. Drainage Facility: Any element necessary to convey stormwater flows from its initial contact with the earth to its disposition in an existing watercourse. Drainage facilities include but are not limited to both public and private storm sewers (closed conduits), streets, improved channels constructed in accordance with the adopted Bryan/College Station Unified Design Guidelines, Technical Specifications and Standard Details, unimproved drainage ways left in their natural condition, areas covered by drainage easements for the purpose of providing concentrated or overland sheet flow, and all appurtenances to the foregoing, including inlets, manholes, junction boxes, headwalls, energy dissipaters, and culverts. Drainage System, Primary: The system of natural, improved, or channelized watercourses including all closed conduits, culverts, bridges, detention facilities, and retention facilities associated with the watercourses. All components of the primary drainage system are shown or indicated in the Bryan/College Station Unified Design Guidelines, Technical Specifications, and Standard Details. Drainage System, Secondary: The system of conveyance of rainfall from the point that it becomes concentrated flow to the point where it reaches the primary drainage system. This system includes all swales, ditches, minor channels, streets, gutters, inlets, culverts, detention or retention facilities, or other means of conveyance of stormwater flows. Drip Molding: A horizontal molding placed over an exterior door or window frame to divert rainwater. Drive-In/Thru: A building opening, inducing windows, doors, or mechanical devices, designed and intended to be used to provide for sales to and/or service to patrons who remain in their vehicles. Duplex: A structure providing two (2) dwelling units on a single lot or building plot. Dwelling Unit: A residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, cooking, eating, and sanitation. Earth Change: A man-made change in the natural cover or topography of land, including cutting or filling activities, which may result in or contribute to soil erosion or sedimentation. Easement: A grant of reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement. Easement, Drainage: An interest in land granted to others for maintenance of a drainage facility on which certa in uses are prohibited. Drainage easements provide for the entry and operation of machinery and vehicles for maintenance. Easement, Historic Preservation: An easement that protects a significant historic, archaeological, or cultural resource. It provides assurance that a property's intrinsic values will be preserved through future ownership. A building, a portion of a building (such as the façade), or a bridge, dam, or any other kind of structure may qualify. A historic preservation easement may also protect a historic landscape, battlefield, traditional cultural place, or archaeological site. Easement, Maintenance: A private easement that is dedicated by plat specifically for zero lot line construction in a single-family residential development. Maintenance easements shall be a minimum of seven and one-half (7.5) feet in width. Easement, Utility: An interest in land granted to the City, the public generally, and/or a private utility company for the installation or maintenance of utilities across, over, or under private land, together with the right to enter thereon with machines and vehicles as necessary for the maintenance of such utilities. Educational Facility, Instruction Indoor: Any facility or premises regularly attended by one (1) or more persons for the purpose of instruction. All instruction and activity must be fully contained within the building. Such types of instruction include classes in acting, art, dance, music, photography, and martial arts. ORDINANCE NO. 2023-4453 Page 317 of 335 Educational Facility, Instruction Outdoor: Any facility or premises regularly attended by one (1) or more persons for the purpose of instruction. Activities are allowed outside of a building. Educational Facility, Primary and Secondary: Any public or private school licensed by the State which is designed, constructed, or used for the education or instruction of students below the age of twenty (20). Auxiliary uses to these schools are included herein. Educational Facility, Tutoring: Any facility or premises regularly attended by one (1) or more persons for the purpose of instruction. All instruction and activity must be fully contained within a building. Educational Facility, Vocational/Trade: Any public or private secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a vocation or trade and meeting the state requirements as a vocational facility. All instruction and activity must be fully contained within the building. Educational Facility, College/University: A college or university authorized by the State to award degrees. Elevation: The vertical distance from a datum, usually the National Geodetic Vertical Datum (NGVD), to a point or object. If the elevation of point A is eight hundred two and forty-six hundredths (802.46) feet, the point is eight hundred two and forty-six hundredths (802.46) feet, above some datum. Encroachment: An intrusion, obstruction, or other infringement on an area reserved for a specific purpose such as an easement or floodway. Engineer: A person duly authorized and licensed under the provisions of the Texas Engineering Registration Act to practice the profession of engineering. Enhanced Paving: Earth-toned (not gray) decorative pavers, stamped concrete, or dyed concrete. Entry Portico: Covered porch consisting of a series of columns placed at regular intervals supporting a roof, normally attached as a colonnade. Erosion: The process whereby the surface of the earth is broken up and carried away by the action of wind, water, gravity, ice, or a combination thereof. Escort: A person who, for consideration as part of a business enterprise, agrees, offers to, or models lingerie, performs a striptease, or performs nude or semi-nude for another person at a location other than a sexually oriented business. Escort Agency: A person or business enterprise that furnishes, offers to furnish, or advertises to furnish, for consideration, escorts who perform any escort services in the city. An escort agency that advertises or holds itself out in signage visible from the public right-of-way as "X…", "adult", or "sex" shall be considered an adult retail store. Excavation: Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated purposely by man and shall be taken to include the conditions resulting therefrom. Existing Construction: Structures for which the start of construction commenced prior to the effective date of the Flood Insurance Rate Map (FIRM). Existing construction may also be referred to as existing structures. Existing Development: Any development which existed or was permitted prior to the date on which this UDO became effective. Existing Tree: Any self-supporting woody plant, with one (1) or more well-defined trunks, two (2) inch caliper or greater. Extended Care Facility, Convalescent Home, or Nursing Home: A building, or portion thereof, used or designed for the housing of the aged, and/or mentally or physically handicapped persons who are under daily medical, psychological, or therapeutic care. This definition shall not include rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons. Extraterritorial Jurisdiction: Within the terms of the Texas Municipal Annexation Act, the unincorporated area, not a part of any other city, which is contiguous to the city limits, the outer boundaries of which are measured from ORDINANCE NO. 2023-4453 Page 318 of 335 the extremities of the city limits, outward for such distances as may be stipulated in the Texas Municipal Annexation Act, in which area, within the terms of the act, the City may enjoin the violation of its subdivision control provisions. Façade: The exterior face of a building. Façade, Primary: The primary entrance façade of a principal building (not accessory buildings) or any façade of a principal building that faces a public right-of-way, private right-of-way, or public way. Façade Work: The removal, replacement, substitution, or change of any material or architectural element on the exterior face of a building, which includes, but is not limited to, painting, material change, awning or canopy replacement, signage, or other permanent visible façade treatment. Family: A family is any number of persons occupying a single dwelling unit, provided that no such family shall contain more than four (4) persons unless all members are related by blood, adoption, guardianship, or marriage, are an authorized caretaker, or are part of a group home for disabled persons. When counting the number of unrelated persons in a single dwelling unit, a maximum of one (1) group of persons related by blood, adoption, guardianship, marriage, an authorized caretaker, or members of a group home for disabled persons shall be permitted, provided that all other persons shall each count as one (1) unrelated person. Guardianship shall include foster children, exchange students, or those in the process of securing legal custody of a perso n under the age of eighteen (18). Any asserted common law marriage must be subject to an affidavit of record under the Texas Family Code, as amended, or a judicial determination. The term family shall not be construed to mean a club, a lodge, or a fraternity/sorority house. Federal Emergency Management Agency (FEMA): An agency of the Department of Homeland Security which administers the National Flood Insurance Program (NFIP). Feeder Line: Any line, wire, or cable and appurtenances which distributes, transm its, or delivers a utility service from a source to a general area or multiple developments, and not to a specific end user. Field Size: That portion of a driving range property measured from the tee boxes to the end of the driving range area of the site. Filed: The point at which an application has been determined to be complete and all required fees have been paid. Flood or Flooding: A temporary rise in the level of water that results in inundation of areas not ordinarily covered by water from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood Hazard Boundary Map: An official map of a community, issued by the Federal Emergency Management Agency (FEMA), where the areas within the boundaries of special flood hazards have been designated. Flood Insurance Rate Map (FIRM): An official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study (FIS): The official report provided by the Federal Emergency Management Agency (FEMA). The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood H azard Boundary Map. Floodplain or Flood-Prone Area: Any land susceptible to being inundated by water from any source. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding to reduce the extent of the areas within a community subject to special flood hazard and the extent of the depths of associated flooding. Such systems typically include hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. ORDINANCE NO. 2023-4453 Page 319 of 335 Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation by more than one (1) foot. Floodway, Zero-Rise: The channel of a stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without any measurable increase in flood height. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than one- hundredths (.01) feet, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the floodplain. This definition is broader than that of the Federal Emergency Management Agency (FEMA) floodway but always includes the Federal Emergency Management Agency (FEMA) floodway. The boundaries of the one hundred (100) year floodplain are considered the boundaries of the zero-rise floodway unless otherwise delineated by a sensitive area special study. Floodway Fringe: That part of the base floodplain outside the floodway. Floor Area Ratio: A non-residential land use intensity measure analogous to density. It is the sum of the areas of several floors of a building compared to the total area of the site. Fraternity or Sorority: An organization of university students formed chiefly to promote friendship and welfare among the members. Fraternal Lodge: A structure where a group of people meets who are organized for a common interest, usually cultural, religious, or entertainment with regular meetings, rituals, and formal written membership. Garage, Commercial: Any premises or structure with an enclosed work area for servicing and repair of four (4) or more standard-size automobiles or light (standard size) trucks, or for one (1) or more vehicles of larger size, or where any number of vehicles are kept for remuneration, hire or sale, and where motor vehicle fuels and supplies may be sold as a secondary use. Gated Community: A residential area requiring mandatory membership in an owners association and having its primary means of access controlled by an electric or manual gate administered by the owners association. Government Facilities: A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public. Grading: Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled, or any combination thereof. Greenway: A linear open space that follows natural features like the floodplains of creeks and rivers or human- made features such as utility, road, or rail corridors. Greenway - Rural: The least developed greenway, typically located on the periphery of the developed community. This greenway exists mostly in a natural state with the primary functions being flood control, wildlife protection, and aesthetic value. This greenway is defined by the entire width of the floodplain. Greenway - Suburban: These are the greenways located in the developing portions of the community. The primary functions served by this greenway are flood control, recreation, transportation, and economic and aesthetic purposes. Greenway - Urban: The most highly developed greenway located in fully developed areas of the community. The primary functions served by this greenway are flood control, recreation, transportation, and economic and aesthetic purposes. Greenways Program Manager: The Greenways Program Manager of the City of College Station as designated by the Administrator. Groundcover: A spreading plant including sods and grasses less than eighteen (18) inches in height. Group Home: A home serving six (6) or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four (24) hour basis and is approved or licensed by the State for that purpose. A group home shall be considered a single-family home and is defined pursuant to Chapter 123 of the Texas Human Resources Code, as amended. ORDINANCE NO. 2023-4453 Page 320 of 335 Health Care Facility: A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of disease, pain, injury, or deformity of physical conditions. This definition does not include a medical clinic or hospital as defined herein. Health Club/Sports Facility: A building designed and equipped for the conduct of sports, exercise, or other customary and usual recreational activities, operated for profit or not-for-profit which is open only to members and guests of the club or facility. Historic Association: Link of a property that contributes to an HP Historic Preservation Overlay with a historic event, activity, or person. Also, the quality of integrity through which a property is linked to a particular past time and place. Historic Contributing Resource: A building, site, structure, or object in an HP Historic Preservation Overlay that supports the Overlay’s historical significance through historic location, design, setting, materials, workmanship, feeling, or association. Historic Design: Quality of integrity applying to the elements that create the physical form, plan, space, structure, and style of a property in an HP Historic Preservation Overlay. Historic Feeling: Quality of integrity through which a property that contributes to an HP Historic Preservation Overlay evokes the aesthetic or historic sense of past time and place. Historic Integrity: Authenticity of the historic identity of a property that contributes to an HP Historic Preservation Overlay, evidenced by the survival of physical characteristics that existed during the property’s historic or prehistoric period. Historic Location: Quality of integrity retained by a property that contributes to an HP Historic Preservation Overlay historic property existing in the same place as it did during the period of significance. Historic Materials: Quality of integrity applying to the physical elements that were combined or deposited in a particular pattern or configuration to form a property that contributes to an HP Historic Preservation Overlay. Historic Non-Contributing Resource: A building, site, structure, or object in an HP Historic Preservation Overlay that does not support the Overlay’s historical significance through historic, location, design, se tting, materials, workmanship, feeling, or association. Historic Setting: Quality of integrity applying to the physical environment of a property that contributes to an HP Historic Preservation Overlay. Historic Workmanship: Quality of integrity applying to the physical evidence of the crafts of a particular culture, people, or artisan on a property that contributes to an HP Historic Preservation Overlay. Home Occupation: An occupation, profession, activity, or use that is clearly a customary, incidental, a nd secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Home Tour Event: Real estate events such as open houses, as well as the touring of occupied residences for the entertainment of a targeted audience. Hospital: A building, or portion thereof, used or designed for the medical or surgical treatment of the sick, mentally ill, or injured persons, primarily on an inpatient basis, and including as an integral part, related facilities such as laboratories, outpatient facilities, or training facilities. This definition shall not include rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons. Hotel/Motel/Extended Stay Facility: A building, or group of buildings, used or intended to be used as living quarters for transient guests, but not excluding permanent guests, and may include a café, drugstore, clothes pressing shop, barber shop, or other service facilities for the guests for compensation. A transient guest is any visitor or person who owns, rents, or uses a lodging or dwelling unit, or a portion thereof, for less than thirty (30) days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by the visitor. ORDINANCE NO. 2023-4453 Page 321 of 335 Impervious Cover: The percentage of a lot's area that is covered, or proposed to be covered, by impervious surfaces. Impervious Surface: Any portion of a site occupied by materials or construction that limits the absorption of water by covering the natural land surface including, but 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 (50) percent of the proposed decked area for the purpose of impervious cover. Industrial, Light: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Industrial, Heavy: A use engaged in the basic processing and manufacturing of materials or products or part s, predominantly from extracted raw materials, or a use engaged in the storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Industrial, Municipal: A municipal use or structure that serves a public need and is primarily engaged in the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, electricity, information, and telecommunication, including structures associated with private utilities, research and laboratory activities, warehousing and distribution, bulk storage facilities operation, storage and maintenance of service vehicles, cleaning of equipment, solid waste management, municipal recycling, public works yards, container storage, or similar activity. Ordinarily, these areas have low parking turnover and few pedestrians, but a large amount of truck traffic. Irrigation System: A permanent, artificial watering system designed to transport and distribute water to plants. Land Use: A use of land that may result in an earth change, including, but not limited to, subdivision, residential, commercial, industrial, recreational, or other development, private and public highwa y, road and street construction, drainage construction, logging operations, agricultural practices, oil and gas exploration, exploitation, extraction, and mining. Lateral Line: Any line, wire, or cable and appurtenances used to distribute, transmit, or del iver service from a feeder line to two (2) or more sites or end users of the utility service within a specific development. Levee: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to protect from temporary flooding. Levee System: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and oper ated in accordance with sound engineering practice. Live-Work Unit: A mixed-use structure with a ground-level workspace or commercial space and one upper-level dwelling unit occupied by the proprietor. Lot: The physical and undivided tract or parcel of land as shown on a duly recorded plat. Lot, Corner: A lot located at the intersection of and abutting upon two (2) or more streets. Lot, Double Frontage or Through: A lot, other than a corner lot, which has frontage on more than one (1) street. Lot, Flag: A lot that does not meet the minimum lot width requirements where access is derived from a narrow, private driveway. Lot, Interior: A lot other than a corner lot. Lot Area: The horizontal land area within lot lines, excluding any wetlands and/or drainage easements. ORDINANCE NO. 2023-4453 Page 322 of 335 Lot Coverage: A measure of the intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by buildings, parked structures, gravel or paved driveways, roads, and sidewalks. Lot Line Construction: A development where houses on a common street frontage are shifted to one (1) side of their lot to maximize the side yard area on the opposite side of the lot. Planning for all house locations is done at the same time to ensure proper building separations. Lot of Record: A part of a recorded subdivision or a parcel of land that exists as shown or described on a plat or deed in the records of the local registry of deeds. Lot Width: The width of the lot measured between side lot lines along a line that is parallel to the front lot line or its chord located at the front setback line. Lowest Floor: The lowest floor of the lowest enclosed area (including a basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of this UDO. Major Recreational Equipment: For the purpose of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot or in any location not approved for such use. Manufactured Home: A structure constructed after June 15, 1976, in accordance with the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24 Code of Federal Regulations, Section 3282.8(g). Manufactured Home Lot: A parcel of land in a manufactured home park for the placement of a single HUD -code manufactured home and the exclusive use of its occupants. Manufactured Home Park: A parcel of land under single ownership that has been planned and improved for the placement of HUD-code manufactured homes for non-transient use. Massage Establishment: A business enterprise offering massage conducted by persons engaged in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry, or massage therapy for which they are licensed by the State, or persons under the direct supervision and control of such licensed persons. Mean Sea Level: The National Geodetic Vertical Datum (NGVD) of 1929 or another datum to which the base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. Micro-Industrial: A use engaged in basic processing and/or manufacturing of materials or products or parts on a limited scale, predominantly from extracted raw materials, entirely contained within a building and not deemed to be a public nuisance, as determined by the Administrator. Mixed-Use Structure: A structure containing both residential and non-residential uses. Mobile Food Vendor: Any business operating more than twenty-one (21) days per calendar year that sells edible goods from a non-stationary location within the City of College Station. The term shall include, but shall not be limited to, mobile food trucks, carts, or trailers. Mobile Home: A structure that was constructed prior to June 15, 1976, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a p ermanent ORDINANCE NO. 2023-4453 Page 323 of 335 chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems. Motor Vehicle: A self-propelled device that can be used to transport or draw persons or property not exclusively on stationary rails or tracks. Multiplex, Medium: A residential structure that consists of five (5) to twelve (12) dwelling units, either side by side or stacked. Primary entry to the structure is allowed only through a shared primary entrance. The land underneath is a single platted lot or building plot. Condominiums are included in this definition. Multiplex, Small: A residential structure that consists of three (3) to four (4) dwelling units, either side by side or stacked. Primary entry to the structure is allowed only through a shared primary entrance. The land underneath is a single platted lot or building plot. Condominiums are included in this definition. Multi-Family: A structure providing three (3) or more dwelling units on a single lot or building plot. Condominiums are included in this definition. National Flood Insurance Program (NFIP): A federal program enabling property owners to purchase flood insurance. This program is based on an agreement between local communities and the federal government that if a community will implement programs to reduce future flood damages, the federal government will make flood insurance available within the community as a financial protection against flood losses. The United States Congress established the NFIP with the National Flood Insurance Act of 1968 and later modified and broadened the program. The NFIP is administered by the Federal Emergency Management Agency (FEMA). National Geodetic Vertical Datum (NGVD): The nationwide reference surface for elevations throughout the United States made available to local surveyors by the National Geodetic Survey with the establishment of thousands of benchmarks throughout the continent. It was obtained through a least-squares adjustment in 1929 of all first order leveling in the United States and Canada. The adjustment included the twenty-six (26) tide stations and thus referenced the NGVD to mean sea level. Natural: The cover and topography of land prior to any manmade changes, or in areas where there have already been manmade modifications, the state of the area and topography of land at the date of the adoption of this UDO. Neighborhood: A subarea of the city in which the residents share a common identi ty focused around a school, park, community business center, or other feature. For the purposes of a single-family overlay district, a neighborhood must contain at least thirty (30) single-family structures in a compact, contiguous area, or be an original subdivision or phase of a subdivision if the subdivision contains fewer than thirty (30) single-family structures. Boundary lines must be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or another boundary. Neighborhood Character: The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by use types and intensity, traffic generation, and also by the location, size, and design of structures as well as the interrelationship of all these features. New Construction: For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community. Night Club: A commercial establishment including, but not limited to, bars, coffee houses, or similar establishments where a dance floor, music, games, or other entertainment is provided and where the serving of food is not the principal business. Specifically included in this classification are establishments that derive seventy - five (75) percent or more of their gross revenue from the on-site sale of alcoholic beverages. Sexually oriented businesses/enterprises are not included in this definition. Notice of Change: The notification of changes to the stormwater pollution prevention plan (SWP3) that is required by the Texas Pollutant Discharge Elimination System (TDPES) Stormwater Permits. ORDINANCE NO. 2023-4453 Page 324 of 335 Notice of Intent: The advance notification that is required by the Texas Pollutant Discharge Elimination System (TDPES) Stormwater Permits prior to commencement of work. Notice of Termination: The notification that is required by the Texas Pollutant Discharge Elimination System (TDPES) Stormwater Permits upon completion of work. Nude: The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleav age with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state. Nude Modeling Studio: Any place where a person who appears in a state of nudity or displays specific anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. One (1) Ownership: Property which although belonging to one (1) or more owners, has not been partitioned or subdivided to be owned separately by more than one (1) person, whether or not related or participating in a joint enterprise. Outdoor Display: The placement of goods for active sale outside a building. Overlay: A zoning district that encompasses one (1) or more underlying zones and that imposes additional requirements above those required by the underlying zone. Owners Association: An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision – whether a lot, parcel site, unit plot, condominium, or any other interest–is automatically a member as a condition of ownership, and each such member is subject to a charge or assessment for a prorated share of expense of the association, which may become a lien against the lot, parcel, unit, condominium, or other i nterest of the member. Homeowners associations and property owners associations are included in this definition. Pad Site: The portion of a building plot that is located on the periphery of the site and has at least seventy-five (75) feet of frontage on a public street classified as a collector or higher on the Comprehensive Plan Functional Classification & Context Class Map. A pad site contains a standalone single or multiple tenant structure and meets all site plan requirements within the pad site area. T he total area of all pad sites within a defined building plot may not be more than thirty-three (33) percent of the total area of the building plot. Parking, Interior: Parking rows which are not located on the periphery of the proposed project site and fur ther, where none of the parking spaces abut any property line associated with the proposed project site. Parking, Overflow: Parking in excess of the minimum required by this ordinance and in excess of what is utilized regularly by the development. Parking, Peripheral: Parking rows that abut the periphery or property lines associated with the proposed project site. Parking, Side or Rear Yard: Required parking that is provided, in its entirety, behind a setback line of fifty (50) percent of the applicable zoning district's minimum lot depth. Parking Row, Single: One (1) row of spaces for the parking of motor vehicles. Parking Row, Double: Two (2) parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle. Parking Space: A space used for the parking of a motor vehicle not on the paved or regularly traveled portion of a public street or within private access easements and which meets the requirements of this UDO as to size, location, and configuration. Pasturage: Land used primarily for the grazing of animal stock. ORDINANCE NO. 2023-4453 Page 325 of 335 Pavement Width: The portion of the surface of the street available for vehicular traffic. Where curbs are used, it is the portion between the back of the curbs. Person: Every natural person, firm, partnership, joint venture, association, corporation, or other groups which conducts activities regulated hereunder as a single entity, whether same be a legal entity or not, venture, or trust. Personal Service Shop: An establishment that provides services related to grooming, appearance, care, or repair of personal apparel which may sell products used or recommended for those same purposes incidental to the services provided. Place of Worship: A building or structure, or group of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. Planning and Zoning Commission: The duly appointed Planning and Zoning Commission of the City of College Station. Plat: A map of a subdivision intended to be filed for record with the applicable County Cle rk’s Office showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., drawn to scale. This definition includes final plats, replats, amending plats, minor plats, development plats, and vacating plats meeting the requirements of this UDO. Plat, Minor: As defined by Chapter 212 of the Texas Local Government Code, as amended. A subdivision involving four (4) or fewer lots fronting an existing street that does not require the creation of any n ew street or the extension of municipal facilities. Portable Storage: Any unit, including but not limited to a trailer, box, or another enclosed shipping container which is used primarily as storage space whether the unit is located at a facility-owned establishment or operated by the owner at another location designated by the tenant. Porch: A roofed open area that projects from the main wall of a building that may be unenclosed or screened and may or may not use columns or other ground supports for structural purposes. Public, Civic, and Institutional Use, Structure, or Building: A use, structure, or building belonging to or used by the public for the transaction of public or quasi-public business including but not limited to parks, places of worship, hospitals, public or private schools, libraries, museums, post offices, police and fire stations, public utilities, governmental services, and other public services. Public Way: A public way provides circulation and through movement similar to a public street but is a privately maintained drive, constructed to certain street standards, and granted unrestricted access via a public access easement. The drive shall be designed to the geometric design, construction standards, and driveway spacing of a commercial street in accordance with the Bryan/College Station Unified Design Guidelines with the following modifications: (1) The public access easement shall be a minimum of forty (40) feet in width or wider to incorporate the entire width of the pavement section and sidewalks on each side. (2) A public way shall have a minimum pavement structure constructed to the City’s fire lane standards, a minimum drive width of twenty-four (24) feet back-to-back when no parking is provided, and a minimum horizontal curve radius of two hundred (200) feet. (3) No head-in parking is permitted but parallel parking is allowed if the drive is widened an additional ten (10) feet for each row of parallel parking provided. Parking on the drive may count toward the minimum off-street parking requirements of this UDO. (4) Five (5) foot sidewalks shall be provided on each side of the drive and placed a minimum of three (3) feet from the back of the curb. Quoin: Units of stone or brick used to accentuate the corners of a building. ORDINANCE NO. 2023-4453 Page 326 of 335 Recyclable Materials: Those materials specifically listed at a particular site as acceptable. Such materials may include but are not limited to aluminum products, clean glass containers, bimetal containers, newspapers, magazines, periodicals, plastic containers, yard waste, paper and cardboard, phone books, and scrap metal. Recycling: The separation, collection, processing, recovery, and sale of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste, which are intended for reuse, re -manufacture, or re-constitution for the purpose of using the altered form. Recycling Bin: A container used to collect recyclable materials, at which no fee is collected from the person depositing the materials. Recycling Facility, Large: A recycling facility located on an independent site, or larger than five hundred (500) square feet, where limited mechanical processing may or may not occur, depending on the zoning district in which the facility is located. Recycling Facility, Small: A facility that occupies no more than five hundred (500) square feet and provides containers for collection only of source-separated recyclables, with no power-driven processing equipment on site. Small collection facilities are normally located in parking lots of the host use. These may include but are not limited to bulk reverse vending machines, a grouping of reverse vending machines that exceed fifty (50) square feet, kiosk - type structures that may include permanent structures, and unattended recycling bins placed for the donation of recyclable materials. Redevelopment: The revision or replacement of an existing land use or existing site through acquisition or consolidation, or the clearance and rebuilding of an area consistent with the Comprehensive Plan, including any associated plans or studies adopted by the City Council. Regulated Activity: An activity occurring at an industrial facility or construction site which qualifies the facility or site to acquire a permit to discharge stormwater under the Clean Water Act. Rehabilitation: The process of returning a structure to a state of utility, through repair or alteration, which make possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value. Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal stormwater drainage system, the water of the State, the waters of the United States. Remote Emergency Access: A semi-permanent all-weather surface in accordance with the City of College Station Site Design Standards. An access is remote when the two (2) access points are placed a distance apart equal to not less than fifty (50) percent of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between the points. Repair Shop: A shop exclusively for the repair of household goods and home equipment, within a building with no outdoor storage of items or equipment, and where no noise, dust, or vibration is discernible beyond the property line. Research Laboratory: An establishment or facility used for carrying on investigations in the natural, physical, or social sciences which may include engineering and product development. Residential Sales Office/Model Home: A dwelling unit built by a builder or developer to allow potential purchasers to see what the finished product will look like. Restaurant: An establishment that serves food and beverages primarily to persons seated within the building. This includes but is not limited to cafés, tea rooms, and outdoor cafés. Restaurant, Casual Dining: A restaurant with a market segment between Fast Food and Fine Dining restaurants usually characterized by table service, a relatively full y stocked and full-service bar, and a bill per dinner averaging ten dollars ($10.00) to thirty dollars ($30.00) for an evening meal and slightly less for lunch and does not provide drive-thru service. ORDINANCE NO. 2023-4453 Page 327 of 335 Restaurant, Fast Food: An establishment that offers quick food which is accomplished through a limited menu of items already prepared and held for service or prepared quickly. Orders are not generally taken at a customer's table and food is generally served in disposable wrapping or containers. Restaurant, Fine Dining: A restaurant serving formal-style dinners, and services where food and drink are prepared and served. Customer turnover rates are typically one (1) hour or longer. Such establishments serve dinner but generally do not serve breakfast and may or may not serve lunch or brunch. These restaurants usually have a dress code and do not provide drive-thru service. Retail Sales: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail Sales, Alcohol: Establishments, except nightclubs and restaurants as defined, engaged in selling beer, wine, or other alcoholic beverages for where more than seventy-five (75) percent of sales are derived from the sale of such beverages for off-site consumption. Exempt from this definition are temporary retail sales of alcohol associated with special events, or events held on City-owned property. Retention: The storage of stormwater flows in a facility that has a permanent pool of water. Retention Facility: A facility that provides for the storage of stormwater flows in a permanent pool of water or permanent pool in conjunction with a temporary storage component. Reverse Vending Machine: An automated mechanical device that accepts at least one (1) or more types of beverage containers including but not limited to aluminum cans or glass and plastic bottles that issue cash refunds or redeemable credit slips. Sorting and processing occur entirely within the ma chine. Reverse Vending Machine, Bulk: A reverse vending machine that is larger than fifty (50) square feet and is designed to accept more than one (1) container at a time and to pay by weight. For the purpose of these restrictions, bulk reverse vending machines will be considered small collection facilities. Reverse Vending Machine, Single Feed: A reverse vending machine that accepts materials one (1) item at a time. Rooming/Boarding House: A group of rooms provided for persons other than members of the occupant family for compensation either in a converted single-family home or in a structure specifically designed for such purpose where there are no cooking facilities provided in individual living units and where meals may be provided daily. Roof, Cross Gable: Two (2) perpendicular gable roofs. Roof, Flat: A roof with only enough pitch to allow drainage. ORDINANCE NO. 2023-4453 Page 328 of 335 Roof, Gable: A ridged roof having one (1) or two (2) gabled ends (gable: the portion of the end of a building that extends from the eaves to the peak or ridge of the roof). Roof, Gambrel: A roof whose slope on each side is interrupted by an obtuse angle that forms two (2) pitches on each side, the lower slope being steeper than the upper. Roof, Hip: A roof formed by several adjacent inclining planes, each rising from a different wall of a building and forming hips at their adjacent sloping sides. Roof, Mansard: A roof with a double pitch on all four (4) sides, the lower level having the steeper pitch. Roof, Shed: A roof having a single-sloping plane. Salvage Yard: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging material or equipment. Materials include but are not limited to lumber, pipes, metal, paper, rags, tires, bottles, motor vehicle parts, machinery, structural steel, equipment/vehicles, and appliances. Satellite Dish: A broadcast receiver that receives signals directly from a satellite rather than another broadcast system and amplifies the signal at a focal point in front of the receiving component. ORDINANCE NO. 2023-4453 Page 329 of 335 Sediment: Soils or other surficial materials transported or deposited by the action of wind, ice, or gravity a s a product of erosion. Service Line: Any line, wire, or cable and appurtenances used to distribute, transmit, or deliver a utility service from a source of supply, feeder line, or lateral line directly to an end user. Service Provider: Any company, corporation, alliance, individual, or other legal entity that provides a wireless telecommunication service directly to the public for a fee or to such classes of users as to be effectively available directly to the public regardless of the facilities used; services include, but are not limited to, portable phones, car phones, pagers, digital data transmission, or radio or television communications. Setback Line: A line that marks the minimum distance a structure must be located from the property line, and establishes the minimum required front, side, or rear yard space of a lot or building plot. Sexually Oriented Books and Videos: Books, magazines, pamphlets, pictures, drawings, photographs, video tapes, digital video disks, motion picture films, or sound recordings, or printed, visual or audio material of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities. Sexually Oriented Business: Any business whether in public, semi-public, or private premises which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activi ty. Except as provided herein, this definition is not intended to regulate: (1) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held. (2) Any business operated by or employing licensed physicians, licensed practical nurses, or licensed chiropractors engaged in practicing the healing arts. (3) Any bookstore, movie theater, or video store, unless that business includes sexually oriented materials. Sexually oriented businesses include, but are not limited to, adult retail stores, limited adult retail stores, adult arcades, adult cabarets, adult movie theaters, adult theaters, adult motels, body r ub parlors, nude modeling studios, sexual encounter centers, and escort agencies. Sexually Oriented Materials: All sexually oriented toys and novelties and sexually oriented books and videos. Sexually Oriented Toys and Novelties: Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs, except medical devices approved by the Food and Drug Administration (FDA). Shared Housing: A residential dwelling unit providing complete, independent living facilities designed to exceed occupancy levels of more than one (1) family. 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 (4) bedrooms or able to house more than four (4) 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, as adopted; (2) A residential dwelling unit containing a similar bedroom-to-bathroom parity in excess of four (4); (3) A residential dwelling unit containing a high quantity of bathrooms, usually in excess of four (4), 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 (1) story for the purpose of limiting the building footprint on the lot to meet impervious cover requirements; ORDINANCE NO. 2023-4453 Page 330 of 335 (5) The property where the residential dwelling unit is located does not contain a garage, or if it contains a garage, can 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 (4) vehicles. Shared Primary Entrance: A common front/primary entry to the interior of a structure through which all occupants enter. Separate dwelling units in the structure take access off a shared internal corridor. Shopping Center: A building plot developed or ultimately to be developed with two (2) or more stores, shops, or commercial enterprises which has shared parking facilities or access. Shooting Range: A facility to be utilized for discharging firearms for purpose of testing the firearm or ammunition, developing or enhancing shooter skills for recreation or other need, which is organized and equipped for the safety of persons utilizing the facility and the general public. Shrub: A woody perennial plant differing from a perennial herb by its woodier stem and from a tree by its low stature and habit of branching from the base. Sign: Any written or graphic representation, decoration, form, emblem, trademark, flag, banner, or other feature or device of a similar character that is used for the communication of commercial informatio n, or communication of ideas or subjects of political significance. Sign, Apartment/Condominium/Manufactured Home Park Identification: An attached sign or a freestanding monument sign with permanent foundation or moorings, designed for identification of a multi -family residential project or a manufactured home park project, and where adequate provision is made for permanent maintenance. Sign, Area Identification: A freestanding monument or wall sign with permanent foundation or moorings, designed for identification of subdivisions of ten (10) to fifty (50) acres, or identification of a distinct area within a subdivision, and where adequate provision is made for maintenance. Sign, Attached: A sign attached to, or applied on, and totally supported by a part of a building or mounted to site lighting poles located on private property. Sign, Campus/Wayfinding: A sign utilized as a traffic control device in off-street or access areas whose primary purpose is to direct traffic within a PDD Planned Development District or unified development that may include the names of tenants or businesses but does not contain any commercial logo or graphics. Sign, Commercial: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing. Sign, Development: A sign announcing a proposed subdivision or a proposed building project. Sign, Directional Traffic Control: A sign utilized as a traffic control device in off-street parking or access areas whose primary purpose is not for advertisement. Sign, Freestanding Commercial: A sign supported by one (1) or more columns, poles, or bars extended from the ground or an object on the ground, or that is erected on the ground. This term includes all signs which are not substantially supported by a building or part thereof, or which are substantially supported by a building or part thereof, when the sole significant purpose of the building or part thereof, is to support or constitute the sign. Sign, Fuel Price: A sign used to advertise the current price of fuel at locations where fuel is sold. Sign, Hanging: A sign suspended from the underside of a canopy or awning and located in front of building entrances, perpendicular to the façade. Sign, Home Occupation: A sign used to identify the name and occupation of a person with a legal home occupation. Sign, Low Profile: A sign with a permanent foundation that is not attached to a building but is a stand-alone sign which does not exceed sixty (60) square feet in area and four (4) feet in height. ORDINANCE NO. 2023-4453 Page 331 of 335 Sign, Non-Commercial: A work of art or message which is political, religious, or pertaining to a point of view, expression, opinion, or idea that contains no reference to the endorsement, advertising of, or promotion of patronage, of a business, commodity, service, entertainment, or attraction that is sold, offered, or existing. Sign, Off-Premise Commercial: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the premises where such sign is displayed. Sign, On-Premise Commercial: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing upon the premises where such sign is displayed. Sign, Political: Any sign which promotes a candidate for any public office, or which advocates a position on any social issue as its primary purpose. Political signs shall be considered in the category of non-commercial signs except where there are regulations pertaining to their removal after an election. Sign, Portable: A sign which is not affixed or attached to real property by poles, stakes, or other members which are placed into the ground, or upon some other type of permanent foundation; trailer signs, any sign with wheels or skids, and any sign which is constructed to sit upon the surface of the ground, without subsurface attachment or extension. Sign, Projection: An attached sign end-mounted or otherwise attached to an exterior wall of a building and extends in whole or part more than twelve (12) inches beyond the face of the building. Sign, Real Estate, Finance, and Construction: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising the same for sale or lease, or for advertising the furnishing of interim or permanent financing for a project, or for the furnishing of labor, materials or the practice of craft s on the job site. Sign, Roof: An outdoor advertising display sign erected, constructed, or maintained on the roof of a building or which is wholly dependent upon a building for support, and which projects above the point of a building with a flat roof, six (6) feet above the eave line of a building with a shed, gambrel, gable or hip roof, or the deck line of a building with a mansard roof. Sign, Special District Identification: An official, permanent, on-premise sign authorized by the City of College Station, which is used to identify a pedestrian or vehicular entrance to a design district or Overlay, as set forth in the Design Districts and Overlay Districts Sections of Article 5, District Purpose Statements and Supplemental Standards of this UDO. The sign shall be used to display only the name, logo, or identifying information about the district, and no other commercial information. Sign, Subdivision Identification: A freestanding monument or wall sign with permanent concrete foundation or moorings, designed for permanent identification of a subdivision of greater than fifty (50) acres, and where adequate provision is made for permanent maintenance. Single-Family: A structure providing one (1) dwelling unit on a single lot or building plot. Single-Unit Dwelling: A detached structure, located within a larger development on a common lot, providing one (1) dwelling unit. Site Development: Any excavation, landfill, or land disturbance, including new construction, reconstruction, relocation, or change of use. For the purposes of the Northgate districts only, site development includes the installation of walls, accessory structures, and other similar additions. Site Plan: A site development plan showing the use of the land including locations of buildings, drives, sidewalks, parking areas, drainage facilities, and other structures to be constructed, and any other details required by the City in the Site Plans Section of Article 3, Development Review Procedures of this UDO. Sitwall: A combination of seating with perimeter protection and/or screening in a subtle, attractive, and functional way. Specified Anatomical Area: Any showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the depiction of covered male genitals in a discernibly turgid state. ORDINANCE NO. 2023-4453 Page 332 of 335 Specified Sexual Activities: Actual or simulated acts of masturbation, sexual intercourse, oral or anal copulation or sadomasochism; fondling or other erotic touching of or physical contact with one's own or another's genitals, pubic area, buttocks, or female breasts, whether clothed or unclothed; human male or female genitals when in a state of sexual stimulation or arousal; or excretory functions or acts with animals as part of or in conjunction with any of the activities set forth herein. Activities that are commonly referred to by the slang terms lap dance, straddle dance, face dance, or table dance shall be included in this definition. For purposes of this definition, sadomasochism means the infliction of pain, flagellation, or torture, or the condition of being bound, fettered, or otherwise physically restrained. Split-Lot Duplex: Two (2) attached dwelling units where each dwelling unit is located on a separately platted lot. Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a HUD -code manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as a dwelling unit and not part of the main structure. State: The State of Texas. Stealth Antenna: A telecommunication antenna located on an alternative mounting structure that is effectively camouflaged or concealed from view and blends into the surrounding environment. Examples include architecturally screened roof-mounted antennas, building-mounted antennas painted and/or textured to match the existing structure, and antennas integrated into architectural elements. Stealth Technology or Facility: Design technology that blends the wireless telecommunications facility into the surrounding environment; examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted and/or textured to match the existing structure, antennas integrated into architectural elements such as church spires or window wall, and antenna st ructures designed to resemble light poles or flag poles. Stealth Tower: A manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, that is camouflaged to be unrecognizable as a telecommunications facility, designed to support or conceal the presence of telecommunication antennas and blends into the surrounding environment. Storage Garage: Any premises and structure used exclusively for the storage of more than five (5) automob iles. Storage, Outdoor: The keeping of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours in an unenclosed area. Storage, Self-Service: A structure containing separate, individual, and private storage spaces of varying sizes. Storage Tank: A container for the storing of chemicals, petroleum products, grains, and other materials for subsequent resale to distributors or retail dealers or outlets. Stormwater Management: All ordinances, standards, plans, and studies to ensure the timely and effective construction of: (1) A system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and (2) A system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. ORDINANCE NO. 2023-4453 Page 333 of 335 Stormwater Pollution Prevention Plan (SWP3): A plan required by a Texas Pollutant Discharge Elimination System (TDPES) permit to discharge stormwater associated with industrial activity or construction activity and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges from industrial facilities and construction sites. Street: A way for vehicular traffic to move, whether designated as a highway, arterial street, collector street, or local street. Street, Minor Arterial: A street that collects traffic from the collector system and connects with the major arterial system. Street, Major Arterial: A street that collects traffic from the collector and minor arterial system and connects with the freeway system. Street, Collector: A street that collects traffic from local streets and connects with minor and major arterials. This includes minor and major collectors. Street, Local: A street that provides vehicular access to abutting property. Stringcourse: A narrow, continuous ornamental band set in the face of a building as a design element; also known as a cordon. Stripping: Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations. Structure: Anything constructed, built, or erected. Structure, Principal: The principal structure which fulfills the purpose for which the building plot is intended. Subdivider: Any person(s), firm, or corporation subdividing a tract or parcel of land to be sol d or otherwise handled for their gain or use. Subdivision: The division of a lot, tract, or parcel of land into two (2) or more parts, lots, or sites, for the purpose, whether immediate or future, of sale, division of ownership, or building development. Th is also includes the resubdivision of land or lots that are part of a previously recorded subdivision. Divisions of land for agricultural purposes, where no building construction is involved, in parcels of five (5) acres or more, shall not be included within this definition unless such subdivision of five (5) acres or more includes the planning or development of a new street or access easement. An addition is a subdivision as defined herein. Subdivision Marker: A subdivision logo of no more than one (1) square foot in area, that is attached to an architectural element such as a column, fence post, wall, mail kiosk, bus stop, or similar community structure, and whose purpose is to provide continuity and identity throughout the subdivision. Subdivision, Rural Residential: A subdivision that is predominately single-family lots and where one (1) acre is the minimum lot size of the base zoning district. Included are developments where lots are clustered to smaller than one (1) acre as permitted by the Lots Subsection of the General Requirements and Minimum Standards of Design for Subdivisions within the City Limits Section of Article 8, Subdivision Design and Improvements of this UDO. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either: (1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or another structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any projects for the improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions, or ORDINANCE NO. 2023-4453 Page 334 of 335 (2) Any alterations of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Surveyor: A person duly authorized and licensed under the Texas Professional Land Surveying Practices Act to practice the profession of land surveying, either as a Registered Professional Land Surveyor or a Licensed State Land Surveyor. Taxicab Service: Any business associated with the storage or dispatch of vehicles for the transportation of passengers for hire. Taxicab, Commercial Vehicle: Any motorized passenger vehicle permitted or should be permitted pursuant to the provisions of Chapter 8, Businesses of the City of College Station Code of Ordinances. Texas Pollutant Discharge Elimination System (TDPES): The regulatory program delegated to the State of Texas by the Environmental Protection Agency (EPA) pursuant to 33 USC § 1342(b). Texas Pollutant Discharge Elimination System (TDPES) Permit: A permit issued by the Texas Commission on Environmental Quality (TCEQ) under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on an individual, group, or general area-wide basis. Theater: A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances. Townhouse: One (1) of a group of no less than three (3), no more than twelve (12), attached dwelling uni ts, with each dwelling unit located on a separate lot and thereby distinguished from condominium units. Transom: Horizontal opening or window element framed across a window or door forming part of the frame. Tree, Canopy: An overstory tree that exhibits a layer or multiple layers of branches and foliage at its top or crown and extends a distance outward from its trunk or trunks. This tree's overall appearance is dominated by its tall stature (often over eighty (80) feet), its broad canopy, and the shade that it produces. Tree, Non-Canopy: A tree that may reach canopy tree height but does not have the same dominance of canopy as the canopy tree or an understory tree that does not reach canopy tree height but does exhibit a similar dominance of canopy size and structure. Transmission Tower: A wireless telecommunications support structure designed primarily for the support and attachment of a wireless telecommunications facility. Transmission Tower, Monopole: A self-supporting structure composed of a single spire used to support telecommunications antenna and/or related equipment. Transmission Tower, Lattice: A self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications antenna and/or related equipment. Transmission Tower, Guyed: An open, steel frame structure that requires wires and anchor bolts for support. Truck Stop: Any building, premises, or land in which or upon which a business, service, or industry involv ing the maintenance, servicing, storage, or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews. For the purposes of this definition, a use is classified as a truck stop when more than ten (10) fuel pumps are used. Two-Unit Dwelling: A detached structure, located within a larger development on a common lot, providing two (2) dwelling units. Use: The actual use(s) of a parcel of ground, whether conducted within or without structures, buildings, or improvements. An unoccupied and unused structure is not a use, irrespective of its design, purpose, or utility. ORDINANCE NO. 2023-4453 Page 335 of 335 Utility Facility: Infrastructure services and structures necessary to deliver basic utilities essential to public health, safety, and welfare. This includes all lines and facilities provided by a public or private agency and related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telephone cable, electricity, and other services provided by the utility. This does not include wireless telecommunication facilities. Vehicle Repair and Service Shop: Any premises or structures when used for the servicing and/or repair of motor vehicles, including paint and body work, engine rebuil ding, and minor maintenance activities, irrespective of commercial gain derived therefrom. Excepted from this definition are residential premises where not more than two (2) motor vehicles belonging to the lawful residents thereof are involved in such activities at any one (1) time, and not in operating condition, or where not more than one (1) motor vehicle, whether or not in operating condition, and not belonging to the lawful residents thereof are involved in such activities for more than one (1) week, and only one (1) motor vehicle may be serviced and/or repaired each month. Vehicle Sales and Rental: Any premises or structures used for the sale and or rental of motor vehicles. Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this UDO is presumed to be in violation until that documentatio n is provided. Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or another datum if specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Watercourse: Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto, which is subject to inundation because of the overflow of flood water. Wireless Telecommunication Facility: An unstaffed facility operating for the transmission and reception of low- power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas, and related equipment. Wholesale Sales: Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Yard: Open spaces on the lot or building plot on which a building is situated that are open and unobstructed to the sky by any structure except as herein provided. Yard, Exterior Side: A yard that faces and is parallel to a side street. Yard, Front: A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified for the district in which the lot is located. Yard, Rear: A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located. Yard, Side: A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width measured from the side property line as specified for the district in which the building plot is located. Zoning: A method of land use control requiring the categorization of land use of every tract of land within the city in accordance with this UDO and consistent with the Comprehensive Plan Future Land Use & Character Map which is intended to preserve the quality of life and orderly development of the city.