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2023-4468 - Ordinance - 09/14/2023ORDINANCE NO. 2023-4468 AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 1.10 “TRANSITIONAL PROVISIONS,” ARTICLE 4.1 “ESTABLISHMENT OF DISTRICTS,” ARTICLE 5.10 “OVERLAY DISTRICTS,” AND ARTICLE 6.3 “TYPES OF USE” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, FOR THE CREATION OF THE HOO HIGH OCCUPANCY OVERLAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A “Unified Development Ordinance,” Article 1.10 “Transitional Provisions,” Article 4.1 “Establishment of Districts,” Article 5.10 “Overlay Districts,” and Article 6.3 “Types of Use” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A,” Exhibit “B,” Exhibit “C,” and Exhibit “D,” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED, and APPROVED this 14th day of September, 2023. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Exhibit A That Appendix A “Unified Development Ordinance,” Article 1.10.B “Zoning Districts,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending Subsection 5, and is to read as follows: 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 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 HOO High Occupancy Overlay September 24, 2023 Exhibit B That Appendix A “Unified Development Ordinance,” Article 4.1 “Establishment of Districts,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 4.1. Establishment of Districts. 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 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 HOO High Occupancy Overlay Single-Family Overlay Districts ROO Restricted Occupancy Overlay NCO Neighborhood Conservation Overlay Exhibit C That Appendix A “Unified Development Ordinance,” Article 5.10 “Overlay Districts,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding Subsection D, and is to read as follows: D. HOO High Occupancy Overlay. 1. Purpose. The purpose of this district is to accommodate increased residential occupancy through the permitting of shared housing as a use. The HOO High Occupancy Overlay aims to promote efficient land use and provide additional housing opportunities by allowing higher-occupancy residential structures within specific areas of College Station where additional residential density is appropriate. 2. Applicability. The HOO High Occupancy Overlay may be applied where the base zoning district(s) of the area is MH Middle Housing, a multi-family zoning district, or a mixed-use zoning district. An area under this overlay shall consist of a property or contiguous properties that are of sufficient size that generally follow visible geographic features of an area. It is not the intent for this overlay to be applied to small areas or individual lots. 3. Standards. In addition to the permitted uses of the base zoning district, shared housing is a permitted use. Exhibit D That Appendix A “Unified Development Ordinance,” Article 6.3 “Types of Use” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 6.3. Types of Use. A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P), permitted uses subject to specific use standards (P*), or conditiona l 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 the 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. 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 ** HOO ** 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 Statements 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 (d ) P (d ) P (d ) P (d ) P (d ) 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 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/Conventio n 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 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 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. (d) Permitted only when there is also a HOO High Occupancy Overlay.