HomeMy WebLinkAbout2006-2879 - Ordinance - 03/09/2006 ORDINANCE NO. 2879
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING CERTAIN SECTIONS AS SET OUT BELOW; 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 Chapter 12, "Unified Development Ordinance," 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: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter 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) nor
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 34 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 9th day of March, 2006.
APPROVED:
A/2Z et-.
RON S VIA, Mayor
A
TEST:
/141 td4 -
-onnie Hooks, City Secretary
APPROVED:
agDeed.la
City Attorney
0/groupfiegal/ordinance/amendmentform doc
ORDINANCE NO. 2879 Page 2
EXHIBIT "A"
That Chapter 12, "Unified Development Ordinance," of the Code of Ordinances of the City of
College Station, Texas, is hereby amended by amending Articles 2, 3, 4, 5, 6, 7 and 11 in their
entirety to read as set out in Appendices I through VII attached hereto.
cou:Iminutes 2006Imarch 20061onlinance no.2879.doc
3/13/06
Ordinance No. 2879 Page 3
APPENDIX I
Article 2. Development Review Bodies
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
The City Council shall have the responsibility of appointing and removing any member of the
Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), and Design
Review Board (DRB).
2. Final Action
The City Council shall hear and take final action on the following:
Development agreements and oversize participation agreements for City participation in cost-
sharing of infrastructure improvements;
Conditional use permits;
Zoning map amendments (rezoning);
Text amendments;
Comprehensive Plan amendments;
Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; and
Annexations.
2.2 Planning and Zoning Commission
A. Creation
The City Council shall provide for the api Lme t 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 members. An ad hoc
member shall be appointed to review impact fee land use assumptions in accordance with §
395 of the TEXAS LOCAL GOVERNMENT CODE. Members shall be residents of the City and eligible
voters.
2. Terms
Terms of members of the Planning and Zoning Commission shall be for two years or until their
successors are appointed. Four members shall be appointed in even-numbered years and three
members shall be appointed in odd-numbered years.
3. Term Limits
Terms of office shall be limited to three (3) consecutive two-year terms or seven (7)
consecutive years.
Ordinance No. 2879 Page 4
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
1. Officers
A Chairperson shall be appointed annually by the City Council. The Planning and Zoning
Commission shall select a Vice-Chair 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 office of the Administrator 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:
Conditional use permits;
Zoning map amendments (rezoning);
Text amendments;
Comprehensive Plan amendments;
Impact fee land use decisions;
Capital Improvement Plan (CIP) priorities; and
Annexations.
3. Final Action
The Planning and Zoning Commission shall hear and take final action on the following:
Ordinance No. 2879 Page 5
Applicable appeals of decisions of the Design Review Board;
Master plans;
Preliminary and final plats, replats, development plats, and minor plats not approved by staff
under Section 3.3.H Minor Subdivision Plat Review herein;
Waivers of the standards in Article 8, Subdivision Design and Improvements;
Appeal of the Administrator's denial of a final minor or amending plat;
Appeal of the Administrator's denial of an alternative parking plan; and
Appeal of the Administrator's interpretation of the provisions of CHAPTER 9,SUBDIVISION
REGULATIONS,OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES.
E. Staff
1. The Administrator shall provide staff, as needed, to the Planning and Zoning Commission.
2. Where ministerial acts have not been completed, the staff shall insure that the changes to plats
are completed as approved by the Planning and Zoning Commission.
2.3 Zoning Board of Adjustment
A. Creation
The City Council shall provide for the appointment of a Zoning Board of Adjustment (ZBA) 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 members who are residents of the City
and eligible voters. Appointment of members shall be made by the City Council. The City
Council may provide for the appointment of four alternate members of the Board of
Adjustment who shall serve in the absence of one 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 years,
except that two members appointed initially shall have terms of only one year. After the initial
appointments, two members shall be appointed in odd-numbered years to maintain a
membership of five 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 ZBA shall select a Vice-
Chair from among its members as needed.
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 his absence the acting
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. 2879 Page 6
3. Quorum
All cases heard by the Zoning Board of Adushnan1 will always be heard by a minimum number
of four members. Four members shall constitute a quorum for transaction of business and no
variance or appeal shall be granted without a concurring vote of four members.
4. Rules of Proceeding
The Zoning Board of Adjustment shall adopt its own rules of procedure.
5. Minutes
The Zoning Board of Adustment shall keep minutes of its proceedings, indicating the vote of
each member on each question or the fact that a member is absent or falls to vote, and shall
keep records of its examinations and n*hermff|c|a| actions. The minutes and records shall be
filed in the office of the Administrator and shall be a public record.
D. Powers and Duties
The Zoning Board of AdusLment 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 ET]), maximum
height, or lot size or dimension requirements of this UDO. Also, to hear and decide drainage
variances (excluding landscaping provisions) 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 Section 3.5.E, Site Plan Review
Criteria. Such requests will be heard and decided by the Design Review Board.
Also excluded are roadway and infrastructure construction criteria and other subdivision
regulations contained with Article 8, Subdivision Design and Improvements. 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 error in any order, requirement,
decision, interpretation, or determination made by the Administrator or his 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.
E. Staff
The Administrator shall provide staff, as needed, to the Zoning Board of Adjustment.
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 this 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 regular members and two alternate members.
Six of the regular members and the two alternate members shall be appointed by the City
Council. City Council shall appoint the following to the Design Review Board:
Ordinance No. 7879 Page 7
Registered architec
Business person
Landscape architec
Developer or land owner in a design district
Person knowledgeable in aesthetic judgment
Citizen-at-large
Of the members listed above, at least two shall be owners of property or a business within
a design district, a resident within a design district, or an individual employed within a
design district.
The seventh regular member shall be the Chairman of the Planning and Zoning
Commission or his designee.
2. Members shall be appointed for two-year terms.
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 Board shall select a Vice-
Chair from among its members as needed.
ice'Chairfnomamongitsmemberaaoneoded.
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
Four 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.
S. 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 office of the Administrator and shall be a public record.
D. Powers and Duties
The Design Review Board has the following powers and duties:
1. Site and Concept Plans
The Design Review Board shall hear and take final action on design district site plans and
concept plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-
MUD).
2. Design District and Overlay District Review
The Design Review Board shall approve deny any sign materials and colors in any
designated design diubi4, and shall approve or deny all alternate building or fence materials
and fence height in the Krenek Overlay District, as specified within this UDO.
3. Northgate and Wolf Pen Creek Parking Waivers
The Design Review Board shall hear and decide requests to vary from the amount of required
parking intheWo|fPenCveek (VVPC) and Northgate (NG) districts.
Ordinance No. 2879 Page 8
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 Section 3.5.E, Site Plan Review Criteria.
6. Buffer Appeals
The Design Review Board shall hear appeals of buffer requirements listed in Section 7.6, Buffer
Requirements.
7. Non-Residential Architectural Standards Appeals
The Design Review Board shall hear and decide alternate building materials, colors, required
screening, architectural relief elements, and parking lot concepts for non-residential structures,
as specified in Section 7.10, Non-Residential Architectural Standards.
E. Staff
The Administrator shall provide staff, as needed, to the Design Review Board.
2.5 Administrator
A. Designation
The City Manager shall designate the Administrator for the City of College Station. 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 and the provisions
Of CHAPTER 9 OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES(SUBDIVISION REGULATIONS). The
Administrator shall make written interpretations of this UDO and SUBDIVISION REGULATIONS,
when requested, setting forth the reasons and explanation therefore.
3. Building Permits
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
issuance of a Building Permit by the Building Official.
4. Final Action
The Administrator shall review and take final action on the following:
Sign permits;
Site plans (not Design District site plans);
Administrative adjustments;
Minor and amending plats;
Determination of building plot (Section 7.1, General Provisions);
Minor design district projects;
Alternative parking plans (Section 7.2, Off-Street Parking).
5. Other Duties
The Administrator shall perform other duties imposed under the provisions of the COLLEGE
STATION CITY CODE OF ORDINANCES, as amended from time-to-time.
Ordinance No. 2879 Page 9
2.6 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
I he building Official shall have We power to conduct Inspections of buildings and premises to
carry out his duties herein and to determine compliance with the provisions of this UDO.
2. Building Permits
The Building Official shall issue Building Permits,
3. Certificate of Occupancy
The Building Official shall issue Certificates of Occupancy.
4. Certificates of Completion
The Building Official shall Issue Certificates of Completion.
2.7 Development Engineer
A. Designation
The City Engineer shall designate the Development Engineer for the City of College Station.
B. Responsibility
The Development Engineer, or his 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 in regard to 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 pertaining to 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 are carried out in accordance with the permitted plan;
5. Maintain, update, and provideUo interested parties at a reasonable costhe effective City
Drainage Policy and Design Standards/Engineering Standards Manual;
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 floodway, and water surface elevations, when disputes arise during review;
8. Provide information to the Zoning Board of Adustmont, Municipal Court, or City Council, as
Ordinance No. 2879 Page 10
applicable on all variance requests, administrative appeals, enforcement actions, and proposed
amendments to the Drainage Policy and Design Standards as required;
9. Review and utilize any acceptable new flood study data in accordance with the Drainage Policy
and Design Standards;
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 Section 7.8, Drainage and Stormwater Management, as
required, as they apply to each project, in accordance with the stated purpose of that Section;
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; and
14. Review and approve or deny alternative materials or standards for site construction.
Ordinance No. 2879 Page 11
2.8 Summary of Review Authority
The followin. table summarizes the authorit of the various review bodies and staff.
PROCEDURE City P &Z Zoning Design Admini- Buidling Dev.
Council Comm. �Bd of Adj. Rev. Bd. strator Official Eng.
OVIMPOIlklaillittlial..��, 3:1' 'r_ x,§xr..-... +� x ,,� _�.? , .R n, a�?�°�"�s. ta;�x.¢tea arr
Oversize Participation D R
Development Agreement D RR R
Conditional Use permit D R RR
Zoning Map Amendment D R RR
Text Amendment D R RR
Comp. Plan Amendment U R RR
Impact Fee/CIP Priorities D R
W� 'N" � �G;�( O`er I[�h ' OIXIMI�'6I{)[�a Set���� ,�.�s ��': '`� ���' ��'a� t r3� �,� � i�, 'Ai:. ?+�� �_���� Y,�
a&x€. a 4�z A.�n `Y 3sa Inat,�-'�"=Asr,3r;7ss-ce��;ts, tf3'R,z ..-_}7�., i'�r�. �`,t s,..2... n �r4� ��d r`� .�t4r. .sash . . .. # �'`
Master Plans D RR R
Preliminary Plat D RR R
Final Plat D RR R
Development Plat D RR R
Waiver of Subdivision Standard D RR R
Alternative Arch. Material D R
d illi �'® RIS M i TM I T s, 5 t { , ��t. i.114:1,41•1 ,.
��,�rn'dt, 55�3.�� 3z�a Vie.�e x,t'a�..,���,���,c�+ ,�<. t_ �.`�S ., z n�'mar. �• .,
Variance D RR RR RR
Administrative Appeal D R
Zoning Map Interpretation D R
sem,sSur r,.. V 8 z a £
Design District Site Plan A D R
PDD/P-MUD Concept Plan A D R
Design District Building/Sign Review A D R
NG &WPC Parking Waivers A D R
Non-Residential Architectural Standards Waiver D RR
aAiOn811J , rb?t OM IONti t . '44
_ =,;
Interpretation A** A D
Sign Permit A D
Site Plan A A* D
Administrative Adjustment A D
Design District Building. Or Sign, Minor A D
Minor or Amending Plat A D R
PD Concept Plan Minor Amend. A D
Alternative Parking Plans A D R
giltsGS F 4:0 g o '414 , s
� . . sT. �d t .
Building Permit D
Certificate of Occupancy R D
Certificate ofrCompletionCCy R D R
;V s 4-.z t #- G j t- ' i t i s s ttt F 'ds! ,� c g... 1 f ,,
.+',,.�5 ;>..4X +- �.a....✓, .:(3P.'wa?`���'s.,aS.� ` f. .__. .� ;.�`S"F� �.SS„ ,'r.+',:` 3"° tt '.,�.s 'ez�, .'..
Development Permit D
Driveway Application A D
Alternative Const. Material A D
*Section 3.5.E Site Plan Review Criteria and 3.6.E Wolf Pen Creek Design Distridt General Site Plan Review Criteria
only.
**Subdivision Regulations only.
KEY: D=Final Action/Decision A=Appeal R=Recommend RR=Review/Report"
Ordinance No. 2879 Page 12
APPENDIX II
Article 3. Development Review Procedures
3.1 General Approval Procedures
A. Conformity with Unified Development Ordinance (UDO) and the Comprehensive Plan
The provisions of this UDO and the Comprehensive Plan shall apply to and be binding on any and all
persons, firms, or corporations who singly or jointly seek to develop, redevelop, or otherwise change
existing land within the corporate limits of the City of College Station and, where applicable, Its
extraterritorial jurisdiction (ET)). Compliance with the UDO and the Comprehensive Plan includes the
dedication and construction of identified infrastructure, right-of-way or improvement of specified
facilities including but not limited to sidewalks, bikeways, thoroughfares, etc.
B. Preapplication Conference
Prior to the submission of an application required by this UDO, a preapplication conference with the
Development Staff may be required. Preapplication Conferences with Development Staff are to
discuss, in general, procedures, standards, or regulations relating to development. The
Preapplication Conference is not considered a"permit"and does not vest a proposal.
1. Mandatory Conference
A mandatory Preapplication Conference with the Development Staff shall be required for:
a. Development permits with areas of special flood hazard;
b. Design district site plans;
c. Development plats;
d. Master Plans;
e. Conditional use permits;
f. Zoning map amendments (rezonings); and
g. Concept plans (PDD and P-MUD zoned properties).
Upon consideration of the proposal, the Administrator may waive the requirement for a
mandatory Preapplication Conference.
2. Optional Conference
A Preapplication Conference is optional for all other applications. Applicants are encouraged to
schedule and attend an optional Preapplication Conference with the Development Staff prior to
submitting any application.
3. Submittal Requirements
The Administrator may require the applicant to submit information prior to the Preapplication
Conference to allow staff time to review the proposal.
C. Application Forms and Fees
The following regulations shall apply to all applications:
1. Forms
Applications required under this UDO shall be submitted on forms, 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
a. 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.
b. All required fees shall be made payable to "The City of College Station."
Ordinance No, 2879 Page 13
c. An applicant who has paid the appropriate fee pursuant to submission of an application,
but who chooses to withdraw such application prior to any notification, review, or action
taken, shall be entitled to a refund of 50 percent of the total amount paid upon written
request to the City. The filing fee required for text or map amendments shall not be
refundable.
d. TheAdministrator case-by-case
basis. The hd�w!ngc���a shall be used by theAdmin���or� such
requrequests: -- - --
1) The applicant is not financially able to pay the fees.
2) The Citis requesting a change to the approved plat.
D. Application Deadline
All a | | tod and submitted to the Administrator in accordancewithanchedu|e
established the CityAn application shall not be consideredoffidaU submitted until it
has been determined to he complete in accordance with the following paragraph.
E. Application Completeness
An application shallb id d submitted only after the Administrator has determined it is
complete, if it is provided in the required form, includes all mandatory information (including all
exhibits), and is accompanied by the applicable fee. A determination of application completeness
shall be made by the official responsible for accepting the application within five working days of
turning the official responsible for
accepting the application shall provide written notice to the applicant along with an explanation of
the application's deficiencies. No further processing of the application shall occur until the
deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the
application shall be null and void and the application fee forfeited.
F. Required Public Notice
1. Summary of Notice Required
Notice shall be required for development review as shown In the following table.
Application Type Published Mailed Agenda Posted
Comprehensive Plan Amendment X X
Zoning Map Amend. (Rezoning) X X X
UDO Text Amendment X X
Conditional Use Permit K X X
Subdivision - Replats* X* X* X
Design District- Site Plan/Bldg. X
Variances - ZBA X X X
Appeals - Site Plan &Driveway X
Waiver- Subdivision Design X
Waiver- Buffer Requirements X
Administrative Appeals X X
* Only when required per the Local Government Code.
2. Specific Notice Requirements
a. Published Notice
AP Public Hearing
newspaper of the City not less than 15 calendar days prior to the meeting 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
A notice of public hearing shall be sent to owners of record of real property, as indicated
by the most recently approved municipal tax roll, within 200 feet of the parcel under
consideration. The notice may be served by its deposit in the municipality, properly
addressed with postage paid, in U.S. mail at least ten (10) days prior to the date set for
the public 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;
Ordinance No. 2879 Page 14
2) The substance of the application, including the magnitude of 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.
3. Public Hearing Signs
For the purpose of notifying the public, the Administrator may require the installation of a sign
on the property prior to the public hearing. The specifications including size, location, and
content of public hearing signs shall be established by the Administrator.
4. Required Public Hearings
The_following table illustrates the types of review requiring a public hearing and the review
body responsible for conducting the hearing.
Application Type Zoning Planning and City
Board of Zoning Council
Adjustment Commission
Comprehensive Plan Amendment X X
Zoning Map Amendment (Rezoning) X X
UDO Text Amendment X X
Conditional Use Permit X X
Subdivision* X
Variances — ZBA X
Administrative Appeals X
* Only when required per the LOCAL GOVERNMENT CODE.
G. Simultaneous Processing of Applications
Whenever two or more forms of review and approval are required under this UDO, the applications
for those development approvals may, at the option of the Administrator, be processed
simultaneously, so long as the approval procedures for each individual application can be completed
pursuant to the requirements of this UDO. Such processing shall occur at the applicant's own risk.
H. Appeals
An appeal of any final decision shall be filed with the appropriate entity within 30 days of the decision
by the Administrator or the applicant. If no appeal is filed within 30 days, the decision shall be final.
3.2 Zoning Map Amendment(Rezoning)
A. Purpose
To establish and maintain sound, stable, and desirable development Preappi eam
within the territorial limits of the City, the Official Zoning Map may be Conference
amended based upon changed or changing conditions in a particular area
or in the City generally, or to rezone an area or extend the boundary of
an existing zoning district. All amendments shall be in accordance with
the Comprehensive Plan, which may be amended according to the C71Ication procedure in Section 3.19, Comprehensive Plan Amendment.
b m itta l
B.Initiation of Amendments - staff
An amendment to the Official Zoning Map may be initiated by: Review
1. City Council on its own motion; v
2. The Planning and Zoning Commission; Planning &
Zoning
3. The Administrator; or Commission
4. The property owner(s).
C. Amendment Application
A complete application for a zoning map amendment shall be submitted City
to the Administrator as set forth in Section 3.1.C, Application Forms and Council
Fees. Application requests for a Planned Development District (PDD) shall
provide the following additional information:
Ordinance No. 2879 Page 15
1. A written statement of the purpose and intent of the proposed development; and
2. A list and explanation of the potential land uses permitted.
D. Approval Process
1. Preapplication Conference
Prior to the submission of an application for a Zoning Map Amendment, all potential applicants
shall request a Preapplication Conference with the Administrator. The purpose of the
conference is to respond to any questions that the applicant may have regarding any
application procedures, standards, or regulations required by this UDO.
If the Administrator determines that the map amendment request is not in conformity with the
Comprehensive Plan, he shall not accept the application for the map amendment, and no
further processing shall occur until the map amendment is in conformity or a request for an
amendment to the Comprehensive Plan eliminating the lack of conformity has been submitted
by the applicant.
2. Review and Report by Administrator
Once the application is complete, the Administrator shall review the proposed amendment to
the Official Zoning Map in light of the Comprehensive Plan, subject to the criteria enumerated
in Article 4, Zoning Districts, and give a report to the Planning and Zoning Commission on the
date of the scheduled public hearing.
3. Referral To Planning and Zoning Commission
The Administrator, upon receipt of petition to amend the Official Zoning Map, shall refer the
same to the Commission for study, hearing, and report. The City Council may not enact the
proposed amendment until the Planning and Zoning Commission makes its report to the City
Council.
4. Recommendation by Planning and Zoning Commission
The Planning and Zoning Commission shall publish, post, and mail public notice in accordance
with Section 3.1.F, Required Public Notice. The Commission shall hold a public hearing and
recommend to the City Council such action as the Commission deems proper.
5. City Council Action
a. Notice
The City Council shall publish, post, and mail public notice in accordance with Section
3.1.F, Required Public Notice, and hold a public hearing before taking final action on a
petition to amend the Official Zoning Map.
b. Public Hearing
The City Council shall hold a public hearing and approve, approve with modifications, or
disapprove the application to amend the Official Zoning Map.
c. Effect of Protest to Proposed Amendment
If a proposed change to this UDO or rezoning is protested in accordance with Chapter
211 of the Texas Local Government Code, the proposed change must receive, In order to
take effect the affirmative vote of at least three-fourths of all members of the City
Council. The protest must be written and signed by the owners of at least 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 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) Consistency with the Comprehensive Plan;
2) Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood;
3) Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment;
4) Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment;
5) Marketability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment; and
6) Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use.
Ordinance No. 2879 Page 16
E. Limitation on Reapplication
If a petition for rezoning is denied for
same property or any portion thereof shall not be considered within a period of 180 days from the
date of denial, unless the Planning and Zoning `°" "."=."" finds that one of the following factors are
applicable:
1. There is
duringof the might reasonably decision-makingconsidered
application of the relevant review standards to the development proposed in the application;
2. New ddiUo | information not available at the time of the review that
might decision-making body's application of the relevant review
standards to the development proposed;
3. A ncw ap |i U is proposed proposed to be submItted thit Is materiallyprior
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.
3.3 Subdivision Plat Review
A. Applicability
Preapplication
1. Subdivision a | h Ub required (except the Conference---.
TEXAS LOCAL any of the following activities
occur within the City limits or the limits of the City's extraterritorial |
jurisdiction: ‘11
a. The division of land (for any purpose) into two or more parcels;
b. of a platted an \ """"""='
identified or addan existing
thoroughfare has been identified by the Comprehensive Plan; Staff
V
c. Development onaparcel not previously legally platted; Review
d. Development tht involves the t i of any public Completeness
improvementsthatan�tobeded�ated theity or to a Review
county within the City's extraterritorial jurisdiction;
e. Resubdivision of land that has previously been platted; or
V
f. Amendmentofanyapprovedp|ot /-
Exemption: Subdivision of prosult from a governmental pomsa
entity's land acquisition for public facilities such as expansion of street Recreation
right-of-of-way.gn�-o �ay. Board
2. Any who proposes the development of a tract of land within theCity
Stati —_ — the extraterritorial
on 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. ' Preliminary or Fin
Subdivisiona
Planning
Plat not required in addition to the Subdivision Plat. Commission
B. Unlawful to Record Plat Without Approval
It shall be unlawful to offer and cause to be recorded any Plan, Plat, or
Replat of land within the City limits or extraterritorial jurisdiction of College Station at the Office of
the County Clerk unlesscne same bears d approval of the Planning and Zoning
Commission or the Administrator as provided for in this UDO.
C. Filing of Plat and Application
For h
applicant its a Plat the`"="of the ns othis UDO or has filed a variance
request tthose sections of the code for which the plat does not comply. Once a Plat has been filed
with the City it will be scheduled for review by the Administrator and/or the Planning and Zoning
Commission.
D. Platting In Planned Development Districts (PDD and P-MUD)
If the subject property is zoned as a Planned Development District(PDD) or Planned Mixed-Use
Ordinance No. 2879 Page 17
District
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 subdivision standards at the time a plat is approved. The applicant
or the Administrator may have the Design Review Board determine the specific standards that
comply with the approved Concept Plan.
E. Platting in the Extraterritorial Jurisdiction (Brazos County)
The L providing for joint
shall provide the County withcopies of posed subdivisions, shall include the County in the plat
review process, and in any site inspections as needed.
Any plat for a subdivision in the ETJ shall first require the approval of the Administratororthe
Planning and Zoning Commission (as appropriate), followec by approval by the Brazos County
Commissioners Court.
F. Application
1. A complete application for subdivision review shall be submitted to the Administrator as set forth
in Section 3.1.C, Application Forms and Fees. The signatures of all owners of land within the
boundary of the Development Plat, Master Plan, or Preliminary or Final Plat, shall be required
on the application.
2. An fee shall be submitted with the Plat or Replat as required by Section 3.1.C,
Application Forms and Fees.
3. All Plats shall be submitted upon request in an electronic form ble to the Administrator
and compatible with the City's Geographic Information System (GIS).
4. If thAdministrator determines that
Co���'' n
and no further processing shall occur until the Subdivision Plat is in conformity or a
request for an amendment to the Comprehensive Plan eliminating the lack of conformity has
been submitted by
� determination thatomtm
compliancethe Comprehensive Plan may be appealed to the Planning and Zoning
Commission.
G. Development Plat Review
I.. Applicability
The College Station chooses to be covered by Subchapter B,"Regulation of Property
Development,"Chapter 212 of the Texas Local Government Code.
2. Review and Report by Administrator
Once the a |i ti is complete, the Admi | rohaU review the proposed Plat in light of
the Comprehensive Plan and give a report to the Planning and Zoning Commission.
3. Review and Recommendation by Parks and Recreation Advisory Board
The Parks and Recreation Advisory Board shall review the Development Piat for compliance
with the parkland dedication requirements in icle 8, Subdivision Design and Improvements,
and recommend approval, approval with conditions, or disapproval of the same.
4. Review and Action by Planning and Zoning Commission
The Planning and Zoning Commission shall approve a Development Plat if the Plat conforms to:
a. The City's Comprehensive Plan;
b. The City's plans, | and ordinances concerning its current and future streets,
sidewalks, alleys, parks (land dedication and development fees), playgrounds, and public
utility facilities;
c. The City's ordinances and regulations with regard to the extension of the City or the
extension, improvement, or widening of its roads, streets, and public highways within
the City and in its extraterritorial jurisdiction (ETJ), taking into account access to and
extension of sewer and water mains and the instrumentalities of public utilities; and
d. Any other applicable plans, rules, or ordinances of the City.
Ordinance No. 2879 Page 18
H. Minor and Amending Subdivision Plat Review
1. Procedure
A Minor Amending Subdivision Plat shall be approved provided that It conforms to all
requirements of these regulations.
2. Review and Action by Administrator
a. When h r or Amending Plat shall also be accompanied by current
certificates from n taxing agencies showing payment of all ad valorem taxes on the land
within the subdivision,
b. Within 15 days after a Minor or Amending Plat is filed, the Development Engineer shall
recommend approval, approval with conditions, or denial of such Plat to the
Administrator.
C. The Administrator shall approve, approve with conditions, or forward ai to the
Planning and ZoninCommission. onal approval must entail corrections or
changes that are ministerial and explicitly spelled out.
d. If fovded to the | Zoning Commission sh U
disapprove, or conditionally approve the Plat within 30 days of the Administrator's
decision. Conditional approval must entail corrections or changes that are ministerial
and explicitly spelled out.
3. Recordation
If Planning and Zoning
Commission, the Minor or Amending Plat shall be recorded at the Office of the Brazos County
Clerk when all requirements and conditions have been met.
I. Major Subdivision Plat Review
1. Master Plan Review
a. Applicability
A Master Plan that complies with the City's Comprehensive Plan is required for all
subdivisions to be developed in more than one phase and
1) Containing more than 50 acres of land or
2) More than 100 residential lots.
b. Review and Recommendation by Administrator
The Admii i the Master Plan ap |i ti d recommend approval,
approval with conditions, or disapproval of the same. Conditional approval must entail
corrections or changes that are ministerial and explicitly spelled out.
c, Review and Recommendation by Parks and Recreation Board
The Parks and Rb Board shall review the
parkland dedication requirements In Article 8, Subdivision Design anc Improvements, and
recommend approval, approval with conditions, or disapproval of the same. Conditional
approval must entail corrections or changes that are ministerial and explicitly spelled out.
d. Review and Action by Planning and Zoning Commission
1) The a |i a t will be advised of the date set for Planning and Zoning Commission
consideration.
2) Within 30 days after the Master Plan is filed with the City, the Pla | and Zoning
Commission shall approve, disapprove, or conditionally approve the plan with
modifications. Conditional approval must enti| corrections or changes that are
ministerial and explicitly spelled out.
3) Approval or conditional approval of a Master Plan shall be effective for 24 months
from the date of such action, unless reviewed by the Planning and Zoning
Commission in light of new or significant information which would necessitate a
revision, in which case the Commission shall Inform the subdivider in writing. The
Commission may modify or revoke the approved Plan after a public hearing In light
of new or significant Information.
4) If a PreliminaryPlat filed within 24 months of the effective date of approval,
the Planning and Zoning Commission may, upon written application of the
subdivider, extend the approval in increments of 12-month time periods upon
conditions in the area.
5) Approvalof a Master Plan shall not constitute approval of the Preliminary Plat.
Application for approval of the Preliminary U| be considered only after the
Ordinance No. 2879 Page 19
6) Upon l of thPlan and Zoning Commission, the subdivider
may proceed to coother requirements of these regulations and the
preparation of the Preliminary Plat.
2. Preliminary Plat Review
a. Applicability
A major subdivision final | plat if all
the requirements of preliminarand fiat All lots
must be in compliance with the approved Master Plan and the City's Comprehensive Plan.
b. Oversize Participation
At the f Preliminary Plat, an applicant may reguest oversize participation on any
infrastructure, as 'provided in Article R, Suhriivision Design and Improvements. In order to
do so, impact stucies covering the particular Infrastructure must be submitted justifying
the request for oversize. These stuidies shall indicate what size infrastructure is necessary
to serve the proposed development as shown on an approved Master Plan or Preliminary
Plat. If the City's Comprehensive Plan calls for infrastructure In excess of that required for
the proposed development, the applicant may request participation for this additional size.
The City Council shall consider and approve, conditionally approve, or disapprove oversize
participation requests.
c. Review and Recommendation by Administrator
The Adi | t rahoU review the Preliminary Plat application and recommend approval
or disapproval of the same.
d. Review and Recommendation by Parks and Recreation Advisory Board
The k and Recreation Advisory Board shall review the Preliminary Plat application for
compliance with the parkland dedication requirements of Article 8, Subdivision Design and
Improvements, and recommend approval, approval with conditions, or disapproval of the
same. Once the Board has determined compliance, the plat and subsequent plats may
proceed directly to the Planning and Zoning Commission.
e. Review and Action by Planning and Zoning Commission
1) The applicant will be advised of the date set for Planning and Zoning Commission
consideration.
2) Within 30 days after the Preliminary Plat is filed with the City, the Planning and
Zoning Commission shall approve, disapprove, or conditionally approve the Plat with
modifications. ConUitiona| app?ovu must entail corrections or changes that are
ministerial and explicitly spelled out.
3) Approval or conditional approval of a Preliminary Plat shall be effecive for 24
months from the date of such action.
4) If a Final Plat is not filed within 24 thx of theffective date of a | the
Planning o Zoning Commission may, upon written application of the subdivider,
extend the approval for a one-time additional 12-month period.
5) Each Final Plat of a phase on an approved ry Plat sh || extend the
expiration date of the Preliminary Plat an additional one year from the date the Final
Plat was approved by the City.
6) Approval of Preliminary P| h U not constitute approval of theat
Application for approval of the Final Plat will be considered only after the
requirements for Preliminary Plat m g herein have been fulfilled
and afteall othespecified conditions have been met.
7) Upon l of th | Plat by Commission,
subdivider may p | ith the other requirements of these regulations
and the preparation of the Final Plat.
3. Final Plat and Rep/at Review
The Final Plat shall conform to the Preliminary Plat as approved by the Planning d Zoning
imposed by the Planning and Zoning Commission; and provided further, that it conforms to all
requirements of these regulations and the City's Comprehensive Plan.
a. Procedure
The Final Plat will not be considered unless a PreliminaryPlat has been filed and
approved, except ithe case of dedication of land for the sole purpose of a streetpark,
drainage easements, or, the Plat is exempt under Section 3.3.n.2.a, Preliminary Plat
Review - Applicability.
b. Review and Recommendation
The Administrator shall review the Final Plat application and recommend approval or
disapproval of the same.
Ordinance No. 2879 Page 20
c. Review and Action by Planning and Zoning Commission
1) When submitted, the Final Plat shall also be accompanied by current certificates
from all taxing agencies showing payment of all ad valorem taxes on the land within
the subdivision.
2) When the Final Plat, together with the accompanying data and construction
documents, and the application for approval is received by the Administrator, it will
be processed in the same manner as the Preliminary Plat.
3) Within 30 days after the Final Plat is filed, the Planning and Zoning Commission
shall approve, disapprove, or conditionally approve such Plat. Conditional approval
must entail corrections or changes that are ministerial and explicitly spelled out.
d. Recordation
If favorable action has been taken by the Planning and Zoning Commission, the Final Plat
shall be recorded in the Office of the Brazos County Clerk when all requirements and
conditions have been met. The construction documents when duly signed by the
Development Engineer are authority to proceed with the construction of streets and
utilities. Nothing in the procedure authorl7es constriction on private property.
3. Waivers
The Planning and Zoning Commission may approve, approve with conditions, or disapprove waivers
of the standards in Article 8, Subdivision Design and Improvements, prior to or concurrent with the
platting process.
3.4 Concept Plan Review (PDD and P-MUD Districts)
Preapplication
A. Applicability Conference
A Concept Plan shall be required prior to any development of property
zoned Planned Development District (PDD) or Planned Mixed-Use
District (P-MUD).
B. Application Requirements Application
A complete application for a Concept Plan shall be submitted to the Submittal
Administrator as set forth in Section 3.1.C,Application Forms and Fees, Staff
unless otherwise specified in this Section. Review
V
C. Concept Plan Approval Process Completeness
Review
1. Preapplication Conference
Prior to submitting a Concept Plan, the applicant shall attend a
preapplication conference in order to meet, confer with, and
receive the advice and assistance of the City staff.
Parks&Recreation
Board
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 V
Recreation Advisory Board. Parks and Recreation Advisory Board
recommendations shall be forwarded to the Design Review Board.
3. Review and Report by the Greenways Program Manager
Design
If the proposed area includes a greenway dedication as shown on Review Board
the 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
Design Review Board.
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.
5. Design Review Board Final Action
The Design Review Board shall review the Concept Plan and approve, approve with conditions,
or disapprove.
D. Concept Plan Requirements
1. A Concept Plan shall not be considered or reviewed as a complete site plan application. The
Concept Plan for the proposed development shall include the following:
Ordinance No. 2879 Page 21
a. A general plan showingthe |ocatinnandre|aUonah|poftheveMous |anduaospannitted
in the development;
b. A range of proposed building heights;
c. A written statement addressing the drainage development of the site;
d. The general location of detention/retention ponds and other major drainage structures;
e. A list of general bulk or dimensional variations sought;
f. If general bulk or dimensional variations arsought, provide a list of community benefits
and/or Innovative design concepts to justify the request;
g. The general location of parking areas;
h. Open spaces, parkland, conservation areas, greenways, parks, trails and other special
features of the development; and
�.
Buffer areas or a statement indicating buffering proposed.
E. Review Criteria
The Administrator shall recommend | and the Design Review Board shall approve a Concept
Plan if it finds that the Plan meetthe following criteria:
1. The |U constitute an environment of sustained stability and will be in harmony with
the character of the surrounding area;
2. The proposal is in conformity i'h the policies, goals, and objectives of the Comprehensive Plan,
ant any subxequenUyadopted
P|ans, and will be o iwith the intent anc purpose of thi
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 b|i street but shall have too public
directly or via a court, walkway, public area, or area owned by a homeowners assodaUun;
5. The development includes provision of adequate public improvements, including, but not limited
to, parks, schools, and other public facilities;
6. The develot will not bdetrimental to the public health, safety, welfare,or materially
injurious to properties or improvements in the vicinity; and
7. The iU not adversely affect the safetyand convenience of vehicular, bicycle,
the proposed use and other uses reasonably anticipated in the area considering existing zoning
and land area.
F. Minimum Requirements
development shall be those stated in this UDO for subdivisions and the requirements of the mostUnless otherwise indicated in the approved concept plan, the minimum requirements for eachrestrictive ~~. uses
are permitted. Modification of these
standards may be considered during the approval process of the Concept Plan. If modification of
minimum requirements.
G. Compliance with Other Regulations
The Concept Plan h U not relieveU`ed | i for complyingwith
| .
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 for
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 othis UDO.
I. Modifications
Any deviations from the approved Concept Plan, shall require Design Review Board approval except
as provided for below.
Ordinance No. 2879 Page 22
J. Minor Amendment to Concept Plan
Minor itions and modifications to the approved Concept Plan meeting the criteria below may be
approved by the Administrator:
1. Minor additions to structures as determined by the Administrator;
2. Minor soD/structures if the location does not interfere with existing site layout (e.g.,
circulation, parking, loading, storm water management facilities, open space, landscaping,
3. Minor additions to parking lots;
4. An increase of 25 percent of the total numberofdwoU|ng units for residential developments as
�
long as the maximum allowable density shown on the Land Use an-� not exceeded;
'
5. Clearing or grUing ot areas not depicted on the concept plan as cu//uervaUu/i area g/eenwny,
or park; and '
6. Final determination of the specific meritorious modifications such as setbacks, lot size,
dimensional standards, etc., granted generally as part of the Concept Plan,
K. Expiration of Approval
The Concept Plan h U expire within 24 months ofth date approved by the Design Review Board. A
final, one-ti ,e | twelve months may be grantedbythoAdninistratoru'mndemonotration
of substantial progress and the lack of changed or changing conditions in the area.
3.5 Site Plan Review
A. ApplicabilityConference
pn,v n uun
1. Prior to development of any use or structure other than single-
family (excluding Manufactured duplex, or
townhouse residential development, a site plan shall be approved �
by the Cityin accordance with this Section.
2. NolawfulSubmittal
or permitted to proceed without final site plan L Aa�e C-pplication
considered a site plan approval. Review
3. If the subject property is zoned as a Planned Development Completeness
ReviewDistrict (PDD) or Planned Mixed-Use District the Design Review
..^�
general
general modifications shall be indicated on the approved Concept
Plan.
that comply with the general modifications of the site
The applicant or the Administrator may have the Design Reviewdevelopment requirements at the time a site plan is approved.
Board dstandards that comply with the
approved Concept Plan.
Administrator
B. General Requirements
All im
constructed at the time of development. All terms and conditions of
site plan approval must be met at the time of development.
C. Application Requirements
A complete application for site plan approval shall be b |tted to the Administrator as set forth in
Section 3.1.C, Application Forms and Fees. The application shall include a landscape plan illustrating
compliance Landscaping and Tree Papplicable,
applicants and materials required In Section 7.9, Non-Residential
Architectural Standards.
D. Site Plan Approval Process
Site plan review applications shall be processed in accordance with the following requirements:
Ordinance No. 2879 Page 23
1. Preapplication Conference
Prior to the submission of an application for site plan approval all potential applicants may
request a preapplication conference with the Administrator. The purpose of the conference is
to respond to any questions that the applicant may have regarding any application procedures,
standards, or regulations required by this UDO; however, they do not fulfill the requirements
for formal review or submittal as set forth in this UDO.
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.
In order 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's 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 City's adopted Streetscape Plan
referenced in Article 8, Subdivision Design and Improvements;
11. Clear indication of what constitutes the building plot for purposes of signage; and
12. Location and density of buildings or dwellings 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. Appeal
Appeals of site plans denied by the Administrator where the denial was based upon the site plan
review criteria in Section 3.5.E, Site Plan Review Criteria, or appeal of a site plan condition imposed
to assure compliance with the criteria in 3.5.E, Site Plan Review Criteria, shall be submitted to the
Design Review Board within 30 days of the decision. If no appeal is filed within 30 days, the decision
shall be final.
The Design Review Board shall have the same authority 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. .
G. Expiration of Approval
An approved site plan, including those approved prior to the effective date of this UDO or any
subsequent amendments, shall expire twelve (12) months from the date of approval unless the
proposed development is pursued as set forth below:
1. A building permit has been issued and remains valid.
Ordinance No. 2879 Page 24
2. In a phased development where more than one building is to be built, the applicant may submit
a series of building permit applications. The first application must be submitted within 12
months from the date the site plan is approved. Each subsequent application must be
submitted within 12 months from the date of Issuance of a Certificate of Occupancy for the
previous building. The lapse of more than 12 months shall cause the expiration of site plan
approval. A final, one-time extension of 180 days from the date of expiration of any building
permit may be granted by the Administrator upon demonstration of substantial progress and the
lack of changed or changing conditions in the area.
3.6 Design District Site Plan Review
A. Applicability
1. Design Districts Preapplication
Prior to any development in any Northgate district(NG-1, NG-2, Cunfeienue
NG-3) or the Wolf Pen Creek district (WPC) excluding minor
additions such as storage buildings, fencing and the Ilke, an
applicant must obtain design district site plan approval under this v
Section.
In reviewing a project, the Design Review Board may require Application
traffic and parking impact studies, a review of existing occupancy, submittal
and other reasonable data to determine the impact of the project.
2. Design District Site Plan Review Required v Staff
No private development shall be lawful or permitted to proceed Review
without final design district site plan approval. Minor additions Completeness
may be approved by the Administrator. Design district site plan Review
approval shall be required for all site plans as part of a conditional
use permit.
3. General Requirements
a. All improvements reflected on approved site plans must be
constructed at the time of development.
b. All associated rehabilitation, facade work, and other
construction must be conducted subsequent to and in
compliance with approved elevations, colors, and materials.
Such review may take place concurrent with the site plan
review, or may take place separately, as provided In Section 3.8, Development Permit.
c. All terms and conditions of site plan approval must be met at the time of development.
B. Application Requirements
A complete application for site plan approval shall be submitted to the Administrator as set forth in
Section 3.1.C, Application Forms and Fees. The application shall include a landscape plan illustrating
compliance with the requirements of Section 7.5, Landscaping and Tree Protection (except in NG-1,
NG-2 and NG-3 as referenced in Article 5.6.B, Northgate Districts).
C. Design District Site Plan Approval Process
Design district site plan review applications shall be processed in accordance with the following
requirements:
1. Preapplication Conference
Prior to the submission of an application for design district site plan approval, all potential
applicants shall request a preapplication conference with the Administrator as required In
Section 3.1.B, Preapplication Conference.
2. Review and Report by the Administrator
If the proposed design district site plan is determined to be consistent with all applicable
provisions of this UDO, the City's Comprehensive Plan, and the Northgate Revitalization Plan or
the Wolf Pen Creek Master Plan, or if the plan is recommended for denial or conditional
approval, the Administrator shall report such consistency, inconsistency, or proposed
conditions to the Design Review Board.
3. Review by the Design Review Board
The Design Review Board shall review the design district site plan in a public meeting and may
approve, approve with conditions or deny the application. Notice shall be provided by
publication of the agenda of the meeting.
Ordinance No. 2879 Page 25
4. Final Action by the Design Review Board
If the proposed site plan is determined to be consistent with all applicable provisions of this
UDO, including the applicable district provisions of Section 5.6., Design Districts, and the
review criteria below the Design Review Board shall approve the design district site plan. A
determination that all such requirements and provisions have not been satisfied shall result in
disapproval of the site plan.
D. Design District Minor Additions Approval Process
Minor additions to a site are accessory buildings and structures, change of solid waste disposal
location, painting, and landscaping. All site plan review applications for minor additions shall be
processed in accordance with the following requirements:
1. Review by the Administrator
The Administrator shall review the design district site plan for minor additions and may
approve, approve with conditions, or deny the site plan. The Administrator may also forward
the site plan to the Design Review Board for any reason.
2. Final Action by the Administrator
If the proposed site plan is determined to be consistent with all applicable provisions of this
UDO the City's Comprehensive Plan, and the Northgate Revitalization Plan or the Wolf Pen
Creek Master Plan, including the applicable district provisions of Section 5.6, Design Districts,
Use Standards, and the review criteria below, the Administrator shall approve the design
district site plan. A determination that all such requirements and provisions have not been
satisfied shall result in disapproval of the site plan.
E. General Site Plan Review Criteria
In order 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 meeting the specifications for same as outlined in Article 8, Subdivision Design
and Improvements, relative to width and placement;
3. Efficient and economic public utility and sanitation access;
4. Public road or street access;
5. Satisfactory internal access including public, private, and 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's Code of Ordinances;
8. Visual screening of trash receptacles or other areas offensive to the public or existing adjacent
development;
9. Runoff, drainage, and flood control;
10.Visual screening from the right-of-way of parking lots;
11. Compliance with standards, guidelines, and policies of the City's adopted Streetscape Plan; and
12. Determination and clear indication of what constitutes the building plot for purposes of this UDO.
F. Additional Review Criteria for the WPC District
The following standards, which affect the appearance of a development, shall govern the evaluation
of a design submission in the WPC district:
1. Conformance to the City's Comprehensive Plan;
2. Exterior space utilization;
3. Material selection;
Ordinance No. 2879 Page 26
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 Sections 5.6.A, Wolf Pen Creek Corridor.
G. Additional Review Criteria for Northgate Districts
1. Conformance to the City's Comprehensive Plan and such Northgate Redevelopment Plan as
adopted by City Council;
2. Vehicular, pedestrian, and bicycle circulation;
3. Specific standards listed in Section 5.6.B, Northgate Districts.
H. Expiration of Approval
An approved design district site plan, including those approved prior to the effective date of this
UDO, shall expire 12 months from the date of approval unless the proposed development is pursued
as set forth below:
1. Work that does not require a building permit (such as a parking lot) has commenced.
2. A building permit has been issued and remains valid.
3. In a phased development where more than one building is to be built, the applicant may submit
a series of building permit applications. The first application must be submitted within 12
months from the date the site plan is approved. Each subsequent application must be
submitted within 12 months from the date of issuance of a certificate of occupancy for the
previous building. The lapse of more than 12 months shall cause the expiration of site plan
approval. A final, one-time extension of 180 days may be granted by the Administrator upon
demonstration of substantial progress and the lack of changed or changing conditions in the
area.
3.7 Design District Building and Sign Review
Application
A. Applicability Submittal
Staff
1. In the design districts (including the WPC, NG-1 NG-2 and NG-3 V Review
districts), all substantial maintenance (including but not limited
to rehabilitation, facade work, and, change of exterior materials ess
Completen
or other construction, including the replacement or alternation
of signs) shall be subject to the design district building and sign Review
review process. -
2. Minor additions to a site (accessory buildings and structures, V
change of solid waste disposal location, painting, and
landscaping) shall be reviewed by the Administrator.
Design
Review
B. Application. Board
A complete application for building or sign review in a design district
shall be submitted to the Administrator as set forth in Section 3.1.C,
Application Forms and Fees.
C. Final Action by Design Review Board
1. Public Meeting
The Design Review Board shall conduct design district review in a public meeting. Notice shall
be provided by publication of the agenda of the meeting.
2. Design Review
The Board shall apply the standards for the applicable district as set forth in Section 5.6,
Design Districts, and approve, conditionally approve, or disapprove the building and sign
materials and colors as specifically required in Section 5.6.A, Wolf Pen Creek Development
Corridor and Section 5.6.B, Northgate Districts. In considering such matters the Design
Review Board may rely on special area plans or studies adopted by the City Council.
Ordinance No. 2879 Page 27
3, Written Decision
If approval is granted, the decision shall be communicated in writing to the applicant.
D. Expiration and Lapse of Approval
An approved design district building or sign plan, ndudmg those approved prior to the effective date
of this UDO, shall expire twelve (12) months from the date of approval unless the proposed
development is pursued as set forth below:
1. A building permit has been Issued and remains valid.
2. In a phased development where more than one building is to be built, the applicant may submit
a series of building permit applications. The first application must be submitted within 12
months from the date the site plan is approved. nit:11 subsequent application must bc
submitted within 12 months from the date of Issuance of a Certificate of Occupancy for the
previous building. The lapse of inure than 12 months shall cause the expiration of site plan
approval. A final, one-time extension of 180 days may be granted by the Administrator upon
demonstration of substantial progress and the lack of changed or changing conditions in the
area.
3.8 Development Permit Preapplication
Conference
A. Applicability
A devet permit shall be required prior development, asdefined in Article 11, Definitions, to ensure conformance to the
provisions d requirementsofthi UDO. are
exempt from the permitting requirements of this Section, but shall Application
otherwise meet all of the requirements of this UDO and the City's Submittal
Drainage Policy and Design Stndanda:
Staff
Customary
C ryanU incidental grounds maintenance, landscaping, and Review
gardening.
Completeness
1. Drainage-related improvements or modifications by a homeowner \ Review
on property used as their principal residence where that
property lies outside of the designated Area of Special FloodHazard.
- |
V
2. Uses by a landowner of their property for bona fide agricultural
Development
B. Approval Process Engineer
Prior to the Issuance of a development permit, the following
requirements shall be met:
1. Preapplication Conference
A preapplication conferenceshall be held with the Development Engineer, or his designated
representative, if the property contains areas of special flood hazard as set forth in Section
3.1.B, Preapplication Conference.
2. Application
A complete application for development permit shall be submitted to the Development
Engineer as set forth in Section 3.1.C, Application Forms and Fees.
3. Review and Action by the Development Engineer
The Development Engineer shall review the required information and application form and
shall take one 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 his
engineer.
4. Review Criteria
Approval or denial of a development permit by the Development Engineer shall be based on
the following relevant factors:
Ordinance No. 2879 Page 28
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 effec
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 operationalon$sofprovid|nggovernmonta| oo | during and
after flood conditions, including maintenance and repair of stt d 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 to 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 Section 7.5, Landscaping and Tree Protection; and
j. Compliance with this UDO.
5. Notification of Decision
a. The |i t shallbe notified iwriting of the action prescribed above. If the
development permit has been disapproved, the specific reasons for disapproval shall be
Indicated In the notification. If adcitional 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 given within ten
working days after acceptance of the complete application.
b. Any proposal whichincludes within the
drainage '' e^ notice of approval or disapproval othe development
permit from the Development Engineer within 60 workIng days after receipt of the
proposal:
1) The entiretof Carter's Creek;
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.
C. Expiration of Approval
A r is
i-- ----'— ` ^^=^~`
neer
authorize an
a�aUoncfsubn�n�aTprogress�and the lack of
changed or changing conditions in the area.
3.9 Building Permit
A. Building Permit Required
Nobuilding \. Submittal—~-___-~—
structurally altered, repaired,
or occupancy changed without a
permitomth�
��
amended by the City, unless directed by the ZoningBoard this section and the 2003 INTERNATIONAL BUILDING CODE
of Adjustment
adoptedor Vxov
the Construction Board of Adjustments and Appeals as provided by this UDO.
No Buildimit ithe provisions of this Article for land usecv Completeness
construction in the City shall be considered valid unless signed by the Review
Building Official.
B. Application for Building Permit
V
1.
Applications for Building Permits for single-family, duplex, or townhouse
structures shall be accompanied by one (1) set of complete
drawn
to scalBuilding
upon; the sizes a ' the lo �"dy" alreadybuildingng, If any; and the location and dimensions of the proposed Official
e
or alteration, easements, and required setbacks.
Ordinance No. 2879 Page 29
Applications for multi-family and commercial structures shallbe accompanied by three (3) sets
of complete plans, drawn to scale, including the approved site plan as required in Section 3.5,
Site Plan Review.
Additional sets of plans shall be supplied to the Building Official upon request.
2. The |
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 of the plans shall be returned to the applicant by the Building Official after it is
markec as either approved, approved with conditions, or disapproved and attested to same by
his signature on
site plan shall be'retaine/bytheuch copy. !he —r� Official~'~ plans, similarly ^'~'^`"' and "'e associated
Building4. Where applicable, applicants shall submit information and materials required In Section 7.5,
Landscaping and Tree Protection.
5. Where applicable, applicantsohaUsubmit |nformabonand maLoho|s �quiedinSecbon71O
Non-Residential Architectural Standards.
'
C. Review and Recommendation
The i|d Official shall review all building it a |i tidetermine if intuses,
buildings, aalld
applicable standards,anda includingthis UDO, and
approve or disapprove the same.
D. Review and Action by Building Official
1. The Building
structures comply with all applicable regulations, standards, and the Building Code. 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 Building Code.
2. If the subject property is zoned as a Planned Development District (PDD) or Planned Mixed-Use
specificDistrict (P-MUD), the Design Review Board 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 of building permit. The applicant or the
Board d�enn|nethe �and�rdsLha�comply with
may haveth- ~�~�^ '~-~~``
approved Concept Plan.
3.10 Certificate of Occupancy
A. Applicability
A Certificate of Occupancy shall be required for any of the following:
1. Occupancy and use of a building hereafter erected or enlarged;
2. Change in use of an existing building to a different Use Category;
3. Any change In a nonconforming use or structure; or
4. As required by the 2003 INTERNATIONAL BUILDING CODE, SECTION 110.
B. Application
Once all required building inspections hove been reviewed by the Building Officialand — finds no
violation of the provisions of the code, the Building Official shall issue a Certificate of Occupancyfor
the structure or use.
C. Review and Action by Building Official
Upon the requestfo Certificate of Occupancy, Building||ding Officia| shall inspect the use or
structure. If the Building Official determines that e or
structure '—| applicable
provisions prov.�onoo[the Z003 INTERNATIONAL BUILDING CODE and this UDO, aCertificate ofOccupancy shU
be
Ordinance No. 2879 Page 30
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 an addition or during partial occupancy of
a structure and as provided in SECTION 110 OF THE 2003 INTERNATIONAL BUILDING CODE.
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
Temporary Certificate of Occupancy.
3.11 Certificate of Completion
A. Applicability
A certificate of r_ompletinn shall he 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, facade 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 he finds no
violation of the provisions of the code, 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 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.
3.12 Sign Permit
A. Sign Permits Required
1. 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 he is so directed by the Zoning Board of Adjustment as provided by this UDO.
2. A permit shall be required for the following:
a. Apartment/condominium/manufactured home park Application
identification signs; Submittal
b. Attached signs; Staff
c. Development signs; V Review
d. Freestanding signs;
Completeness
e. Low profile signs; Review
f. Roof signs; and
g. Subdivision and area identification signs.
V
Administrator
Ordinance No. 2879 Page 31
3. No permit shall be required for the following signs:
a. Real estate, finance, and construction signs;
b. Directional traffic control signs;
c. Home occupation signs; and
d. Noncommercial signs.
4. It shall be the responsibility of the owner or the leasing agent to assign the available
freestanding or building 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 for attached or freestanding
signs.
B. Application
A complete application for a sign permit plan shall be submitted to the Building Official as set forth in
Section 3.1.C,Application Forms and Fees.
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 grant approval with conditions
only to the extent that such conditions specify the actions necessary to bring the application into
compliance with this UDO.
D. Maintenance and Repair
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 replacement of a sign face.
Repainting or replacement of materials in a design district must receive approval of either the
Administrator or the Design Review Board as provided in Section 3.7, Design District Building and
Sign Review.
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.
3.13 Conditional Use Permit
A. Purpose
Conditional use permit review allows for City Council discretionary Preapplication
approval of uses with unique or widely-varying operating Conference
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 Application
by right in a zoning district, but require individual review of their Submittal
location, design, configuration, density and intensity, and may require
the imposition of additional conditions in order to ensure the Staff
appropriateness and compatibility of the use at a particular location. V Review
C. Applications Completeness
A complete application for a conditional use permit shall be submitted Review
to the Administrator as set forth in Section 3.1.C, Application Forms
and Fees. A complete site plan must accompany all applications for a
conditional use permit. V
i
D. Approval Process Planning
i sioning
l
1. Preapplication Conference
Prior to the submission of an application for a conditional use V
permit, all potential applicants shall request a preapplication
conference with the Administrator. The purpose of the
conference is to respond to any questions that the applicant
may have regarding any application procedures, standards, or City
regulations required by this UDO. Council
2. Review and Report by Administrator
Once the application is complete, the Administrator shall review
the proposed development subject to the criteria enumerated in Section E below, and give a
report to the Planning and Zoning Commission on the date of the scheduled Public Hearing.
Ordinance No. 2879 Page 32
3. PlannIng and Zoning Commission Recommendation
a. Notice
The Planning andZo i Commission shall publish, post, and mail notice in accordance
with Section 3.1.F, Required Public Notice.
b. Public Hearing
After review ofth diti | use ||cabon, subject to the in
enumerated
Section E belowthe Planninand Zoning Comi s� shall
nhddapuh|i �
Hearing
recommend to the City Council such action as the Planning and Zoning Commission deems
proper.
4. City Council Action
a. Notice
The City Council shall publish, post, and mail notice in accordance with Section 3.1.F,
Required Public Notice.
b. Public Hearing
The City | shall hold a Public Hh use aU ti n,
subject to the criteria enumerated in Section ' —
recommendation provided by the PlanningZoning City Council shall
approve, p,ovc with modifications or conditionsor disapprove the conditional use
application.
E. Conditional Use Review Criteria
The City Co | may approve an application for a conditional use where it reasonably determines
that there _ill be no significant negative impact residents of surrounding —` or upon the
general public. The City Councishall
| oonoiderU`efoUmwingcriteria |nxsreview:—
1. Purpose and Intent of UDO
The proposed use shall meet the purpose U 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 Comprehensive Plan
The proposed use shall be consistent with the developmentpoliciesand goals and objectives
as embodied in the Comprehensive Plan for development of the City.
3. Compatibility with 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 Character of Surrounding Area
The proposed site plan and circulation plan shall be harmonious with the character of the
surrounding area.
5. Infrastructure Impacts Minimized
The d through
impacts such as roads, parkingfacilities, | r wte d sewer
systems, or on public services suchaspmicaunon solid waste collection, or the
ability o existing Infrastructure and services to adequately provide services.
6. Effect on Environment
The proposed use shall not negatively impact existing uses in the area or in the City.
F. Additional Conditions
The City
a
Include,' "' " " « o may
en
�nd and add�ona| kmprovemenb'such aa�c6rb�g loading drainageadditionalg requirements,
and screening.
sidewalks,
G. Expiration of Approval
1. Conditional Uses are granted for a period of 12 months from the date of a | by the City
Council. If construction of the project has not commenced within this period, the ConditionalUse shall expire.
Ordinance No. 2879 Page 33
2. The Administrator may extend the Conditional Use Permit for up to one additional six-month
period upon demonstration of substantial progress and the lack of changed or changing
conditions in the area and upon written request from the applicant, which must be received
before the date of expiration.
3.14 Written Interpretation
A. Applicability
The Ad
inter?retations concerning the provisions of this UDO and the Submittal
prov sions of Chapter 9 of the City of College Sttion Code of -'
Ordinances (Subcivision Regulations). Staff
V' RPVieW
B. Request for Interprettion Completeness
A requestfo | \. xev/ew
in a form established by the Administratorandmadeavai|ab|etothe ~�
public. Such request shall only be made during development review
or when a code enforcement requirement Is in question.
V
C. Interpretation by Administrator
Administrator
1. The Administrator shall:
a. Review and evaluate the request In light of thtext of
this UDO, thZoning Map, the Comprehensive
Plan, the Subdivision Regulations, 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 interpretations
shall be available for public inspection during normal business hours.
E. Appeal
Appeals a|| be filed only by a partyffetd
by the written interpretation with the
interpretationsf thSubdivision Regulations,- thePlanningard of ' ZoningCommission,t or for ' within 30 days
of the decision in accordance |tn the procedures found in Section z7 Administrative Appeals. If
no appeal is filed within 30 days, the written interpretation shall be final.
3.15 Administrative Adjustment
A. Purpose
Administrative ad ustme La are specified deviations from otherwise
applicable development standards where development is proposed
that would be: Application
Submittal
1. Compatible with surrounding land uses; Staff
2. Harmonious with the public interest; and � '~~
Completeness
3. Consistent with the purposes of this UDO. \` Review
B. Applicability
V
The Ad
up to t����|—� or 7 of this UDO. Any adjustment request greater
forth
shall be treated as a variance handled
subjectZoning Board of Adjustment to�he �ou}reme�sofSe��n— Administrator
3.16, Variances.
Ordinance No. 2879 Page 34
C. Application
A complete application for an administrative adjustment shall be submitted to the Administrator as
set forth in Section 3.1.C, Application Forms and Fees.
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 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 adjuslnienl 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 immediate vicinity of the proposed development;
and
c. That granting the adjustment will be generally consistent with the purposes and intent of
this UDO.
2. In the event that the Administrator finds that the applicant has not met the above 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 Section 3.16, Variances.
3.16 Variances
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 Application
Adjustment shall be authorized to grant a variance from the terms Submittal
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
Staff
granting of the variance would preserve the spirit and intent of the Review
Ordinance, and would serve the general interests of the public and the Completeness
applicant. Variances may be granted only when in harmony with theReview
general purpose and intent of this UDO so that public health, safety,
and welfare may be secured and substantial justice done.
V
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 zoning Board
standards in Article 8, Subdivision Design and Improvements, which of
may be made by the Planning and Zoning Commission during the Adjustment
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 Section
3.5.E, Site Plan Review Criteria, which may be made by the Design Review Board. Any variance
request up to ten percent(10%) may be treated as an administrative adjustment subject to the
requirements of Section 3.15, Administrative Adjustment.
C. Application
A complete application for a variance shall be submitted to the Administrator as set forth in Section
3.1.C, Application Forms and Fees.
D. Action by the Zoning Board of Adjustment
1. Public Hearing
Following notice in accordance with Section 3.1.F, Required Public Notice, 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 Section E below, the Zoning Board of Adjustment shall make a written
finding and give its approval, approval with limitations, or disapproval of the variance.
Ordinance No. 2879 Page 35
E. Criteria for Approval of Variances
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 take into account 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 upon 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. Extraordinary Conditions
That there are extraordinary or 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 his 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. Enjoyment of a Substantial Property Right
That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant.
c. 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 to the City in administering this
UDO.
d. Subdivision
That the granting of the variance will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of this UDO.
e. 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.
f. Other Property
That these conditions do not generally apply to other property in the vicinity.
g. Hardships
That the hardship is not the result of the applicant's own actions.
h. Comprehensive Plan
That the granting of the variance would not substantially conflict with the Comprehensive
Plan and the purposes of this UDO.
i. 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.
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 of land; 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. 2879 Page 36
3.17 Administrative Appeals
A. Applicability Application
Submittal
1. Appeals to the be taken by any
person aggrieved by, or any officer or department affected by, Staff
specific points found in any of the following final decisions of the V Review
Administrator:
Completeness
a. Written interpretations of the text of this UDO; or Review
b. Denial of BuildiPermit or site plan based on
Interpretation o[Artide 7, General Development
Standards, onIng
3. Appeals to the
any person aggrieved by, or any officer or department affected by Or Plannina&ZanIna
specific points found in the Administrator's written interpretations Commission
of the text of the Subdivision Regulations.
B. Effect of Appeal
An appeal to the ZBA stays all legal proceedings in furtherance of the action appealed from, 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 with him, that by reason of facts stated in the certificate a
stay would, in his 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 thAdministrator or Director of Planning and Development
Services shall be filed with the Administrator within 30 days of receipt of the decisIon. If no appeal is
filed within 30 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 Section 3.1.C, Application Forms and Fees.
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 PlanningZoning Commission, as i t shall hear the
appeal within 60 days of the data| application or such extension asrequested�
yLhe
applicant orAdmin|str�or, give puhUcnotice asstfm�h |nSecUonI1.F, Kmqu�edPublic Notice, as
well as due notice to the parties in interest, and decide the same within a reasonable time.
G. Final Action by Zoning Board of Adjustment or Planning and Zoning Commission
The nd of Adjustment or Planning and Zoning Commission, as appropriate, may only
consider the sand mwholly or
partly, may modify the N appealed from. In any case, the Board or Commission shall
only present findings regarding specific errors made in the Administrator's interpretation.
3.18 Text Amendment
Preparation of
A. Purpose Amendment �
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
. V
B. Initiation of Amendments
An amendment to the text of this UDO may be Initiated by: PlanningmZoning
Commission
1. City Council on its own motion;
2. The Planning and Zoning Commission; or V
City
Ordinance No. 2879 Page 37
3. The Administrator.
C. Approval Process
1. Review and Report by Administrator
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 rwl enacl Llre piupuset_1 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 Section 3.1.F,
Required Public Notice, 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
recommendation to the City Council.
4. City Council Action
a. Notice
The Administrator shall publish and post notices in accordance with Section 3.1.F,
Required Public Notice, 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.
3.19 Comprehensive Plan Amendment
Application
A. Purpose Submittal
For the purpose of establishing and maintaining sound, stable, and Staff
desirable development within the territorial limits of the City, the
Comprehensive Plan, including specifically, the Land Use Plan and the Review
Thoroughfare Plan, shall be amended only based upon changed or
changing conditions in a particular area or in the City. Completeness
Review
B. Initiation of Amendment
An amendment may be initiated by:
1
1. City Council on its own motion; Planning &
Zoning
2. The Planning and Zoning Commission; ` Commission
3. The Administrator; or V
4. The property owner(s).
City
C. Amendment Application Council
A complete application for a Comprehensive Plan amendment shall be
submitted to the Administrator as set forth in Section 3.1.C, Application
Forms and Fees.
Ordinance No. 2879 Page 38
D. Approval Process
1. Review and Report by Administrator
Once the application is complete, the AdminiaU review the proposed ad in
light of the remainder of the Comprehensive Plan and conditions in the City, and give a report
to the Commission and Council.
2. Recommendation by Planning and Zoning Commission
a. Notice
The Planning and Zoning Commission sh U publish and post publicn ti in accordance
with Section 3.1Required ic Notice, and shall recommend to the City Council such
action os thc Commission deems proper.
h. 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 d Zi 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.
3. City Council Action
a. Notice
The City CoU shall publish and post public notice in accordance with S ct|on 3.1.F,
Required Public Notice, 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
The City Council shall review the amendment and approve, approve with conditions, or
deny the application.
E. Limitation on Reapplication
If a petition for a plan amendment Council,
of the same property or a be considered within a period of 180
days
the o�a |a|, un|esU� P�nningam� �mingCnmm� M ��
ionn�sm��U���|mw|ng
�� factors
are applicable:
1. There Is a substantial change in circumstances relevant to the issues and/or facts considered
during
application of the relevant review standards to the development proposed in the application; or
2. New or additional at the tiof the review that
might reamy affect the ecision-making body's application of the relevant review standards
to the development proposed; or
3. A new ||cabun 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. 2879 Page 39
APPENDIX III
Article 4. Zoning Districts
4.1 Establishment of Districts
For the purpose of this UDO, portions of the City, as specified on the Official Zoning Map of the City, are
hereby divided into the zoning, design, and overlay districts enumerated below. The intensity regulations
applicable for such zoning districts are designated In Article 5 and the use regulations are designated in
Article 6 of this UDO.
Residential Zoning Districts
A-0 Agricultural-Open
A-OR Rural Residential Subdivision
R-1 Single-Family Residential
R-1B Single-Family Residential
R-2 Duplex Residential
R-3 Townhouse
R-4 Multi-Family
R-6 High Density Multi-Family
R-7 Manufactured Home Park
Non-Residential Zoning Districts
A-P Administrative/Professional
C-1 General Commercial
C-2 Commercial-Industrial
C-3 Light Commercial
M-1 Light Industrial
M-2 Heavy Industrial
C-U College and University
R & D Research & Develo•ment
Planned Districts
P-MUD Planned Mixed-Use District
PDD Planned Development District
Design Districts
WPC Wolf Pen Creek Development Corridor
Northg NG-1 Core Northgate
ate
NG-2 Commercial Northgate
NG-3 Residential Northgate
Overlay Districts
OV Corridor Overlay
RDD Redevelopment District
KO Krenek Tap Overlay
Ordinance No. 2879 Page 40
4.2 Official Zoning Map
A. The City is hereby divided into the above zoning districts, 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 Section 4.2 of the Unified
Development Ordinance (UDO) of the City of College Station,Texas."
B. If, in accordance with the provisions of this UDO and §211.006 of the Texas Local Government Code,
as amended, changes are made in the district boundaries or other matter 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
Section 10.2, Penalties for Violation.
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 office of the
Development Services Department, shall be the final authority as to the current zoning status 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 Office of the 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.
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 totally destroyed, the prior map or any
significant parts thereof remaining shall be preserved, together with all available records pertaining
to its adoption or amendment.
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
lot 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.
Ordinance No. 2879 Page 41
E. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the
event of 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
(ZBA) shall interpret the district boundaries as provided in Section 2.3, Zoning Board of Adjustment.
4.5 Application of District Regulations
A. Uniformity
The zoning regulations as set forth by this UDO within each district shall be applied uniformly for
each class or kind of building; however, the regulations vary from district to district in accordance
with their respective purposes for the character of each district and its peculiar 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 A-0, Agricultural Open 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
90th day before the effective date of the annexation if:
1) One or more licenses, certificates, permits, approvals, or other forms of
authorization by a governmental entity were required by law for the planned land
use; and
2) A completed 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 §43.002. Continuation of Land Use, of the TEXAS LOCAL GOVERNMENT CODE, the
City may apply the following regulations within newly annexed territory:
a. A regulation relating to the location ofuoxua||y-or|pnted businesses;
b. A regulation relating to preventing imminent destruction of property or injury to persons;
Ordinance No. 2079 Page 42
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;
C A regulation relating to the sale and use of fireworks; or
g. A regulation relating to the discharge of firearms.
5. Ally 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 upon the relevant decisions of State and Federal courts. The applicant may
submit any written evidence to the Administrator for consideration. The Administrators written
determination shall be final unless duly appealed to the Zoning Board of Adustmant.
Ordinance No. 2879 Page 43
APPENDIX IV
Article 5. District Purpose Statements and SuppUemmentaUStandardS
5.1 Residential Zoning Districts
Occupancy of any dwelling in the following districts shall be limited to "family" as defined by this UDO,
A. Agricultural-Open (A-0)
This district includes lands within the corporate limits of the City, which are not subdivided and are
relatively undeveloped. This district is intended to be applied to land which is used for agricultural,
very low-intensity residential, or open space uses, but which is projected in the Comprehensive
Plan for conversion to more intensive urban uses at such time as community services are available
and community needs for such uses are present. As such, it is a reserved area in which the future
growth of the City can occur.
B. Rural Residential Subdivision (A-OR)
This district allows different infrastructure standards from the more urbanized developments within
the City, and Is intended for developments of a minimum of 50 acres that are to be subdivided into
single-family tracts no smaller than one acre each. Generally, locations are intended to be at the
periphery of the City where infrastructure may not yet be available and not within the urbanized
core, In the developed area of the City, where Infrastructure is available for extension, there may
be locations where a rural subdivision would be appropriate depending on surrounding land uses
and the exIsting road system.
C. Single-Family Residential (R-1)
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.
D. Single-Family Residential (R-1B)
This district is designed to provide land for detached single-family residential suburban
development. This district contains lots that are larger than the minimum R-1 lot, but smaller than
the minimum A-OR.
E. Duplex Residential (R-2)
This district contains land that has been planned for duplex residential pud 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'fam|lydwa|inVyshaUconfnrmtoR-1, 5ing|e'Fami|yReoidentia| Standards.
2. Where parking is provided In the front yard of a duplex, eight-foot setback shU be
setback area must contain a three-foot screen consisting ora continuous berm, hedge, or
wall, In addition, an eight-foot setback shall be required between the dwelling unit and the
nearest side of the parking pad.
F. Townhouse (R-3)
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.
The following supplemental standards shall apply to this district:
Single-family dwellings shall conform to R-1, Single-Family Residential standards,
G. Multi-Family (R-4)
This district provides land for development of apartment and condominium units at low to medium
densities. This district may serve as a transitional zone between lower density residential areas and
other residential or non-residential areas.
The following supplemental standards shall apply to this district:
Ordinance No. 2879 Page 44
1. Duplex dwelling units shall conform to R-2, Duplex Residential standards.
2. Townhouse dwelling units shall conform to R-3,Townhouse standards.
H. High Density Multi-Family (R-6)
This district contains land used for a variety of housing types, but primarily multiple family
dwellings. This district is designed to provide the highest density in the community for
developments in close proximity to the University.
The following supplemental standards shall apply to this district:
1.Duplex dwelling units shall conform to R-2, Duplex Residential standards.
2.Townhouse dwelling units shall conform to R-3,Townhouse standards.
Manufactured Home Park(R-7)
This district contains land Vial is located, designcd and operated as a site fnr 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 contiguous acres.
3.Maximum gross density shall be 10 dwelling units per acre.
4.Minimum setback for a manufactured home from a public street shall be 15 feet.
5.Minimum setback for a manufactured home from a lot line shall be 15 feet.
6.Minimum setback for a manufactured home from a private street, parking, or other common area
shall be 15 feet.
7.Minimum setback between two manufactured homes shall be 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.Parkinganaaa 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 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.
5.2 Residential Dimensional Standards
The foll | table establishes dimensional standards that shall be applied within the Residential Zoning
Districts, unless otherwise identified in this UDO.
Ordinance No. 2879 Page 45
Residential Zoning Districts
Z" (i))
0 o .-i co N co I 'O N
Q Q' K d cc cc cc K U7
L
a V)
Min. Lot Area per Dwelling 5 1 5,000 SF 8,000 SF 3,500 SF 2,000 SF None None
Unit (DU) Acres Acre
Min. Lot Width None None 50' None 35'/DU(E) None None None
Min. I-ot Depth None None 100' None 100' None None None v,
Ln
Min. Front Setback (H) 50' 50' 25'(D) 25'(D) 25'(D) 25'(D) 25'(D) 25'(D) o gi
Min. Side Setback 20' 20' 7.5' 7.5'(C) 7.5'(C) (A) (A)(B) (A)(B) 1'i
Min. Street Side Setback 15' 15' 15' 15' 15' 15' 15' 15' N $
11)
Min. Side Setback between o u
Structures (B) 15' 15' 15' 7.5' 7.5' 7.5' '-
Min. Rear Setback 50' 50' 20' 20' 20'(F) 20' 20' 20' cc
2.5 Stories/ 2.5 Stories/ 2.5 Stories/
Max. Height 35' 35' 35' 35' 35' 35' G G
Max. Dwelling Units/Acre 0.2 1.0 8.0 6.0 12.0 14.0 20.0 30.0 10.0 N/A
Notes:
(A) A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings.
(B) 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.
(C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or
developed simultaneously by single party. Development under lot line construction requires prior approval
by the Zoning Official. In no case shall a single-family residence or duplex be built within 15 feet of another
primary structure. See Article 8, Subdivision Design and Improvements, for more information.
(D) Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard
or rear yard parking is provided.
(E) The minimum lot width for a duplex dwelling may be reduced to 30 feet per dwelling unit when all required
off-street parking is provided in the rear or side yard.
(F) Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard.
(G) Shall abide by Section 7.1.H, Height.
(H) Reference Section 7.1.D.1.e for lots created by plat prior to July 15, 1970.
5.3 Non-Residential Zoning Districts
A. Administrative-Professional (A-P)
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. General Commercial (C-1)
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.
C. Commerdul-TnduwtrIul (Cm2)
This district is designed to provide a location for outlets offering goods and services to a limited
segment of the general public. The uses included primarily serve other commercial and industrial
enterprises.
Ordinance No. 2879 Page 46
D. Light Commercial (C-3)
This district is designed to provide locations for commercial sites that are too small for many
permitted uses in the C-1, General Commercial District. These are moderately low traffic
generators that have little impact on adjacent areas or on adjacent thoroughfares.
The following supplemental standard shall apply to this district:
No C-3 zoning district, including adjacent C-3 zoning districts, shall exceed a combined total of five
acres in area.
E. Light Industrial (M-1)
This district is provided for offices, research and development activities and high technological, light
manufacturing, non-polluting industries that are self-contained. It is further intended that the Light
Industrial District may be compatible with adjacent uses in any other district, depending upon the
character of the operation and the conditions imposed.
F. Heavy Industrial (M-2)
This district is designed to provide land for manufacturing and industrial activities with generation
of nuisance characteristics greater than activities permitted in the C-2 and M-1 zoning districts.
Permitted uses within this district are generally not compatible with residential uses of any density
or lower intensity commercial uses.
G. College and University (C-U)
This district is applied to land which is located within the boundaries of the Texas A&M University
campus or are owned by the University.
H. Research &Development(R&D)
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 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 level thoroughfares. The following supplemental
standards shall apply to this district:
1. Performance Criteria for All Uses
a. Impervious Surface: Impervious surface is limited to 70 percent.
b. Floor Area Ratio (FAR):The maximum FAR in this district shall not exceed 50 percent.
c. Building Materials: All main buildings shall have not less than 90 percent of the total
exterior walls, excluding doors, windows and window walls, constructed or faced with
brick, stone, masonry, stucco or precast concrete panels.
d. Signs: Any detached or freestanding signage shall meet the criteria for low-profile signs
established in Section 7.4, Signs. Materials shall match building facade materials.
e. Other District Regulations: 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 p.m. and 6 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. Additional Standards
a. This section may be applied to any conditional use proposed in this district when either
the Administrator or Development Engineer believe 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 or both shall so advise the Planning and Zoning Commission in
writing.
b. 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 successful management of the new project.
Ordinance No. 2879 Page 47
Any and all 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
zoning application fee.
5.4 Non-Residential Dimensional Standards
The following table establishes dimensional standards that shall be applied within the Non-Residential
Zoning Districts, unless otherwise identified in this UDO:
Non-Residential Zo■ing Districts
A-P C-1 C-2 C-3 M-1 M-2 R&D
Min. Lot Area None None None None None None 20,000
SF
Min. Lot Width 24' 24' 24' 24' 100' None 100'
Min. Lot Depth 100' 100' 100' 100' 200' None 200'
Min. Front Setback 25' 25' 25' 25' 25' 25' 30'
Min. Side Setback (A)(B) (A)(B) (A)(B) (A)(B) (A)(B) (A)(B) 30' (B)
Min. St. Side Setback 15' 15' 15' 15' 15' 25' 30'
Min. Rear Setback 15' 15' 15' 15' 15' 15' 30'(D)
Max. Height (C) (C) (C) (C) (C) (C) (C)
Notes:
(A) A minimum side setback of 7.5 feet shall be required for each building or group of contiguous buildings.
(B) 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 15 feet in width.
(C) See Section 7.1.H, Height.
(D) When abutting non-residentially zoned or used land, the rear setback may be reduced to 20 feet.
5.5 Planned Districts (P-MUD and PDD)
A. The Planned Mixed-Use District (P-MUD) and the Planned Development District (PDD) are intended
to provide such flexibility and performance criteria which 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 which 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 strict application of other
sections or districts in this UDO.
B. Planned Mixed-Use District(P-MUD): The purpose of this district is to permit areas which
encourage 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, residential and non-
residential land uses shall each constitute at least 20 percent of the overall land uses within the
mixed-use development. The remaining 60 percent may be any combination of residential or non-
residential land uses. The residential uses provide the patrons for the office and commercial uses.
The success of these mixed-use areas is directly related to the sensitive master planning of the site
layout.
The P-MUD is appropriate in areas where the land use plan reflects Planned Development or
Redevelopment as a land use category. A P-MUD may be used to permit new or innovative
concepts in land utilization 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 insure against misuse of increased flexibility.
Ordinance No. 2879 Page 48
C. Planned Development District(PDD): The purpose of the Planned Development District is to
promote and encourage innovative development that is sensitive to surrounding land uses and to
the natural environment. If this necessitates varying from certain standards, the proposed
development should demonstrate community benefits.
The PDD is appropriate in areas where the land use plan reflects the specific commercial or
residential uses proposed in the PDD. A PDD may be used to permit new or innovative concepts in
land utilization 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 insure against misuse of increased flexibility. A PDD should not be
used to:
1. Guarantee specific site or building characteristics within a development;
2. Apply additional development standards to a single site;
3. Vary from certain development standards unless community benefits outweigh the requested
modifications; or
4. Combine commercial and residential land uses. A P-MUD shall be used for mixed-use
developments.
5.6 Design Districts
A. Wolf Pen Creek(WPC)
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.
The following supplemental standards shall apply to this district:
1. Development Criteria
a. This Section is intended to ensure that development occurs in compliance with the
Master Plan for the Wolf Pen Creek Corridor. Pertinent to appearance is the design of the
site, building 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. In order to create and then preserve a distinctive atmosphere and character in the Wolf
Pen Creek development corridor, elements listed in 3.6.F, Additional Review Criteria,
shall be considered in the review of all projects and proposals for development.
2. Dedication/Development of Drainage and Pedestrian Accessways
Except for minimum reservation areas dedicated or developed in accordance 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 #2640 and the floodway and the
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 property described in Ordinance #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 Wolf Pen Creek development corridor, the
minimum reservation area may be:
Ordinance No. 2879 Page 49
(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 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 in order 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 Creek in the development corridor and
from 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, foot
bridges with hand rails, 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 in accordance with the Wolf Pen Creek Corridor Study and
Master Plan (1988), the Revised Wolf Pen Creek Master Plan (1998) 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.
h. Cross sections as shown in the original Wolf Pen Creek Master Plan shall be used in
designing improvements unless otherwise approved by the Design Review Board.
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 of College
Station.
b. Fill must not be stored or placed under the driplines of any tree three inches or greater
in caliper.
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 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.
Ordinance No. 2879 Page 50
b. Building service areas and solid waste collection points shall be screened from the creek
corridor, trail system, parking and vehicular use areas, and dedicated streets and shall
not be within 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. All developments adjacent to the creek shall orient a focal point to the floodplain of
the creek and have pedestrian access to the trail system.
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 Design Review Board.
d. Park access easements for vehicular and pedestrian traffic shall be indicated on the site
plan.
e. Elevation drawings showing all sides of a building shall be provided.
8. Building Design
a.Architectural style is not restricted. Evaluation of the appearance of a project shall be
based on the quality of its design and relationship to surroundings.
b. Buildings shall have good scale and be in harmonious conformance with permanent
neighboring development.
c. Materials shall be selected for harmony of the building with adjoining buildings.
d. Materials shall be selected for suitability to the type of buildings and the design in which
they are used. Buildings shall use the same materials, or those that are architecturally
harmonious, for all building walls and other exterior building components wholly or
partly visible from public ways.
e. Materials shall be of durable quality.
f. In any design in which the structural frame is exposed to view, the structural materials
shall be compatible within themselves and harmonious with their surroundings.
g. Building components, such as windows, doors, eaves, and parapets, shall have good
proportions and relationships to one another.
h. Colors shall be harmonious and shall use only compatible accents.
i. Mechanical equipment or other utility hardware on 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.
j. Monotony of design in single or multiple building projects shall be avoided. Variation 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, 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 site, landscape, buildings, and signs.
Ordinance No. 2879 Page 51
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 Section 7.5,
Landscaping and Tree Protection, all landscaping shall meet the following:
a. Where natural or existing topographic patterns contribute to beauty and utility of a
development, they shall be preserved and developed. Modification to topography will be
permitted where it contributes to 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, and color, and for 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.
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
Commercial projects shall follow the requirements of the C-1, General Commercial District in
addition to meeting the following:
a. Every sign shall be designed as an integral architectural element of the building and site
to which it principally relates.
b. Every sign shall have good scale and proportion in its design and in its visual
relationship to buildings and surroundings.
c. The colors, materials, and lighting of every sign shall be restrained and harmonious with
the building and site to which it principally relates.
d. The number of graphic elements on a sign shall be held to the minimum needed to
convey the sign's major message and shall be composed in proportion to the area of the
sign face.
e. Each sign shall be compatible with signs on adjoining premises and shall not compete for
attention.
f. 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.
Ordinance No. 2879 Page 52
d. Major maintenance activities that occur after a project is complete shall be reviewed by
the Design Review Board. These activities include any replacement of light fixtures or
standards, and major fence or landscape work or replacement. The intent is to insure
that the development standards of this UDO are maintained throughout the life of a
project.
B. Northgate Districts (NG)
The Northgate Area is one of the oldest urban areas within the City of College Station. The
Northgate Redevelopment Plan, which is incorporated herein by reference, describes the Northgate
area as having played an important role in serving both the City of College Station and Texas A&M
University and as a unique"campus neighborhood"containing local businesses, churches, and off-
campus housing in close proximity to the University. Existing development in the Northgate area
has aged and deteriorated and, as a result, needs revitalization and redevelopment. Therefore, this
7oning district and zoning regulations have been designed to aid in revitalization and
redevelopment that is compatible with and will serve to preserve the character of the Northgate
area. This zoning district and concomitant regulations are only applicable in this area.
The Northgate District consists of three Subdistricts; (1) NG-1 Core Northgate, (2) NG-2
Commercial Northgate, and (3) NG-3 Residential Northgate.
The following supplemental standards apply to the entire Northgate District.
1. Special Restrictions
Parking and traffic studies conducted for the Northgate Redevelopment Plan reveal that there
is a significant deficiency in the numbers of available parking spaces and that existing
parking and traffic facilities are sub-standard. Because each particular use has relatively
different parking and traffic impacts, when reviewing a project the DRB may require
additional parking and traffic impact studies, a review of existing occupancy, and other
reasonable appropriate data to determine the impact of the project. Additional parking may
be required where studies reveal that it is necessary to relieve or mitigate this impact.
2. Subdistrict Regulations
a. Subdistrict NG-1 Core Northgate
This subdistrict is intended for areas in Northgate containing historically significant
structures that are included in the Northgate Historic Resources Survey, as well as
structures that may be eligible for inclusion in the National Register for Historic Places.
This subdistrict also applies to areas containing a diversity of pedestrian-oriented retail
and entertainment businesses that are in close proximity to on-campus dormitories. This
zoning district shall incorporate regulations in accordance with the Northgate
Redevelopment Plan, which are designed to aid structural rehabilitation and pedestrian-
oriented infill development in a manner compatible with the character of the Northgate
area.
(1) Historic Structures
Structures over 50 years in age that are reflected as high or medium priority
structures in the Northgate Historic Resources Survey or have been determined to
be eligible for inclusion on the National Register of Historic Places shall be treated
using methods and materials in accordance with the Secretary of the Interior's
Standards for Rehabilitation.
(2) Dimensional Requirements
As required by Chapter 3, Building Regulations of the City of College Station Code
of Ordinances. Refer to Section 5.7, Design District Dimensional Standards.
(3) Parking Requirements
Off-street parking shall be as required by the DRB in accordance to parking and
traffic impact study data. The offstreet parking required by the DRB shall not
exceed the minimum parking requirements set forth in the Parking Requirements
contained in Section 7.2, Off-Street Parking Standards.
(4) Bicycle Parking
Projects involving site development or redevelopment require the installation of
• bicycle parking spaces. For commercial businesses, a minimum of two bicycle
parking spaces per business plus one additional space for each 1000 square feet
of floor area above 2,000 square feet shall be required. For apartments or
residential condominiums, a minimum of one bicycle space per dwelling unit shall
Ordinance No. 2879 Page 53
be required. In no case shall more than 20 bicycle parking spaces per business or
apartment building be required.
(5) Landscape Requirements
A landscape plan shall be required for all proposals involving site development or
redevelopment, and shall be reviewed by the DRB in accordance with the
following standards:
(a) Landscape/streetscape improvements shall be required along at least one-
third of the length of a property's frontage onto public streets. Doorway
widths and driveways shall be excluded from frontage calculations.
(b) Live plant material must be included where feasible in each proposal.
(c) Eligible landscape/streetscape improvements shall include raised planter
boxes, at-grade planting beds, indoor window plantings where sidewalks
are too narrow for outside plantings, seating benches, light features,trash
receptacles, decorative railings, and other elements featured in the College
Station Streetscape Plan.
(d) The standards set forth herein are in lieu of, and not in addition to, the
landscaping requirements contained in Section 7.5, Landscaping and Tree
Protection.
(6) Sign Regulations
Attached signs only. Refer to Section 7.4, Signs.
(7) Parking
A three-foot high parking screen shall be provided when parking is adjacent to
public right-of-way. Screening may be accomplished using plantings, berms, or
structural elements.
(8) Dumpsters
Dumpsters shall be kept in the rear of the building and shall be screened with
devices made of masonry or wood with surrounding landscaping. Where feasible,
consolidation of dumpsters may be required by the DRB.
b. Subdistrict NG-2 Commercial Northgate
This subdistrict is intended for areas in Northgate containing larger retail commercial
uses and undeveloped land. This subdistrict also applies to areas identified in the
Northgate Redevelopment Plan as suitable for mixed-use redevelopment in close
proximity to Texas A&M University. This zoning district shall incorporate regulations
designed to aid mixed-use development and redevelopment in a manner compatible with
the general character of the Northgate area.
(1) Dimensional Requirements
As required by Chapter 3, Building Regulations, of the City of College Station
Code of Ordinances. Refer to Section 5.7, Design District Dimensional Standards.
(2) Parking Requirements
Off-street parking shall be required by the DRB in accordance to parking and
traffic impact study data. The offstreet parking required by the DRB shall not
exceed the minimum parking requirements set forth in the parking requirements
contained in Section 7.2, Off-Street Parking Standards.
(3) Bicycle Parking
Projects involving site development or redevelopment require the installation of
bicycle parking spaces. For commercial businesses,a minimum of 2 bicycle
parking spaces per business plus 1 additional space for each 1,000 square feet of
floor area above 2,000 square feet shall be required. For apartments or
residential condominiums, a minimum of 1 bicycle space per unit shall be
required. In no case shall more than 20 bicycle parking spaces per business or
apartment building be required.
(4) Landscape Requirements
A landscape plan shall be required for all proposals involving site development or
redevelopment, and shall be reviewed by the DRB in accordance with the
following standards:
Ordinance No. 2879 Page 54
(a) Landscape/streetscape improvements shall be required along at least one-
third of the length of a property's frontage onto public streets. Doorway
widths and driveways shall be excluded from frontage calculations.
(b) Live plant material must be included where feasible in each proposal.
(c) Eligible landscape/streetscape improvements shall include raised planter
boxes, at-grade planting beds, indoor window plantings where sidewalks
are too narrow for outside plantings, seating benches, light features, trash
receptacles, decorative railings, and other elements featured in the College
Station Streetscape Plan.
(d) The standards set forth herein are in lieu of, and not in addition to, the
landscaping requirements contained in Section 7.5, Landscaping and Tree
Protection.
(5) Sign Regulations
Attached signs only. Refer to Section 7.4, Signs. Provided however, if the
applicable site complies with both the area requirements and landscape
requirements established for subdistrict NG-2 and district C-1, the sign
regulations for the NG-2 subdistrict shall be the same as those established for the
C-1 district.
(6) Parking Screening
A 3-foot high parking screen shall be provided between parking and adjacent
public rights-of-way. Screening may be accomplished using plantings, berms, or
structural elements.
(7) Dumpsters
Dumpsters shall be kept in the rear of the building and shall be screened with
devices made of masonry or wood with surrounding landscaping. Consolidation of
dumpsters shall be encouraged by the DRB.
c. Subdistrict NG-3 Residential Northgate
This subdistrict is intended for areas in Northgate containing a variety of residential uses
and structures, some of which may be historically significant and included in the
Northgate Historic Resources Survey. This sub-district also applies to areas determined
to be suitable for higher density residential developments due to its close proximity to
Texas A&M University. This zoning district incorporates regulations in accordance with
the Northgate Redevelopment Plan, which are designed to aid pedestrian-oriented
redevelopment in a manner compatible with the residential character of the Northgate
area.
(1) Area Requirements
As required by Chapter 3, Building Regulations of the City of College Station Code
of Ordinances. Refer to Section 5.7, Design District Dimensional Standards
(2) Parking Requirements
Off-street parking shall be required by the DRB in accordance to parking and
traffic impact study data. The offstreet parking required by the DRB shall not
exceed the minimum parking requirements set forth in the Parking Requirements
contained in Section 7.2, Off-Street Parking Standards.
(3) Bicycle Parking
Projects involving site development or redevelopment require the installation of a
minimum of one bicycle space per dwelling unit. In no case shall more than 20
bicycle parking spaces per apartment project be required.
Ordinance No. 2879 Page 55
(4) Landscape Requirements
A landscape plan shall be required for all proposals involving site development or
redevelopment, and shall be reviewed by the DRB in accordance with the
following standards:
(a) Landscape/streetscape improvements shall be required along at least one-
third of the length of a property's frontage onto public streets. Doorway
widths and driveways shall be excluded from frontage calculations.
(b) Live plant material must be included where feasible in each proposal.
(c) Eligible landscape/streetscape improvements shall include raised planter
boxes, al-grade planting beds, indoor window plantings where sidewalks
are too narrow for outside plantings, seating benches, light features,trash
receptacles, decorative railings, and other elements teatured in the College
Station Streetscape Plan.
(d) The standards set forth herein are in lieu of, and not in addition to, the
Landscaping Requirements contained in Section 7.5, Landscaping and Tree
Protection.
(5) Sign Regulations
Attached signs only. Refer to Section 7.4, Signs.
(6) Parking Screening
A 3-foot high parking screen shall be provided when parking is adjacent to public
rights-of-way. Screening may be accomplished using plantings, berms, or
structural elements.
(7) Dumpsters
Dumpsters shall be kept in the rear of the building and shall be screened with
devices made of masonry or wood with surrounding landscaping. Where feasible,
consolidation of dumpsters may be required by the DRB.
5.7 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
NG-1 NG-2 NG-3 WPC
Minimum Lot Area None None None 2,400 SF
Minimum Lot Width None None None 24'
Minimum Lot Depth None None None 100'
Minimum Front Setback None None None 25'
Minimum Side Setback None None None None (A)
Minimum Side Street Setback None None None 15'
Minimum Rear Setback None None None 15'
Maximum Setback from a Right-of-Way (B) 10' (C) None 10' (C) None
Maximum Height None None None None
Minimum Height 2 Stories (D) None 2 Stories (D) None
Minimum Floor to Area Ratio (FAR) 1 (E) None 1 (E) None
Notes:
(A) 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.
(B) Maximum setback from any property line adjacent to ROW, including lots with single frontage, lots with
double frontage, and corner lots with multiple frontages.
(C) Ten feet or the width of any public easement In excess of ten feet.
Ordinance No. 2879 Page 56
(D) A one-story structure may be erected if all facades are a minimum of 20 feet in height.
(E) This area calculation shall not include any lot area encumbered by required easements, setbacks, sidewalks,
or detention.
5.8 Overlay Districts
In the event that an area is rezoned to apply overlay district provisions, 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 requirements of the overlay district are to be applied in addition to the underlying use and
site restrictions.
A. Corridor Overlay (OV) District
This district is established to enhance the image of gateways and key entry points, major corridors,
and ether 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 40 feet from the right-of-way. Where parking is located in the
front of the building, there shall be a front setback of 20 feet from the right-of-way to the
parking area and all drive aisles.
2. Signs
a. Signs shall include no more than three colors and two lettering (font) styles. At least one
of the colors must match the predominant colors of the building. For the purposes of this
section, black or white shall not be considered as colors unless requested to be so by the
applicant.
b. Freestanding signs shall be limited to the restrictions of Section 7.4, Signs, 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 permits gasoline service stations and a station
is proposed, the following restrictions shall apply:
a. Activities Restricted
(1) No major emergency auto repair; and
(2) No body, fender, or paint work.
b. Signs
(1) Sign height shall be restricted by the provisions of Section 7.4_Signs, 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 Section 7.4 Signs.
B. Redevelopment District(RDD)
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 Redevelopment District (RDD) 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
A Redevelopment District(RDD) may be established upon any commercially-zoned property
where the initial development was established a minimum of 20 years prior to 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 close proximity to Texas A&M University.
Ordinance No. 2879 Page 57
2. Standards
Although every effort should be made to meet all requirements of this UDO, designated
Redevelopment Districts may be allowed to waive up to 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 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.
Full engineering of sites may not be required for the establishment of a 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 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.
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.
C. Krenek Tap Corridor Overlay District(KO)
The purpose of this overlay is to provide for consistent development of office, retail, and residential
uses in the area of the new City Centre Complex. The City Centre Complex is located on the south
side of Krenek Tap Road, and will contain several municipal and public facilities having high quality
urban design characteristics. This overlay, along with all other applicable requirements of the
Unified Development Ordinance (UDO), shall apply to all properties on the north and south sides of
Krenek Tap Road.
Uses
Permitted uses shall be those as established in the underlying zoning districts with the exception
that duplex dwelling units are not allowed anywhere in the overlay district.
Design Standards
The following standards apply to all development, except single family residential development,
along the Krenek Tap Corridor in addition to other design standards contained within the UDO.
1. Parking
No parking or circulation aisle shall be located between a building and the adjoining right-of-
way of Krenek Tap Road. Where no building exists and parking is to be installed adjacent to
a right-of-way, there shall be a thirty foot (30') setback from the right-of-way line to the
parking pavement, within which a three foot (3') high screen of shrubs, fencing wall, or
earthen berm shall be installed.
2. Architectural Design
All building facades facing Krenek Tap Road shall have architectural treatments similar and
complimentary to the front facade of the building. All exterior walls visible from the public
right-of-way shall be finished with one or more of the following materials: brick, native
Ordinance No. 2879 Page 58
stone, cast stone, textured concrete masonry units, fiber/cement board, solid wood planking,
stucco, or synthetic stucco. Metal siding is prohibited on all exterior walls. There shall be no
flat roofs.
Use of alternative materials may be approved by the Design Review Board, if such materials
meet or exceed the standards herein.
When an existing structure is enlarged or modified, the DRB may approve materials other
than the standard materials above, if this allows the new construction to be more compatible
with existing materials, with the exception that metal siding is not allowed.
3. Reflective Glass
For non-residential buildings, no more than fifty percent (50%) of any façade facing Krenek
Tap Roadway may include reflective glass. For the purposes of this ordinance, reflective
glass shall be defined as glass having a reflectance of greater than ten percent(10%).
4. Fencing
Any fencing visible from the public designated roadway or public area shall be decorative
wrought iron or tubular steel, a picket fence or alternative similar products approved by the
Design Review Board. Fences along the right-of-way shall not be solid and shall allow visual
access to the development. The materials and height limitation referenced above do not
apply to fences required for screening as specified in this UDO.
5. Sign Regulations
Only attached building signs and low proflie signs meeting the requirements of the UDO shall
be permitted. Building signs shall not obscure other building elements such as windows,
cornices, decorative details, etc.
Design Standards
The following standards apply specifically to single family and townhome residential development
along the Krenek Tap Corridor in addition to other design standards contained within the UDO
applicable to single family development.
1. Front Setback
Residential lots adjacent to Krenek Tap right-of-way shall be oriented so that the front
facades of individual units or dwellings face Krenek Tap Road, if there is sufficient property
frontage to do so. The front setback of these units shall not exceed fifteen feet(15'). This
does not preclude residential street access to Krenek or pedestrian access.
2. Front Porches
Every front fagade visible from Krenek Tap Road shall contain a front porch extending along
at least one half of the front fagade. These porches shall be large enough and useable for
outdoor seating and not solely decorative.
3. Parking
No driveways or locations for parking shall be allowed in the yard areas facing Krenek Tap
Road or along Krenek Tap Road itself. Rear parking and access shall be required.
4. Architectural Design
All exterior walls visible from the public right-of-way shall be finished in the following
materials: brick, native stone, cast stone, textured concrete masonry units, fiber/cement
board, solid wood planking, stucco, or synthetic stucco. Metal siding is prohibited on all
exterior walls. Alternative materials may be approved by the Design Review Board, if the
alternative materials meet or exceed the standards of the materials listed above. The
primary material shall not exceed seventy-five percent(75%) of the fagade. The fagade
calculation excludes windows and doors. There shall be no flat roofs.
Ordinance No. 2879 Page59
APPENDIX V
Article 6. Use Regulations
6.1 Purpose
The intent of this Article is to provide for patterns of land use consistent with the Comprehensive Plan, and to
encourage the arrangement of land uses so as to minimize conflicts among various types of land use
activities while recognizing the City's need for such activities.
6.2 Types of Use
A. Uses of land or structures which are not expressly listed in the Use Table as permitted uses (P),
permitted uses subject to specific use standards (P*), or conditional uses (C) in a zoning district or
planned development are prohibited uses and shall not be established in that district or planned
development.
B. The Administrator shall determine whether or not an unlisted use, that is otherwise prohibited, as
stated above should be processed. In doing so, the Administrator shall utilize purpose statements
adopted herein in conjunction with the applicable zoning district, and consideration of the following
criteria:
1. The actual or anticipated characteristics of the activity in relationship to known characteristics
of similar projects in standard planning practice;
2. The relative amount of site area, floor space, and equipment;
3. Relative volumes of sales from each activity;
4. The customer type for each activity;
5. The relative number of employees in each activity;
6. Hours of operation;
7. Building and site arrangement;
8. Vehicles used with the activity and the relative number of vehicle trips generated by the use;
and
9. How the use advertises itself.
C. Use Table
Except as otherwise specifically provided herein, regulations governing the use of land and structures
with the various zoning districts and classifications of planned developments are hereby established
as shown in the following Use Table.
1. Permitted Uses
A"P" indicates that a use is allowed by right in the respective district. Such uses are subject to
all other applicable regulations of this UDO.
2. Permitted Uses Subject to Specific Standards
A"P*"indicates a use that will be permitted, provided that the use meets the provisions in
Section 6.3, Specific Use Standards. Such uses are also subject to all other applicable
regulations of this UDO.
Ordinance No. 2879 Page60
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 Section 6.2, Specific Use Standards. Conditional uses are subject to all other applicable
regulations of this UDO.
Ordinance No. 2879
� ,< -tV Residential Districts Non-Residential Districts
Specific Uses A A R R R R R R R CC R MMC WN N N
- - P GGG
0 0 1 1 2 3 4 6 7 M 2 3 & 1 2 U C - - -
R B * * * * * * * 1 2 3
* * * * * UD * D * * * *
* * * * *
* *
i
KEY: P = Permitted by Right; P* = Permitted Subject to Specific Use Standards; C = Conditional Use
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Boarding &Rooming House P P P P
Extended Care Facility/Convalescent/Nursing Home P P P P P P
Dormitory P P P P P P
Duplex P P P P
Fraternity/Sorority P P P P P
Manufactured Home P* P* P*
Multi-Family P P P Cl P P P
Multi-Family built prior to January 2002 P P PPPP
Single-Family Detached PPPPPP , P
Townhouse P P P P P
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Educational Facility, College&University P
Educational Facility, Indoor Instruction PPPPP PPPP
Educational Facility, Outdoor Instruction P C P P P
Educational Facility, Primary&Secondary PPPPPP PPPPP
Educational Facility,Tutoring PPPP PPPP
Educational Facility, Vocational/Trade PPPP P P
Governmental Facilities P* P* P* P* P* P* P* P* P* P P P P P P P P P P P PP*
Health Care, Hospitals P P
Health Care, Medical Clinics PPPP P P
Parks PPPPPPPPPPPPPPPPP PPPP
Places of Worship P* P* P* P* P* P* P* P* P* P P P PPPPPP PP PP
[r,. r -. r' ,xyex.,r.: ,.. '.w+,';T e� .�:, ci N : Y -+.4 v.'" ....�, -4,,- ..:a ,+y, .-.,. ? ...iwz
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C0 lir.N OFef AND rtG` ,: ks"' �.%,:, , W •d > j a
.i.. ..:_..R„ •.,,.� ..,.n ..,�...�.........ksi.. .... ���."„h-� .......�2.. ,.�,.,�s,.:�`_,_�;�'`�.u -'%�"',�"���, �`.s.�.,u�£�.u,..�.....,:�_...'�. �:,�.r.�^ mzt �'-� `x.� �.„;,'k�•.i:*. ,., .. ,.a`•:'�:_r,�.,, .,�,.,.w ... ..
Agricultural Use, Barn or Stable for Private Stock P P
Agricultural Use, Farm or Pasturage P P
Agricultural Use, Farm Product Processing P
Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right.
** District with Supplemental Standards (Refer to Article 5).
Ordinance No. 2879
ARAMORMINTANiNat:'.? Residential Districts Non-Residential Districts
Specific Uses A A RR RRR R R P A CCRMMCW 6 6 6
O O 1 1 2 3 4 6 7M P 2 3 & 1 2 U C - - -
R B * * * * * * * 1 2 3
* * * * * UD * D * * * *
* * * * *
**
KEY: P = Permitted by Right; P* = Permitted Subject to Specific Use Standards; C = Conditional Use
'moi?�,, .:. .,. _<w. .._�"+8�.;ro^�_�_.. ,,,. n.�.....� -.. ..,,r7.. ... ,:. � ...„..,;: Fy'{:,' .f :'+;�kl '^✓Fe' .� ..r�:.:=�v i� ui�a'"^'u' �a F. �:"wrs`` "`�+s
. � A ”" __av,." 'a,.ro EMPIS '{ .'.t.�f]; 42 : s ` 'rss°aMi k'. .,n' .1 C»'a! -v"'fttO x,yr a :n' -:u < y
COMM:ERCIA �FF�ICEAND R �AIt:Pc�ontrn��ed �.s� � , : ,,. ..�r, . .� � ,� __�,�. h � �� G '��`� �� �,� �-�: r Y�w,� 5v„�
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Animal Care Facility, Indoor PPPPP P P P
Animal Care Facility, Outdoor P* P
Art Studio/Gallery P P P P P P PP
Car Wash P*
Commercial Garden/Greenhouse/Landscape Maintenance P* P* P* P*
Commercial Amusements P P* P* P P P
Conference/Convention Center P P P P P P
Country Club P PPP P P P
Day Care, Commercial CCCP P P P P P P
Drive-in/thru window P C P
Dry Cleaners&Laundry P* P* P P P* P* P* P* P*
Fraternal Lodge P P P P P P
Fuel Sales P* P* P* P P*
Funeral Homes P P P
Golf Course or Driving Range P* P* P* P*
Health Club/Sports Facility, Indoor P P P P P PP
Health Club/Sports Facility, Outdoor P P P P
Hotels P P P P P
Night Club, Bar or Tavern C C P P P
Offices P P P P P P P P PP PP
Parking as a Primary Use PCPP P C
Personal Service Shop P P P P PPPP
Printing/Copy Shop PPPPP P P P
Radio/TV station/studios PPPPP P P P
Restaurants P P P* P P P P*
1 Multi-family residential uses located in stories or floors above retail commercial uses are permitted by right.
**District with Supplemental Standards (Refer to Article 5).
Ordinance No. 2879
;7LWI'I,. aggitigilagg " ;tatin0-4 .. �'�` �', 4 Residential Districts Non-Residential Districts
Specific Uses A A RR R R RR R P R M WNNN
P GGG
001123467m & 1 C - -
R B * * * * * * 1 2 3
* * * *
KEY: P = Permitted by Right ; P* = Permitted Subject to Specific Use Standards; C = Conditional Use
;,�e.,: .....,{. .,. ..... '�4..,;:'--. ;�..,. wtx- "."'�• 't�'�.�-"s ,�*': `k
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GO[N .OF,Y
Retail Sales- Single Tenant over 50,000 SF P P
Retail Sales and Service P P* P* P PP PP
Sexually Oriented Business (SOB) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P*
Shooting Range, Indoor P P P P
Theater P P P P PC
Retail Sales, Manufactured Homes P*
Storage, Self Service P P P* P
Vehicular Sales, Rental, Repair and Service P* P* P*
Wholesales/Services P* P* P P
Bulk Storage Tanks/Cold Storage Plant P P
Industrial, Light P P P P
Industrial, Heavy P
Recycling Facility- Large P*
Salvage Yard P*
Scientific Testing/Research Laboratory P P P
Storage, Outdoor- Equipment or Materials P P P
Truck Stop/Freight or Trucking Terminal P
Utility P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P*
Warehousing/Distribution P P P
Waste Services P
Wireless Telecommunication Facilities - Intermediate P* P* P* P* P* P* P* P* P* P* P* P* P*
Wireless Telecommunication Facilities- Major C C C C C C C P*
Wireless Telecommunication Facilities - Lnregulated PPPPPPPPPPPPPPPPP P P P
1 Multi-family residential uses located n stories or floors above retail commercial uses are permitted by right.
**District with Supplemental Standards (Refer to Article 5).
Ordinance No. 2879 Page 64
6.3 Specific Use Standards
The following specific use standards shall apply to those uses listed below and identified in the Use Table in
Section 6.2,Types of Use, with a"P*." A site plan review, as required by Section 3.5, Site Plan Review, is
required for all specific uses identified herein. For the purposes of this section, buffers shall comply with
Section 7.6, Buffer Requirements 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 housing, townhomes, and duplexes.
A. Animal Care Facilities
Any animal care facilities with defined outdoor uses and/or facilities shall be located a minimum of
500 feet from existing or developing residential areas; and facilities with outdoor facilities for large
animals shall be permitted in A-O, Agricultural Open, only.
B. Car Wash
Vacuums shall be located a minimum of 100 feet from any adjacent residential use.
C. Commercial Amusements
All outdoor activity must be located a minimum of 300 feet from an existing residential use.
D. Commercial Garden/Greenhouse/Landscape Maintenance
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 50 feet from all property
lines and not closer than 150 feet from an existing residential use.
E. Dry Cleaners/Laundry
All activity must be wholly contained within a building not to exceed 3,000 square feet in size.
F. Fuel Sales
1. Any vehicle repair uses must comply with Section 6.3.P,Vehicular Sales, Rental, Repair and
Service.
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 Section 7.4, Signs, may be allowed within
view of the right-of-way.
5. No outside storage or display of vehicles for any purpose.
6. A drive-thru car wash designed to accommodate one vehicle shall be permitted as an
accessory use.
7. In C-3, Light Commercial fuels sales shall be limited to facilities designed to accommodate a
maximum of four vehicles obtaining fuel simultaneously.
8. Minimum setback requirements shall be as follows:
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.
Ordinance No. 2879 Page 65
G. Golf Course or Driving Range
1. All driving ranges shall be a minimum of 10 acres and have a minimum field size of 275 yards.
2. Driving ranges are classified as commercial enterprises and must comply with Section 7.6,
Buffer Requirements.
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 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.
H. Government Facilities and Utilities
Activities not wholly contained within a building shall not be located within 100 feet of a single-family
residential use unless buffered by a 25 foot buffer yard and a six-foot privacy fence, in accordance
with Section 7.6, Buffer Requirements.
I. Manufactured Homes
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 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 months of occupancy of the lot.
J. Mobile Home
A mobile home, after the effective date of this UDO, may not be located within the corporate limits of
College Station for residential dwelling. A mobile home legally located within the corporate 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.
K. Retail Sales/Manufactured Homes
Manufactured homes undergoing repair and remaining on site in excess of 48 hours shall be
screened from public view in an enclosed area.
L. Recycling Facilities
1. Any facility located within 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.
Ordinance No. 2879 Page 66
2. Light processing, including compacting, baling, and shredding, must be directly related to
efficient temporary storage and shipment of materials. No facility as described in this
subsection shall abut property zoned or developed for single-family residential use.
3. A minimum of six parking spaces shall be provided, plus one space per employee and for each
vehicle of the facility.
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 operations shall be conspicuously
displayed. All sign regulations of the district in which the facility is located shall apply.
5. Each facility shall be screened trom the public right-ot-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 feet in height.
M. Restaurant
1. The maximum size shall be 2,500 square feet.
2. Drive-ins and drive-thrus are prohibited.
N. Sales and Service (Retail and Wholesale)
Sales Matrix
Cl
io
C-1 General Commercial C-2 Commercial/Industrial
0
(Ii
W
C-1 General Commercial C-2 Commercial/Industrial
a Minor STORAGE Major
(3)
CC
1. Storage is allowed in C-1 if the square feet of storage is less than 50% of the total physical
space, exclusive of office areas.
2. Sales are allowed in C-2 if the square feet of sales is less than 50% of the total physical
space, exclusive of office area.
3. Each sales use in a shopping center must meet the storage square-foot criteria above to be
permitted in that zoning district.
0. Salvage Yard
1. Salvage or junkyards shall be visually screened on front, rear, and all sides by means of a solid
eight-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.
Ordinance No. 2879 Page 67
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 cubic feet or more, from which the door has not been removed.
P. 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 or more coin-operated machines that are subject to regulation or
taxation, or both under State law.
Regulations contained within tills UDO pertaining lu sexually-urienled businesses are based un
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:
Detroit, Michigan
Amarillo,Texas
Los Angeles, California
• Indianapolis, Indiana
Phoenix, Arizona
St. Paul, Minnesota
Beaumont,Texas
Seattle, Washington
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.
Map of the Potential Location:
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Ordinance No. 2879 Page 69
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.
3. Single Adult Use Per Location
There shall only be one 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 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 one-
half of the area of any aisles adjacent to the display or sales of sexually-oriented
materials.
5. Specific Standards
c. Adult Cabaret or Adult Retail Store
Any performance area shall be elevated at least 24 inches above the level of the patron
seating areas and shall be separated by a distance of at least six feet from all areas of the
premises to which patrons have access. A continuous railing at least three feet in height,
securely attached to the floor, and located at least six feet from all points of the live
performance area shall separate performance areas and patron areas.
d. 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 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 foot from the top of
the station, room or booth walls or one 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.
Ordinance No. 2879 Page 70
e. 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 feet in height. Such an area shall incorporate a
management-controlled system of access to ensure that only persons over the age of 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 year after the
effective date of this ordinance unless voluntarily discontinued for a period of 30 days or more.
One 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
his investment in his sexually-oriented business by the date for the termination of such
uses, the owner may request additional time by making application with the Administrator
no later than the date for termination of the use.
b. Application for Additional Time
The owner shall file, with his request for additional time, all data he wishes 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 his investment in the sexually-oriented
business;
2) The owner will be unable to recoup his 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
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 such application no less than sixty 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
Ordinance No. 2879 Page 71
5) That all other applicable provisions of this UDO will be observed.
If an exemption is granted, such exemption shall be valid for a period of one 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 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.
Q. Storage, Self-Service
Accessory uses ore prohibited.
R. Utilities
Activities not wholly contained within a building that abuts single-family residential uses shall
construct a 20-foot buffer yard with a 6-foot privacy fence, in accordance with Section 7.6, Buffer
Requirements.
S. Vehicular Sales, Rental, Repair and Service
1. Vehicles undergoing repair, painting, or body work which will remain on site in excess of 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 30 days.
3. All parts, including automobile body parts, shall be stored within an area which is completely
screened from public view.
T. Wireless Telecommunication Facility (WTF)
1. Purpose
The purpose of this section is to establish regulations pertaining to wireless
telecommunications facilities that are consistent with federal and state law. The City Council of
the City of College Station 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
business;
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 City; 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. WTF Categories
In order to expedite the siting and review process, WTFs have been divided into use
categories. The review process is more thorough as the intensity of the use increases.
a. Unregulated Facilities
The WTFs 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 codes,
ordinances, and permits.
• 1) Over the air reception devices exempted from local ordinances by the Federal
Communications Commission (FCC).
Ordinance No. 2879 Page 72
2) Parabolic antenna less than 2 meters in diameter.
3) Omni-directional antenna (whip antenna) 6 inches or less in diameter and not
extending more than 12 feet above support structure.
4) Directional antenna 1 meter or less measured across the longest dimension and not
extending over 12 feet above support structure.
5) Public safety tower or antenna.
b. Intermediate Facilities
1) New transmission tower less than 35 feet (10.5 meters) in height.
2) New transmission tower that does not extend more than 35 feet (10.5 meters) in
height above a support structure and that meets the definition of a stealth facility.
3) Parabolic antenna over 2 meters in diameter.
4) Omni-directional antenna (whip antenna greater than 6 inches in diameter and/or
extending 12 feet above the support structure.
5) Directional antenna more than 1 meter measured across the longest dimension and
extending over 12 feet above support structure.
6) Attached WTFs.
c. Major Facilities
New transmission tower greater than 35 feet (10.5 meters) in height.
3. Permitted Locations
a. All Intermediate WTFs are permitted by right in the following zoning districts:
A-0 M-1 C-1 M-2
A-P R&D C-2 PDD (except PDD-H)
WPC NG C-3 City-owned premises
b. Major WTFs are allowed in the following zoning districts with a Conditional Use Permit
M-2 M-1 C-1 C-3
A-P R&D C-2 City-owned premises
c. WTFs may locate on city-owned premises without a conditional use permit with approval
of the City Council and subject to the requirements of this ordinance.
4. Requirements for New Transmission Towers
a. Setbacks
The standard setbacks for each zoning district will apply to WTFs with additional setbacks
or separation being required in the sections below. To protect citizens in their homes,
transmission towers shall be placed a distance equal to the height of the tower away from
any residential structure. And, non-stealth towers shall be set back a distance equal to
the height of the tower away from any R-1, R-1B, or R-2 zone boundary.
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 WTFs 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 Thoroughfare Plan.
1) Intermediate WTFs must be 150 feet from applicable thoroughfares.
2) Major WTFs must setback from applicable thoroughfares by the height of the tower
x 3.
Ordinance No. 2879 Page 73
c. Separation Between Towers
In order 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 35 feet or less in height shall be separated from existing
towers by a minimum distance of 1500 feet.
2) New transmission towers more than 35 feet and less than 75 feet in height shall be
separated from existing towers by a minimum distance of 2500 feet.
3) New transmission towers 75 feet or more in height shall be separated from existing
towers by a minimum distance of 3500 feet.
d. Height Limitations
1) Intermediate WTFs are subject to the normal height restrictions for each zoning
district where 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 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 this section.
5. Landscaping, Screening,And Aesthetic Standards
The following requirements shall govern any transmission tower or any parabolic antenna
larger than two (2) meters.
a. Landscaping: Refer to Section 7.5, Landscaping and Tree Protection. Plant materials
and/or fencing that effectively screen the WTF site from view of the public right-of-way
will be required.
b. 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).
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 so as to make the
antenna and related equipment as visually unobtrusive as possible.
d. WTFs shall not be artificially lighted with the exception of motion detectors as security
lighting, unless required by the FAA or other applicable authority. 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.
e. Towers may not be used to exhibit any signage or other advertising.
6. Attached WTFs
WTFs may attach to the exterior of any non-residential and non-historic 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 projects no more than 24 inches from the
surface of the building to which it is attached and does not raise the height of the building
more than 10 feet and does not violate the maximum height restriction of that zoning district.
The attached WTF must be colored so as to blend with the surrounding surface of the building.
Ordinance No. 2879 Page 74
7. Stealth Antennas
Any antenna meeting the stealth antenna definition of this ordinance and locating on an
alternative mounting structure may attach to the exterior of any non-residential building within
any zoning district with approval of the zoning official.
8. Application Procedures
a. Site Plan Requirements
An application for administrative approval or a Conditional Use Permit for a WTF shall
include the following items (in addition to the site plan and other information required for
a standard CUP application):
b. An inventory of the applicant's existing and future towers that are either within the City,
the City's ETJ, or within at least one (1) mile of the City's boundary where the ETJ does
not extend that far. 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.
c. 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.
d. The linear separation distance from other transmission towers within a one-mile radius of
the proposed tower site. The linear separation distance from all residentially-zoned
properties, residential structures and applicable thoroughfares as outlined in Section
6.3.T.4.b, Proximity to Major Thoroughfares, within 500 feet of the proposed tower.
e. A visual impact analysis, presented as color photo simulations, showing the proposed site
of the WTF. 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
from adjacent roadways. The photo-realistic representation shall depict a "skyline"view
showing the entire height of the proposed tower or WTF to scale, and the structures,
trees, and any other objects contributing to the skyline profile.
f. 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 eighty (80)
miles per hour.
g. 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.
h. Grid plan (propagation map) of the service area for existing and future structures for a
period of not less than five (5) years. The submission should include a map showing the
"search ring" that was required for siting the proposed facility.
9. Collocation Requirements
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.
10. Documentation of Need and Alternatives
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
Ordinance No. 7R79 Page 75
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 zoning
official 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 mile radius of the proposed new tower site,
including City-owned property.
b. A sworn 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 one-half(1/2) 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 microcell, cannot be utilized to accomplish the provision of the applicant's
telecommunications services.
11. Conditional Use Permits
Major WTFs must apply for a conditional use permit (CUP)as outlined in Section 6.3.Q.3,
Permit table Locations, under the procedures set forth in Section 3.13, Conditional Use Permit.
In addition to the standard guidelines, the following additional factors shall be considered by
the Planning &Zoning Commission when determining whether to grant a CUP for WTFs:
a. Height of the proposed tower, surrounding topography and surrounding tree coverage and
foliage as they relate to:
1) Skyline impact, examining whether the proportions 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.
12. Abandonment
Any WTF that is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such facility shall remove same within 60 days of receipt of
notice from the City notifying owner of such abandonment. If such facility is not removed
within said 60 days, the City may remove such facility at the property owner's expense. If
there are two or more users of a single WTF, then this provision shall not become effective
until all users cease operations on the tower.
Ordinance No. 2879 Page 76
U. Places of Worship
1. Where the parking lot abuts residential development, a 10-foot buffer yard with buffer
plantings and a minimum 6-foot privacy fence is required pursuant to Section 7.6, Buffer
Requirements.
2. When outdoor accessory uses including, but not limited to, playgrounds, recreational areas,
and special event areas abut residential uses, a minimum 15-foot buffer yard with buffer
plantings and a 6-foot privacy fence is required pursuant to Section 7.6, Buffer Requirements.
6.4 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
6. 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.
7. 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 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.
8. The following restrictions shall apply to accessory buildings, structures, or uses other than
garages, carports, and living quarters for family or servants:
a. A minimum rear setback of 15 feet; and,
b. A maximum building eave height of eight feet.
2. Garage and Carports
Garages and carports in residential zoning districts, including those of a temporary nature,
shall have a minimum rear setback of 20 feet. A minimum side yard setback of 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:
a. A minimum rear setback of 20 feet; and,
Ordinance No. 2879 Page 77
b. A minimum side street setback of 20 feet is required for garages or carports that face onto
side streets.
3. Living Quarters
Accessory apartments may not be rented to persons other than bona fide servants employed
on the premises and members of the family of the occupant(s) of the principal structure.
a. Single meter service shall be provided to each buildable parcel.
b. The accessory use shall be subordinate to and serve a primary use or principal structure.
c. In combination, all accessory uses shall contain no more square footage than 25 percent
of the habitable floor arca of the principal structure (with the exception of garage or
carport areas devoted to the storage of vehicles, which shall not be included in the
calculation and may exceed We 25 percent reslriclion).
d. A minimum rear setback as stated in Section 5.2, Residential Dimensional Standards, for
the district in which the accessory building or structure is located; and
e. A maximum size not to exceed 25 percent of the area of the principal structure.
C. Home Occupation
A home occupation is that 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 or fewer people)
2. Bed &Breakfast
A bed and breakfast facility shall be considered accessory to a single-family dwelling.
a. No more than four 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 number of rooms to four where shared/common bathrooms may be provided.
d. No cooking facilities are permitted in individual rooms.
3. 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, sewerage, or water 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 vehicles at any one 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 the any outside storage or display; or
I. Includes employment within the home or on the premise of persons other than members
of the occupant family.
Ordinance No. 2879 Page 78
4. Prohibited Home Occupations
The following are prohibited as home occupations:
a. Barber, beauty, and other personal service shops;
b. Animal hospitals, stables, or kennels;
c. Dance studios, 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 office; 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 be in compliance with all City codes. No facility may occupy more than 500 square feet,
nor occupy more than five 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 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 24-hour donation of materials shall be a minimum of 40 feet from
property zoned or developed for residential use. Attended facilities within 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 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 60 dBA as measured at the property line of residentially-
zoned or developed property, otherwise noise levels shall not exceed 70 dBA.
e. Signage
Each container must be clearly labeled with a sign, limited to one per container and no
larger than 20 percent of the side upon which the sign is placed, to provide information
pertaining to the type of material to be collected within the container, and the name and
Ordinance No. 2879 Page 79
telephone number of a person responsible for maintenance who may be contacted at all
times. days between the issuance of permits.
6.5 Temporary Uses
Temporary Uses, as set forth below, are declared to have characteristics which require certain controls in
order to insure 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 but 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; and
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 completion of the
associated project.
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 on-going 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 95 percent of
the associated residential units or when use 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 sale of the home.
Ordinance No. 2879 Page 80
APPENDIX VI
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.
7.1 General Provisions
A. Health and Environmental Safeguards
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 greater than ten or less than five;
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.
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 Chapter
11, Section 2 of the COLLEGE STATION CODE OF ORDINANCES, as amended.
4. Utilities using land or an unoccupied building covering less than 1,000 square feet of site area
shall be exempt from minimum lot area standards.
C. Visibility at Intersections in all Districts
Within a triangle defined by the property lines and a line joining two points located 20 feet back
from the intersection of the property lines, nothing shall be erected, placed, planted, or allowed to
grow in such a manner as materially to impair vehicle drivers' vision at intersections. In addition,
for commercial and multifamily driveways, a visibility triangle defined by the curb lines and a line
joining two points located 20 feet back from the intersection of the curb lines shall apply. Fences,
walls, and/or hedges may be permitted in visibility triangles provided that such fences, walls,
and/or hedges do not impair vision from three feet to six feet above the curb.
Ordinance No. 2879 Page 81
d
o
N
20'
Visibility
Triangle
—.._property line—
curbline—
20' street
D. Required Yards (Setbacks)
1. Purpose&Intent
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 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; and
e. Where an existing block was created by an approved plat prior to July 15, 1970, a new
(infill) single-family dwelling unit shall use the adjacent lots to determine 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.
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 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 year
immediately proceeding submittal for site plan approval;or be anticipated to occur within
one 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 partially cover the view skyward;
b. Fences and walls;
Ordinance No. 2879 Page 82
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. Openwork fire balconies and fire escapes may extend up to six feet into any required rear
setback;
i. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural
features may extend up to 18 inches into any required yard;
j. Balconies or decks located more than eight feel from the ground may project up to six
feet into the required front yard;
k. Accessory structures that do not require building permits;
I. 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
m. Swimming pools and hot tubs without shelter.
E. More Than One Principal Structure on a Lot or Parcel
1. In any single-family or duplex residential district, no more than one structure housing a
permitted principal use may be erected on a single lot or building plot.
2. In all other districts, more than one structure housing a permitted principal use may be erected
on a building plot. Yard and other requirements herein shall apply to the building plot.
F. Fences
Fences of wood, chain-link, or similar material, and less that eight feet in height, and fences of
brick, stone, concrete, or similar material, and less than six feet in height, shall not be construed to
be structures, nor shall they require a building permit.
G. Building Plot
1. Building plot refers to all of the land within an area defined by the Administrator that consists of
one or more platted lots for a single development. Such determination shall be made at the
platting stage or at the time of site plan.
2. In the event that two or more lots are under single ownership and the existing structure does
not meet the required yard setback, both lots shall be construed as the building plot.
3. The Administrator shall determine the building plot using the following criteria:
a. Contiguous properties that consist of less than two acres and have one or fewer frontages
on a street classified as a collector or higher on the current Thoroughfare Plan will be
consolidated and defined as one building plot for the purposes of signage;
b. Contiguous properties that develop according to a common plan or design for similar or
compatible uses, which singularly or in phases, is treated as such for site plan review
purposes including signage; or
c. Contiguous properties that as determined by the Administrator need to be consolidated for
ease of access, reduction of the proliferation of signage along the public right-of-way, or
other public health, safety, or general welfare reasons.
Ordinance No. 2$79 Page 83
H. Height
1. 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, hop, or gambrel
roof;
b. The highest point of a mansard roof; or
c. The highest point of the coping of a flat roof.
2. Single Family Protection
a. With the exception of NG, RDD, and P-MUD districts, no multi-family or non-residential
structure shall be located nearer to any property line adjacent to a single-family use or
townhouse development than a horizontal distance (B to C) of twice the vertical distance
(height, A to B) of the structure as illustrated in the graphic below.
A
Commercial \
1:2 slope Building
S
� elback Height
Building
50'
6'fence al 03
100' ►l 25'-1 House
b. No additional multi-family or non-residential structures shall penetrate an imaginary line,
illustrated by the inclined plane in the graphic above, connecting points A and C.
c. Calculation of the height limits shall be to the highest point of the structure. Equipment
such as satellite dishes and heating and air conditioning units may be installed on top of
buildings provided that they are screened from horizontal view and included in the height
limitations.
d. Unless otherwise stated in this UDO, the height limitations herein shall not apply to any of
the following:
8) Utility structures such as elevated water storage tanks and electrical transmission
lines;
9) Architectural elements 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 33 percent of the area of the roof; or
10) Residential radio/television receiving antennas.
I. Public Address Systems
Public Address Systems shall not be audible to an adjacent residential use.
7.2 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:
Ordinance No. ?879 Page 84
1. Eliminate 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; and
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.
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.
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 and Access
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 by twenty
feet (9'x 20') 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. An 18-foot paved space (90 degree only) may be utilized where the space abuts a landscaped
island with a minimum depth of fourfeet(4'). An 18-foot space may also be used when
adjacent to a sidewalk provided that the minimum width of the sidewalk is six feet.
3. 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.
4. 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.
5. All parking spaces, aisles, and modules shall meet the minimum requirements, as shown in the
following table. All dimensions are measured from wall to wall.
Ordinance No. 2879 Page 85
PARKING SPACE AND AISLE DIMENSIONS
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0 22 feet 10 feet 12.0 feet 20.0 feet 22.0 feet 22.0 feet 40.0 feet
45 9 feet 21.1 feet 12.0 feet 20.0 feet 12.7 feet 54.2 feet 62.2 feet
60 9 feet 22.3 feet 15.0 feet 22.0 feet 10.4 feet 59.6 feet 66.3 feet
90 9 feet 20.0 feet 23.0 feet 23.0 feet 9.0 feet 63.0 feet 63.0 feet
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6. 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 for all uses including single-family residential, duplexes, and townhouses.
7. Parking lots located within fifteen feet (15') of a public right-of-way shall have a maximum of
seven (7) contiguous spaces separated by an eighteen- by twenty-foot (18'x 20') landscaped
island. All parking lots and drive aisles shall be setback a minimum of six feet (6') from any
public right-of-way.
8. Parking is discouraged along entrance drives and should be limited on major circulation aisles of
large developments and major retail centers.
9. The Design Review Board may waive parking lot dimension requirements in the Northgate and
Wolf Pen Creek districts if the development meets the goals of the master plan for the
respective district.
D. End Islands
1. A raised island, encompassing not less than 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.
Ordinance No. 2879 Page 86
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INTERIOR PARKING
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PARKING SETBACK
Street
2. All end islands must be raised at least six 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. Interior Islands
1. All interior islands shall be evenly distributed throughout the interior of the parking area.
2. For every fifteen (15) interior parking spaces, 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 180 square feet. Interior islands may have sidewalks through them.
3. End island areas that exceed the minimum required may be counted toward the interior parking
island requirement.
4. All interior islands must be raised at least six 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.
F. Requirements Apply to All Parking Areas
Every parcel of land hereafter used as a public parking area, excluding overflow parking for
churches, including commercial parking lots, and parcels used for open-air sales lots shall be
developed and maintained in accordance with the requirements in this Section.
G. 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 Standard Specifications for Construction, Part VIII
Standard Details. Variances to the standards shall be approved by the Development Engineer.
All off-street parking areas shall be graded to drain and maintained so as to dispose of surface
water accumulated within the area. Parking spaces shall be so arranged and marked so as to
provide for orderly and safe parking of vehicles.
Ordinance No. 2879 Page 87
2. Non-Public,All-Weather Drive Surfaces
Temporary or permanent drive surfaces that are 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 Development Engineer 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 Standard Specifications for Construction, Part VIII
Standard Details.
b. Semi-Permanent All-Weather Surface (During Phasing)
In cases during phasing of a large project, emergency access and turnarounds often must
be added as a temporary measure until additional phases are constructed. These
emergency access areas may consist of permanent pavement surface as specified in the
City of College Station Specifications for Construction, Part VIII Standard Details.
c. Permanent All-Weather Surface (Permanent)
In some development scenarios, an emergency access 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
consist of permanent pavement surface as specified in the City of College Station
Standard Specifications for Construction, Part VIII Standard Details.
H. Number of Off-Street Parking Spaces Required
In computing the number of parking spaces required, the following rules shall govern:
1. Parking requirements based on square footage shall be based upon the gross floor area, unless
otherwise stated. Service areas such as mechanical rooms, restrooms, and closets shall be
included in the calculation of"gross floor area" for determining required parking spaces.
2. Where fractional spaces result in computing required parking spaces, the required number of
spaces must be Increased to the nearest whole number.
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. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements
of the various uses computed separately. This includes the parking requirements for uses such
as private schools, day care centers, soup kitchens, and computer centers located on property
used for religious worship.
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 working shift of employees, parking
shall be provided to accommodate overlap requirements during transition periods.
8. When the developer of a large-scale 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 through the development of a parking study
prepared by a professional engineer or transportation planner and submitted to the
Ordinance No. 2879 Page 88
Administrator. The balance of the land necessary to meet these requirements shall be held in
reserve as an undeveloped area, to meet any future needs generated by an expansion of the
business, a change in land use, or underestimated parking demand.
9. The Design Review Board may waive parking space requirements in the Northgate and Wolf Pen
Creek districts if the development meets the goals of the master plan for the respective district.
Ordinance No. 2879 Page 89
MINIMUM OFF-STREET PARKING RE.UIREMENTS
Use Unit Spaces/ Plus Spaces For:
Unit
irport As •e ermine. .y t e A.ministrator
�
Banks 250 s.f. 1
Bowling Alley As determined by the Administrator
Bus Depot As determined by the Administrator
Car Wash (Self-Serve) Wash Bay 1.0 1.0 space per vacuum bay
Church Seat 0.33*
Convalescent Home/Hospital Bed 0.5
Duplex Dwelling: 1 &2 Bedroom DU 2.0
3 Bedroom DU 3.0
Dormitory Bed 0.75
Day Care Center 250 s.f. 1.0
Fraternal Lodge 75 s.f. 1.0
Fraternity/Sorority House Person 1 1.0 1/31) s.f. meeting room
Freight Station As determined by the Administrator
Funeral Parlor Seat 0.33
Golf Driving Range Tee Station1.0
Health Club/Sports Facility As determine by the Administrator
Gasoline and Fuel Service 300 s.f. 1.0
Group Housing BR 2.0 As determined by the Administrator
Health Studio150 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. 1.0
Motor Vehicle Sales/Service
Office/Sales Area 250 s.f. 1.0
Service Area 100 s.f. 1.0
Medical or Dental Clinic < 20,000 s.f. 200 s.f. 1.0
Multi-family Dwelling: 1 Bedroom BR 1.5
2 Bedroom BR 1.5
(ea. BR<130 s.f.) 2 Bedroom BR 1.25
3+ Bedroom BR 1.0
Night Club 50 s.f. 1.0
Office Building 250 s.f. 1.0
Personal Service Shop 250 s.f. 1.0
Priv. School or Comm. Studio 100 s.f. 1.0
Retail Sales&Service: C-1 250 s.f. 1.0
C-2 350 s.f. 1.0
C-3 250 s.f. 1.0
Restaurant (w/o drive-through) 65 s.f. 1.0
(w/drive-through) 100 s.f. 1.0
Rooming/Boarding House Person 1.0
Sales Display 250 s.f. 1.0
Single-family Dwelling DU 2.0
Shopping Center**: C-1 250 s.f. 1.0
C-2 350 s.f. 1.0
C-3 250 s.f. 1.0
Townhouse DU 2.0
Theater Seat 0.25
Truck Terminal As determined by the Administrator
Veterinary Clinic 300 s.f. 11.0
Warehouse 1000 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.
** No more than 25% of any shopping center square footage shall be utilized for intense uses (uses that,
individually, have a parking requirement greater than 1:250 in C-1 or C-3 and 1:350 in C-2) unless additional
parking is provided in accordance with the above requirements for that square footage of such uses in excess
of 25%.
Ordinance No. 2879 Page 90
I. 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 Section 7.2.H, Number of Off-Street Parking Spaces Required.
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 he
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 County
Clerk's office for recordation on forms made available in the Department of Development
Services. Proof of recordation of the agreement shall be presented to the Administrator prior
to issuance of a Building Permit. An approved Alternative Parking Plan may be amended by
the Administrator.
6. Eligible Alternatives
A number of 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. 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 250 feet from the
building site. The Administrator may waive this distance limitation, if adequate
assurances are offered that van or shuttle service shall be operated between the
shared lot and the principal use.
2) Zoning Classification
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 Administrator 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
Ordinance No. 2879 Page 91
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 written agreement among the
owners of record. An attested copy of the agreement shall be submitted to the
County Clerk's office for recordation on forms made available in the Department of
Development Services. Proof of recordation of the agreement shall be presented to
the Administrator prior to issuance of a Building Permit. A shared parking
agreement may be revoked by the parties to the agreement only if off-street
parking is provided pursuaril lu lhls Seullun, or If an AllernaUve Parking Plan Is
approved by the Administrator.
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 revocation of a Certificate
of Occupancy or Building Permit.
b. 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 250 feet from the building site.
The Administrator may waive this distance limitation if adequate assurances are
offered that van or shuttle service shall be operated between the shared lot and the
principal use.
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 that 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 County Clerk's Office for recordation on forms made available in
the office of the Administrator. Proof of recordation of the agreement shall be
presented to the Administrator prior to issuance of a Building Permit. An off-site
parking agreement may be revoked by the parties to the agreement only if off-
street parking is provided on-site pursuant to Section 7.2, Off-Street Parking
Standards or if an Alternative Access and Parking Plan is approved by the
Administrator.
c. Bicycle Parking
The Administrator may authorize a reduction in the number of required off-street parking
spaces for developments or uses that provide bicycle parking or that make special
provisions to accommodate bicyclists. Examples of accommodations include bicycle
lockers, employee shower facilities, and dressing areas for employees.
7.3 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.
Ordinance No. 2879 Page 92
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 may take direct access to local streets. Nonresidential uses shall not
take direct access to local streets, provided that any lot located within a nonresidential
subdivision or any parcel adjacent to a street within a nonresidential 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 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, townhouse, or duplex shall take direct access to minor collector
streets except when permitted by the Subdivision Regulations.
c. Major Collector Streets
No single-family dwelling, townhouse, or duplex shall take direct access to major collector
streets.
d. Arterial Streets
•
No single-family dwelling, townhouse, or duplex shall take direct access to arterial streets.
e. Shared Driveways
The Development Engineer may require a shared driveway at the time of platting,
development, or redevelopment of the affected lots.
2. Cross-Access Easements
a. If a parcel is to be developed for any nonresidential 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 nonresidential 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 has 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
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.
Ordinance No. 2879 Page 93
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 left 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. 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 making a determination as to 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 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.
d. For corner residential lots, side access driveways shall be subject to rear building setback
requirements.
e. No cuts through a left-turn reservoir of a median shall be permitted in order 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 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.
Ordinance No. 2879 Page 94
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:
1) Major Arterial;
2) Minor Arterial;
3) Collector; and
4) Local Street.
b. Major arterial, minor arterial, and collector streets in the City of College Station are
indicated on the Thoroughfare and Transportation Improvement Plan. 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 most
recent edition of the 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.
m22
Opposite Left t5
/ (125') J o
�► . Opposite Right ►-I
Adjacent Left ►-..—Adjacent Right
c.
tD
0 of 0
ao
d. A minimum of 125 feet shall be required for opposite left driveways for all street
classifications.
e. If the centerline of an opposite drive is less than 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 his/her 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.
Ordinance No. 2879 Page 95
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.
,. ,.E.,,,. Ad 'acent`Rriyewa s..UMt a.,.:. . irf:
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.
S gt , i. .. :-O; USite RI'tit Dr1Yew,a, S`r`I 7 Kt::a`. ��`,r f
Street Classification Spacing (feet)
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 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 Section 7.1.C, Visibility at Intersections in all zoning districts.
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 can not
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
Ordinance No. 2879 Page 96
channelized median to the nearest edge of the proposed driveway as indicated in the
illustration.
street
Channelized
Right-Turn Lane
R g(1)
vs street
d
Radius Clearance V
(feet) (feet)
50 200
75 230 Lp
100 275
drive
c. When the requirements of the previous two 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 75
feet on collector streets, 100 feet on minor arterials, and 120 feet for major arterials. This
measurement shall be taken from the intersection of property lines at the corner. When
these requirements can not be met due to 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 on
arterial and collector streets in order 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 in order 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.
7. Geometric Design of Driveway Access
a. All driveways shall meet the City of College Station's Standard Specifications for Street
Construction.
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, and duplex) driveways
shall be between two and one-half feet and ten feet (2.5'-10') as shown in the
figure above. Flare type residential driveways must also adhere to these
dimensional criteria.
Ordinance No. 2879 Page 97
2) Curb return radii for commercial and multi-family driveways shall vary between
twenty feet and thirty feet (20'-30') as shown in the figure below. When special
traffic conditions exist, the Development Engineer may require larger curb return
radii up to 50 feet.
3) Curb return radii for driveway types not included in (1) or (2) above shall be
determined by the Development Engineer.
d. The maximum width of residential driveway approach, measured at the property line, shall
not exceed twenty-eight feet(28') in width, while the minimum width shall not be less
than ten feet (10').
e. I he maximum width of commercial and multi-tamily driveway approaches for two-way
operation shall not exceed 36 feet, except that the Development Engineer may issue
permits for driveway approaches greater than 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 24 feet.
f. The combination of two driveways for residential circular drives shall not exceed twenty-
eight feet (28').
g. The angle of driveway approach shall be approximately 90 degrees for two-way drives and
between 45 degrees and 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 center) a
minimum throat depth of 130 feet will be required.
drive
parking parking
c / \
First point of
conflict
r
■
Street DTL(feet) Driveway Throat Length(DTL)
Collector 25 represents the distance from
Minor Arterial 40 the street to the first point
Major Arterial 55 of conflict.
street
1. Gated residential communities shall use the City of College Station Subdivision
Regulations Section 8.W.3, Geometric Design Guidelines as a guideline for throat depth
and entry designs.
Ordinance No. 2879 Page 98
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.
I. 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 50
vehicles per hour(vph). If the posted speed is greater than 40 mph, a right-turn
deceleration lane and taper may be required for any access with a projected peak hour
ingress turning volume greater than 25 vph.
M. Driveways shall be constructed as 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 50 vph when the posted speed on the
roadway is greater than 40 mph. Design of right-turn deceleration lanes shall be in
accordance with the AASHTO Green Book on auxiliary lanes.
p. The spacing requirements for driveways not meeting the specifications in Section 7.3.C.3,
Spacing of Driveways, may be lessened or waived if auxiliary lanes are used.
q. Access points on arterial and collector streets may be required to be signalized in order 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.
7.4 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 to 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 his or her
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 insure that signs are compatible with adjacent land uses and with the total visual
environment of the community, in accordance with the City's Comprehensive 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
Ordinance No. 2879 Page 99
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 terms hereof.
3. The regulations of this Section shall apply for developments within the zoning districts listed in
Section 7.4.0 Summary of Permitted Signs. These regulations only apply to special districts
within the City of College Station so far as is stated in the following Sections of this UDO:
a. Wolf Pen Creek District(WPC), Section 5.6.A.
b. Northgate Districts (NG-1, NG-2, NG-3), Section 5.6.B.
c. Corridor Overlay District (OV), Section 5.R.A.
d. Krenek Overlay District(KO), Section 5.8.B.
C. Summary of Permitted Signs
The_ following signs are permitted in the relevant zoning districts of the Cit
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Apartment/Condominium/ X X X
Manufactured Home Park
Identification Signs
Area Identification/ X X X X X X X X X X X X X X X
Subdivision Signs X
Attached Signs 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
Directional Traffic Control X X X X X X
Signs X
Freestanding Signs X X X X
Home Occupation Signs X X X X X X X X X
Low Profile Signs 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
Real Estate, Finance, and X X X X X X X X X X X X X X X
Construction Signs X
Roof Signs X X X X
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. Off-premise signs, including billboards, both commercial and non-commercial, except where
there has been a resolution adopted by the City of College Station City Council or an executed
contract with the City of College Station and the display of the sign:
a. Promotes a positive image of the City of College Station for the attraction of business or
tourism;
b. Depicts an accomplishment of an individual or group; or
c. Creates a positive community spirit.
3. Signs painted on rooftops.
Ordinance No. 2879 Page 100
4. Inflated signs, pennants, wind driven devises (excluding flags), tethered balloons, and/or any
gas filled objects for advertisement, decoration, or otherwise, except as permitted in Section
7.4.0, Grand Opening Signs and Section 7.4.T, Special Event Signs.
5. Vehicle signs except as permitted in Section 7.4.U,Vehicle Signs.
6. 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).
7. 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 24-hour period, either
internal or external to the premise, and oriented and visible to vehicular traffic, provided that
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 is restricted to
no more than eight square feet.
8. Signs containing manual changeable copy or electronic reader boards which are greater than 30
percent of the allowable sign area.
9. 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, and that are erected
for purposes other than actual traffic control or warning to the public.
10. Any sign located within the site triangle in any district as stated in Article 7.1.C,Visibility at
Intersections in all Districts. This does not include traffic control or directional signs.
11. Any sign that emits sound, odor, or visible matter.
12. Commercial banners in all districts, except as permitted in Section 7.4.0, Grand Opening Signs
and Section 7.4.T, Special Event Signs.
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
City Building and Electrical Codes.
2. Official notices posted by government officials in the performance of their duties: government
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. Temporary signs erected by private property owners for the purpose of warning of a dangerous
defect, condition, or other hazard to the public.
4. 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 Section 7.5.R. Non-Commercial and Political Signs.
5. Temporary decorations or displays, if they are clearly incidental to and are customarily and
commonly associated with any national, local, or religious celebration.
6. 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.
Ordinance No. 2879 Page 101
7. 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.
8. Commercial Signs carried by a person and not set on or affixed to the ground, provided that the
sign is temporary, on-premise, and not used by the person on the premises for more than three
(3) consecutive days, more than four (4) times per calendar year.
9. 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 days with
approval of the City Manager; and
10. Flags used as political symbols.
11. Special District Identification Signs, as defined by Article 11.2 Terms, 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 Board or Committee.
F. Sign Standards
The followin. table summarizes the sign standards for the Cit of College Station:
Sign Type Maximum Area Maximum Height Setback Number Allowed
(s.f.)** (ft.) from
ROW (ft.)
Apartment/Condominium/Manufactured 100 10 10 1/frontage
Home Park Identification Signs
Area Identification Signs 16 4 10 1/10-50 acre
subdivision or phase
Attached Signs Varies, see Not to exceed 1 --- Any number allowed if
7.4.I below foot from top of within the total allowed
wall, marquee, or square footage of
parapet to which it attached signs
is attached
Development Signs 15 10 1/premises
Residential/Collector Street 35
Arterial Street 65
Freeway 200
(As designated on Thoroughfare Plan)
Directional Traffic Control Signs 3 4 4 1/curb cut
Freestanding Signs Varies, see 7.4.M below 1/building plot where
lot exceeds 75 feet of
frontage
Home Occupation Signs 2 Not to exceed top --- 1/dwelling unit
of wall to which it
is attached
Low Profile Signs (In lieu of permitted 60 4 10 1/150 feet of frontage
Freestanding Sign)
Real Estate, Finance, and Construction 1/frontage
Signs 16 8 10 (Real Estate)
Up to 150-foot frontage 32 8 10 1/property (Finance)
Greater.than 150-foot frontage 3/property
(Construction)
Roof Signs Determined by 10 feet above --- 1/building plot in place
frontage. Same structural roof of a freestanding sign
as freestanding
Max. 100 s.f.
Subdivision Signs 150 15 10 1/primary subdivision
entrance. Not to
exceed 2 signs.
* Except as provided for in Section 7.4.M.10, Freestanding Commercial Signs.
**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.
Ordinance No. 2879 Page 102
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WIDTH
WIDTH
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G. Area Identification and Subdivision Signs
1. Area Identification Signs shall be permitted upon private property in any zone to identify
multiple-lot subdivisions of 10 to 50 acres in size and subject to the requirements set forth in
Section 7.4.F, Sign Standards above. Area Identification Signs may also be used within a large
subdivision to identify distinct areas within that subdivision, subject to the requirements in
Section 7.4.F, Sign Standards above.
2. Subdivision Signs shall be permitted upon private property in any zone to identify subdivisions
of greater than 50 acres, subject to the requirements set forth in Section 7.4.F, Sign Standards
above.
3. Both Area Identification and Subdivision Signs must be located on the premises as identified by
a preliminary or master preliminary plat of the subdivision. Subdivision Signs will be permitted
only at major.intersections on the perimeter of the subdivision (intersection of two collector or
larger streets). At each intersection either one or two Subdivision Signs may be permitted so
long as the total area of the signs does not exceed 150 square feet. Flags may be utilized in
place of a Subdivision Identification Sign, but the overall height shall not exceed 20 feet and 25
square feet in area in a residential zone and 35 feet in height and 100 square feet in area in
industrial or commercial districts.
4. Subdivision markers of no more that one square foot in area and 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 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 exists or is created for this purpose.
6. All signs shall be setback as shown in Section 7.4.F, Sign Standards above except in areas
where a Private Improvement in Public Right-of-way permit has been issued.
Ordinance No. 2879 Page 103
H. Apartment/Condominium/Manufactured Home Park Identification Signs
1. One 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 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 multi-family project in the appropriate zone as established in Section 7.4.C,
Summary of Permitted Signs subject to the requirements set forth in Section 7.4.F, Sign
Standards 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 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 non-conforming may
still utilize an identification sign meeting the provisions of this Section and Section 7.4.F,Sign
Standards above.
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 a half(2.5) square feet per linear foot of all public entry façades, with a maximum of 500
square feet of attached signage allowed for any one tenant. Multi-story businesses will be
allowed 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, if identifiable from the right-of-way, as determined by
the Administrator, shall count as part of the allowable sign area of the attached signs for the
site. 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 foot from any exterior building face, mansard, awning, or
canopy;
Ordinance No. 2879 Page 104
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.
Development Sign
1. A Development Sign may be placed only on private property subject to the requirements in
Section 7.4.F, Sign Standards 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 months. The Administrator may renew the sign permit for
one additional twelve-month period upon request. Once a Building Permit for the project is
received, the sign may stay In place until 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 or Final Plat •
has not been approved by the end of twelve months. The Administrator may renew the Sign
Permit for one additional twelve-month period upon request. Once a plat has been approved,
the Sign Permit is valid as long as a Preliminary Plat is in effect, or in the absence of a valid
Preliminary Plat, for 24 months from the date of approval of a Final Plat.
K. 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 Section 7.4.F, Sign Standards above.
2. For multiple lots sharing an access easement to public right-of-way, there shall be only one
directional sign located at the curb cut.
3. Logo or copy shall be less than 50% 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.
L. Flags
1. One freestanding corporate flag per premise, not to exceed 35 feet in height or 100 square feet
in area, is allowed in multi-family, commercial, and industrial districts.
2. Flags used solely for decoration and 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 16 square feet in area. In all
permitted zoning districts such flags will be restricted to 30 feet in height, and the number shall
be restricted to no more than 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).
M. Freestanding Commercial Signs
1. Any development with over 75 linear feet of frontage will be allowed one Freestanding
Commercial Sign. All Freestanding Commercial Signs shall meet the following standards:
a. Allowable Area
Ordinance No. 2879 Page 105
Allowable Area For Freestanding Signs
Frontage. Feet) *AMA' ,mtAe,40
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, area shall be considered the area in square feet of a
single-face sign, or one 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.
2) On corner lots, the frontage street shall be the greater street as classified on the
thoroughfare plan. Where the two 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 distance by two. No Freestanding Commercial Sign shall
exceed 35 feet in height.
2) For the purposes of this Section, 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 curb shall be measured in feet
from the back of curb or pavement edge to the nearest part of the sign.
2. Freestanding Commercial Signs are allowed only on developed commercial property established
in the appropriate zones as set forth in Section 7.4.C, Summary of Permitted Signs. One
freestanding sign shall be allowed in the A-P zone only when the premise has a minimum of two
acres, subject to the requirements set forth in Section 7.4.F, Sign Standards. One Low Profile
Sign shall be allowed in the A-P zone when the premise has less than two acres subject to the
requirements set forth in Section 7.4.F, Sign Standards, above.
3. A premise with less than 75 feet of frontage shall be allowed to use one Low Profile Sign.
4. A premise with more than 75 feet of frontage shall be allowed to use standards for one
Freestanding Commercial Sign located in Section 7.4.F, Sign Standards, rather than one Low
Profile Sign.
5. A premise with more than 150 feet of frontage shall be allowed to use one Freestanding
Commercial Sign or any number of Low Profile Signs as long as there is a minimum separation
between signs of 150 feet.
In lieu of one Low Profile Sign every 150 feet, hospital uses may have one low profile sign
located at each driveway.
6. Premises with less than 75 feet of frontage may be combined In order to utilize signage
corresponding to the resulting frontage as described in the preceding two paragraphs.
Ordinance No. 2879 Page 106
7. No more than one Freestanding Commercial Sign shall be allowed on any premises except when
the site meets one of the following sets of criteria:
a. The building plot, as recognized on an approved Plat or Site Plan, must be 25 acres or
more in area with at least 1,000 feet of continuous unsubdivided frontage on any major
arterial street or higher(as classified on the Thoroughfare Plan) toward which one
additional Freestanding Commercial Sign may be displayed (see diagram below); or
P
t C 'SIGN
L 4..
O N
•CC
SIGN 25 Acre Minimum
property line
b. The Building Plot, as recognized on an approved Plat or Site Plan, must be 15 acres or
more in area with at least 600 feet of continuous unsubdivided frontage on any major
arterial street or higher(as classified on the Thoroughfare Plan) and the site must have
additional frontage on a street classified as a minor arterial or greater on the
Thoroughfare Plan, toward which the additional Freestanding Commercial Sign may be
displayed.
•minor arterial or greater
street
SIGN
ro
a)
° m o I SIGN
o
p
15 Acre Minimum
property line
Ordinance No. 2879 Page 107
8. Any sign where two or more panels have separate supports extending to them shall be
considered to be more than one Freestanding Commercial Sign, even where only one main
support extends to the ground.
9. 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 greater on the Thoroughfare Plan, will be allowed the area of
the sign to be less than or equal to the square of one-sixth of the distance from the closest
portion of the sign to the curb or pavement edge, with the maximum area not to exceed 200
square feet.
10. Any site defined as a single building plot, and containing one or more pad sites, shall be
permitted to erect a Freestanding Commercial Sign in accordance with Section 7.4.M,
Freestanding Commercial Signs, and to the standards of Section 7.4.M.1.a, Allowable Area, with
the maximum area not to exceed 200 square feet. In addition, each pad site will be permitted
to erect one Low Profile Sign per pad site according to the restrictions of 7.4.F, Sign Standards.
N. Fuel Price Signs
Facilities with fuel sales will be allowed one additional sign for the purposes of fuel pricing, either
freestanding or attached, per premises.
1. The area of the fuel price sign shall not exceed 16 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.
O. Grand Opening Signs
1. Flags, commercial banners, and balloons, which advertise a business's grand opening, may be
displayed for one consecutive 14-day period, selected by the business owner, within 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 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.
P. Home Occupation Signs
1. A person having a legal home occupation may have one 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.
Ordinance No. 2879 Page 108
4. It shall not exceed two square feet in area, shall not be illuminated in any way, and shall not
project more than 12 inches beyond the building.
5. No display of merchandise or other forms of commercial communication shall be allowed within
a residential area, unless same are in existence prior to the adoption of this UDO in connection
with a use that is presently a lawful non-conforming use within the district.
6. Such a non-conforming sign may be maintained until the non-conforming use of the building
ceases, subject to the requirements for maintenance herein. Discontinuance of the use of such
a sign for more than three months shall prevent future use, even if the non-conforming use of
the premises is continuous.
Q. 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 located within public road right-of-way of the State of Texas;
b. May be located off the premises of the property owner who is displaying the sign; and
c. May be located within any sight distance triangle as defined in Section 7.1.C,Visibility at
Intersections in All Districts, or where determined by the Administrator as a location that
would hinder intersection visibility. This provision is necessary to avoid clutter,
proliferation, and dangerous distraction to drivers caused by 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 that any non-commercial sign is located in a public right-of-way of the State, the
City shall remove it.
R. Real Estate/Finance/Construction Signs
1. One Real Estate Sign not exceeding 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 150 feet of frontage shall be allowed one Real Estate Sign not
exceeding 32 square feet in total area. Properties with a minimum of two acres and frontage
on two streets shall be allowed one real estate sign on each frontage street with the area of the
sign to be determined by the amount of frontage as stated above.
2. One Finance Sign and three Construction Signs (for a total of four signs), not exceeding 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 acres and 1,000 feet
of frontage shall be allowed one Finance Sign and three Construction Signs not exceeding 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 so as 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, Financing and
Construction Signs shall be removed prior to issuance of a Certificate of Occupancy.
Ordinance No. 2$79 Page 109
S. Roof Signs
1. Signs mounted to the structural roof shall be regulated as Freestanding Commercial Signs.
2. Painted or applied roof signs are prohibited.
T. Special Event Signs
1. Signs, including commercial banners and balloons, advertising or announcing a Special Event,
as defined in Chapter 4, Section 4.B of the Code of Ordinances, are permitted as a part of the
Special Event License and shall be limited to the property holding the event.
2. The Special Event Signage is allowed up to 14 days prior to the event and must be removed
within 24 hours of the end of the event.
U. 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 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.
V. 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 agricultural zoning districts shall comply with Section
7.4.F Sign Standards,"Low Profile Signs."
W. Signs for Permitted Non-residential uses in Residential or Agricultural Districts
Signs for non-residential permitted uses in residential or agricultural zoning districts shall comply
with Section 7.4.F Sign Standards,"Low Profile Signs."
X. Abandoned, Damaged, or Unsafe Signs
1. The provisions of this Section shall apply when in conflict with the provisions of the Building
Code; but where the provisions of both ordinances are consistent, the enforcement of either
shall be permissible and remedies or penalties cumulative.
2. Non-conforming signs that have become deteriorated or damaged to an extent that the cost of
the reconstruction or restoration of such signs is in excess of 50 percent of its replacement
value exclusive of foundations, will be required to be removed or brought into full compliance
with the current sign regulations.
3. All abandoned signs and their supports shall be removed within 60 days from the date of
abandonment. All damaged signs shall be repaired or removed within 60 days. The
Administrator shall have authority to grant a 30-day time extension where he determines there
is a reasonable necessity for same.
4. Discontinuance of use or removal of any non-conforming sign or any sign in connection with a
non-conforming use shall create a presumption of intent to abandon said sign. A non-
Ordinance No. 2879 Page 110
conforming sign that is damaged and not repaired within 60 days shall be presumed to be
abandoned.
Y. Signs in the Extraterritorial Jurisdiction
All off-premise and portable signs shall be prohibited within the Extraterritorial Jurisdiction of the
City of College Station.
7.5 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 erism e Llidl.high quallly development Is maintained throughout the community.
For the purpose of landscaping, College Station,Texas falls within Zone 8 of the USDA Hardiness
Zone Map. Dwarf plants will not be allowed In required screening or buffer areas.
B. Application of Section
The landscaping requirements of this Section apply to all land located in the City of College Station
proposed for site development with the exception of those zoned NG-1, NG-2, and NG-3. The
requirements also do not apply to single-family, duplex,or townhouse uses, except as follows:
1. The requirements of this Section have limited application to properties developed for duplexes,
as follows:
a. A minimum of 200 points of landscaping as calculated in this Section shall be provided for
each new duplex unit.
b. Where parking is provided in the front yard, an eight-foot landscaped setback shall be
required between the property line and the nearest side of the parking pad. This eight-
foot setback area must be landscaped and contain a three-foot high screen consisting of a
continuous berm, hedge, or wall. In addition, an eight-foot landscaped setback shall be
required between the dwelling unit and the nearest side of the parking pad.
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 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. All plantings must be in accordance
with the College Station Plant List, or as deemed appropriate by the USDA for Zone 8 in
their Hardiness Zone Map. The plant list is approved and amended as needed by the
Administrator.
2. The landscaping requirements of this Section shall apply to manufactured home parks, but not
to individual manufactured homes on separate lots.
3. 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.
4. The landscaping requirements of this Section apply to all unsubdivided property, improved
subdivided lots other than single-family, duplex, or townhouse lots, and to other improved
lands where buildings or structures are being added or replaced within the City.
5. Each phase of a multi-phase project shall comply with this Section.
6. All plantings must be in accordance with the College Station Plant List, or as deemed
appropriate by the USDA for Zone 8 In their Hardiness 7one Map, The plant list is approved and
amended as needed by the Administrator.
C. Landscaping Requirements
1. The landscaping requirements shall be determined on a point basis by the following:
Ordinance No. 2879 Page 111
a. Landscape Points required: 30 points per 1,000 square feet of site area;
b. The minimum number of points for any development is 800 points;
c. Undeveloped floodplains may be removed from site size calculations; however, existing
trees within that floodplain shall not be claimed for points; and
d. Projects may be phased with the phase lines being drawn 20 feet beyond any new site
amenity. The portion left for subsequent phases shall be of developable size and quality.
2. Point values will be awarded for any type of canopy tree, non-canopy tree, or shrub, provided
that the species claimed for point credit are not listed on the Non-Point Tree List as prepared by
the Administrator. All caliper measurements shall he 12 inches ahnve grade.
a. Landscaping points are accrued as follows:
Plant Material Point Values
Plant Material Points Accrued Installed Size Caliper(Inches)
(per Plant)
New
KaiitiiootonotoNfEHMENERMStNMSS.SNMVMNEMFEE
Canopy Tree 75 1.5 to 2
150 2.1 to 3.4
300 3.5 and larger
Non-canopy Tree 40 1.25 and larger
Shrubs 10 Min. 5 gallon*
Existing;Trees with.f0040)M10:itaktlat,AliENSWERIMMOKEROM
Canopy Tree 40 4 to 14.5
Non-canopy Tree 35 2 and larger
gEXtstinV rl- eCWithin,.Earl-icade Protector,Area. VMEu....=,I_.' ' F;.'., '
Canopy Tree 300 Between 4 and 8
400 8 and larger
Non-canopy Tree 150 Between 2 and 4
200 4 and larger
* Shrubs not used for screening may be a minimum of 1 gallon in size and accrue 1 point per plant.
b. 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.
c. To receive barricaded points for existing trees, they must be barricaded one foot per
caliper inch. 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 in
any event the required barricades are not in place prior to any activity and maintained
during construction, barricaded points will be forfeited.
3. One hundred percent coverage of groundcover, decorative paving, decorative rock, or a
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 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, 100% 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.
4. Every project must expend a minimum of 50% of its point total on canopy trees.
5. For existing plantings, the Administrator may require a health appraisal.
6. All new plantings must be irrigated. An irrigation system shall be designed so that it does not
Ordinance No. 2879 Page 112
negatively impact existing trees and natural areas. Soaker hose and drip irrigation system
designs may be permitted as the Administrator deems appropriate.
7. Additional Point Credits
a. A 10 percent point credit will be awarded where the irrigation system employed is a
recognized water-conserving system.
b. A 10 percent point credit will be awarded if 25 percent or more of parking area consists of
enhanced paving.
c. A 10 percent point credit will be awarded for every one percent of site area devoted to
special facilities Including water features, public art, or other public features determined
by the Administrator.
8. 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.
9. Landscaping must be reasonably dispersed throughout all visible areas of the site.
D. Streetscape Requirements
1. The streetscaping requirements shall be determined along all major arterials, freeways, and
expressways by the following:
a. Within 50 feet of the property line along the street, one canopy tree for every 25 linear
feet of frontage shall be installed. Two non-canopy trees may be substituted for each one
canopy tree.
b. Canopy and non-canopy trees must be selected from the College Station Streetscape Plant
List and may be grouped as desired.
c. One existing tree (minimum four-inch caliper) may be substituted for a new tree. Existing
trees must be of acceptable health, as determined by the Administrator.
2. The streetscaping requirements shall be determined along all other roadways by the following:
a. Within 50 feet of the property line along the street, one canopy tree for every 32 feet of
frontage shall be installed. Two non-canopy trees may be substituted for one canopy tree.
b. Canopy and non-canopy trees must be selected from the Administrator's Streetscape Plant
List and may be grouped as desired.
c. One existing tree (minimum four-inch caliper) may be substituted for a new tree. Existing
trees must be of acceptable health, as determined by the Administrator.
3. Three hundred additional landscape points shall be required for every 50 linear feet of frontage
on a right-of-way. Driveway openings,visibility triangles, and other traffic control areas may
be subtracted from total frontage. The additional landscape points can be dispersed throughout
the site.
4. Driveways and areas located within a required visibility triangle shall be excluded from the
streetscape requirements in paragraphs 1, 2, and 3 above.
5. Parking areas adjacent to a right-of-way shall be screened from the right-of-way. Screening is
required along 100 percent of the street frontage (such as 10 shrubs for every 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 feet above the parking lot pavement elevation. Walls and planting
strips shall be located at least two 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 percent of all shrubs used for screening shall be evergreen.
Ordinance No. 2879 Page 113
6. Dumpsters, concrete retaining walls where more than six vertical inches of untreated concrete
are visible, off-street loading areas, utility connections, and any other site characteristics that
could be considered visually offensive must be adequately screened.
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 before a certificate of occupancy will be
issued.
9. Landscape information
a. Landscape points required for 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; and
c. Location of landscape plants on plan identified by a symbol defined in a landscape legend
(see sample legend below).
Ordinance No. 2879 Page 114
City of College Station
SAMPLE LEGEND
LANDSCAPING POINT CALCULATIONS
NAME POINT
SYMBOL SIZE & TYPE QUANTITY VALUE POINT
8"AND LARGER
EXISTING LIVE OAK TREE 2 300 600
W/BARRICADE (Quercus Virginian/0
Canopyytree
v U
4"TO 8" LIVE OAK TREE 13 200 2600
O EXISTING (Quercus VirginJana)
W/BARRICADE Canopy tree
2"TO 14.5"
x I l CALIPER LIVE OAK TREE 8 35 280
�J J EXISTING (Quercus Virglniana)
/r!))
W/0 BARRICADE Canopy tree
�I 1.25"CALIPER TREE CREPE MYRTLE 6 40 240
AND LARGER (Lallon-canopyt
tr ems) (NEW)
5 GAL WAX LEAF LIGUSTRUM (NEW) 10 460
(Ligustrum texanum)
Shrub
NOTE:Symbob era for reference.y scale d.
used must be dtstinyul,hebN any et e .eel.
BARRICADE FOR INDICATED TREES TO BE CONSTRUCTED WITH 48"HIGH ORANGE PLASTIC CONSTRUCTION
NETTING AND SECURED TO STEEL T-POSTS.BARRICADE TO BE PLACED IN A CIRCLE AROUND INDICATED
TREES A RADIAL DISTANCE OF 1'FOR EVERY 1"CALIPER OF TREE.BARRICADE MUST BE IN PLACE PRIOR
TO ANY DEVELOPMENT ACTIVITY AS WELL AS THROUGHOUT THE CONSTRUCTION PROCESS.
STREETSCAPE:
(136.57'150)x 300 PTS=820 PTS
(136.57'/25)=6 CANOPY TREES
POINTS PER PROJECT AREA:
26,416.3 SQUARE FEET OF SITE AREA
26,416.3/1,000=26.42
26.42 x 30=792.6=793 POINTS
TOTAL POINTS REQUIRED:1,613 TOTAL POINTS PROPOSED:4,180
10. Streetscape Information
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; and
c. Location of streetscape plants on plan identified by a symbol defined in a landscape legend
(see sample legend above).
Ordinance No. 2879 Page 115
•
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;
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 to dispose of any waste material such as, 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 inches, a retaining wall or tree well of rock or brick
shall be constructed around the tree not closer than one-half 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 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
Section 7.1.C, Visibility at Intersections in all Districts.
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 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 of the UDO for which the penalty provision may be invoked.
2. Landscaping/Streetscaping Changes to Existing Sites
a. If changes constituting 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 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 compliance with this Section and
the approved Landscape/Streetscape Plan. Landscaping/streetscaping shall be completed in
compliance with the approved plan before a Certificate of Occupancy will be issued. However, the
applicant may receive an extension of four 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
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.
Ordinance No. 2879 Page 116
H. Review and Approval
Landscape/Streetscape Plans shall be reviewed and approved by the Administrator.
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.
3. 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.
7.6 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 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 (platted) or developing
(in the process of platting) sites in accordance with the standards of this Section, as outlined in
Section 7.6.F, Minimum Buffer Standards. The following shall provide buffers:
a. Vacant sites that develop;
b. Existing sites when additions, expansions, and/or redevelopments equal or are greater
than 25% of the existing improvements;
c. Existing sites when cumulative additions, expansions, and/or redevelopments total 25%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 non-conforming 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 non-conforming;
b. The adjacent developed use is agricultural;
c. The Land Use Plan designates the area as Redevelopment;
d. The property is zoned P-MUD and the buffer requirement was determined through the
rezoning process; or
e. Properties in NG and RDD districts.
C. Relationship To Other Landscaping Standards
All buffer requirements shall be included on a development's Landscaping Plan. Landscaping
provided to meet the buffer landscaping standards of this Section may not be counted towards
meeting a project's landscape point requirements. The area of a site dedicated to a perimeter
buffer shall not be included in calculating a site's minimum landscaping point requirements.
D. Location
The buffer shall abut property boundaries shared with less intense uses or zoning districts as
shown in Section 7.6.F, Minimum Buffer Standards. In the event that a property abuts a less
Ordinance No. 2879 Page 117
intense use and a less intense zoning district, the more stringent buffer shall be required along the
shared boundary.
E. Permitted Uses
1. A buffer yard may be used for passive 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, homeowners association's, or the Administrator's option to provide
convenient pedestrian access to nonresidential uses such as commercial areas or schools.
F. Minimum Buffer Standards
The buffer requirements are designed to permit and encourage flexibility in the widths of buffer
yards, the number of plants required in the buffer yard, and opaque screens. Standard buffer
requirements are depicted in the table below.
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Classification z.<. Reit��ntiai n :,°t{
Single-familyt N/A N/A N/A
Multi-Family* 10 (1) N/A 1 N/A
Office 10 (1) N/A N/A
Commercial 15 (2) 10 (1) N/A
Industrial 25 (2) 15 (2) 5
SOB 50 (2) ` 50 (2) 50 (2)
ii
* Includes duplexes.
t Includes manufactured homes, mobile homes, manufactured home parks, and
townhouses.
[number] Depth of buffer yard
(1) Fence
(2) Wall
1. Buffer Yards
a. Buffer yards shall be measured from the common property line and may be located within
established building setbacks.
b. Where utility or drainage easements or other similar situations exists in the required
buffer yard, the buffer yard may be reduced by the width of the easement; however, an
additional 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.
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:
Ordinance No. 2879 Page 118
1) A minimum of one 5-gallon shrub at a minimum of three feet in height per three
linear feet of landscaping buffer.
2) A minimum of one 2-inch caliper canopy tree per 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:
1) A minimum of one 1.25-inch caliper non-canopy tree per 15 linear feet of
landscaping buffer. The Administrator may allow the substitution of a minimum of
one 5-gallon shrub at a minimum of three feet in height per three linear feet of
landscaping buffer for the non-canopy tree requirement, or may require the
substitution to mitigate potential negative impacts of a development.
2) A minimum of one 2-inch caliper canopy tree per 25 linear feet of landscape buffer.
c. All buffer yard landscaping areas not dedicated to trees or shrubs shall be landscaped with
grass, ground cover, or other appropriate landscape treatment in accordance with Section
7.5.C.3, Landscaping and Tree Protection.
d. Fifty percent of all required shrubs within the buffer yard shall be evergreen.
e. Plant materials shall show a variety of texture, color, shape, and other characteristics.
Recommended buffer materials can be found in the College Station Plant List or in those
listed as appropriate for Zone 8 on the USDA Hardiness Zone Map.
f. The arrangement of trees and shrubs in the buffer area shall be done in a manner that
provides a visual separation between abutting land uses. Shrubs shall be massed in rows
or groups to achieve the maximum screening effect.
g. Irrigation is required for all new plantings.
h. Existing vegetation may count toward the planting requirement if:
1) The vegetation is in good health and the landscaping plan verifies that it will meet
the plantings criteria listed above (non-point trees may count towards a natural
buffer); and
2) The vegetation is protected in accordance with Section 7.5.C.2.c, Landscaping and
Tree Protection, of this UDO.
i. Plantings will not be allowed to encroach into a required visibility triangle for a public or
private right-of-way except as provided for in Section 7.1.C, Visibility at all Intersections
in All Districts.
3. Fences and walls
a. Fences may be solid wood or solid wood accented by masonry, stone, EFIS (Exterior Finish
Insulation System), or concrete columns. Walls may be masonry, stone, EFIS, concrete,
or a combination of these materials, and shall be finished on both sides (framing not
visible). Walls and masonry columns for fences must meet the footing standards
prescribed by the Building Code for such structures.
b. Fences and walls shall be a minimum of six feet in height and a maximum of eight feet.
Walls over six 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 foot of the common boundary line when
physically possible. In the event that there is a physical constraint that will not allow the
construction of a fence on the common boundary line (including, but not limited to,the
existence of a creek, access easement, or existing vegetation), the Administrator may
authorize an alternative fence location.
d. Fences or walls will not be allowed to encroach into a required visibility triangle for a
public or private right-of-way.
Ordinance No. 2879 Page 119
4. Substitutions
a. Existing natural vegetation may be used in lieu of plantings and a fence or wall under the
following circumstances:
1) The existing vegetation consists of canopy and non-canopy trees which are shown
through a tree survey to meet the minimum buffer planting requirements (non-point
trees may be considered) and is of sufficient density to provide 100 percent opacity
to a height of six feet; and
2) The vegetation is protected in accordance with Section 7.5.C.2.c, Landscaping and
Tree Protection, of this UDO.
b. Fences and walls may be substituted with a solid plant or hedge wall that is greater than
six feet in height with approximately 100 percent opacity. All shrubs planted for a hedge
wall must be a minimum of 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 feet in height from the elevation at the property
line with approximately 100% 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 feet in height with a maximum slope of 3:1. Berms in excess of six feet
in height shall have a maximum slope of 4:1 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 feet from
the elevation at the property line with approximately 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. Maintenance and Replacement
1. Upon installation or protection of required landscape materials, appropriate measures shall be
• taken to ensure their continued health and maintenance. Required landscape areas and buffers
shall be free of garbage and trash, weeds, pests, and disease. Required plant materials that do
not remain healthy shall be replaced consistently with these provisions.
2. All landscaping materials and/or fences, walls, or berms shall be maintained by the owner(s) of
the property that was required to install such landscaping materials and/or fences, walls, or
berms under this Section.
3. Any canopy tree removed or otherwise destroyed by the willful act or negligence of the property
owner, tenant, or contractor shall be replaced by a tree of the same or larger caliper.
H. Appeals
1. Appeals of the terms of this Section, with the exception of Section G, Maintenance and
Replacement, shall be to the Design Review Board (DRB).
2. An appeal shall be made within 30 days of the date of the notification of the decision by filing
with the Administrator a notice of appeal specifying the grounds thereof.
3. . The DRB may authorize on appeal alternative buffer standards for a specific property or a
waiver to the Buffer Requirements of this Section when such standards or variance will not be
contrary to the public interest where, owing to unique and special conditions not normally found
in like areas, a strict enforcement of the provisions of the ordinance by the Administrator would
result in unnecessary hardship, and so that the spirit of this Section shall be observed and
substantial justice done.
Ordinance No. 2879 Page 120
7.7 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, in
order 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. Minimum Requirements
In all cases, the following requirements shall be held as minimum:
1. All dumpsters shall be screened. Screening shall be at least as tall as the dumpster(s) and may
be achieved through the use of buildings, fences, or walls. Plant materials may be used to
supplement required screening.
2. Multi-family developments shall provide the required pad and screening for one eight-yard
dumpster per sixteen dwelling units.
3. Single-family developments with a lot width of less than 50', not served by approved,
accessible alleys, shall provide the required pad and screening for one eight-yard dumpster per
sixteen (16) dwelling units.
4. The interior clearance (inside the screen) dimensions for a single 300-gallon container
enclosure shall be ten feet deep by ten feet wide (10'x 10').
5. The interior clearance (inside the screen) dimensions for a single (one eight-yard) dumpster
enclosure shall be twelve feet deep by twelve feet wide (12'x 12').
6. The interior clearance (inside the screen) dimensions for a double (two eight-yard) dumpster
enclosure shall be twelve feet deep by twenty-four feet (12'x 24') wide.
7. Bollards and other such devices shall not be set within the minimum width dimensions noted
above.
8. All required containers and dumpsters pads shall be constructed of six inches (6") of steel-
reinforced concrete.
9. All required containers and dumpsters shall be screened by means of an approved six-foot (6')
high opaque device on a minimum of three sides. Depending on visibility to pedestrian and
vehicular traffic, a gate may be required. Materials may be dictated by the terms of a
Conditional Use Permit (CUP) or the Design Review Board (DRB).
10. The Ingress, egress, and approach to all dumpster pads shall conform to the fire lane
requirements.
7.8 Drainage and Stormwater Management
This Section is reserved. Any reference to this Section shall apply to Chapter 13 of the Code of Ordinances,
Flood Hazard Protection.
Ordinance No. 2879 Page 121
7.9 Non-Residential Architectural Standards
A. Applicability
The design standards of this Section shall apply to non-residential buildings located in any zoning
district with the exception of the M-1, M-2, R&D, NG-1, NG-2, and NG-3 districts. All buildings shall
be subject to the following standards. This applies to single tenant buildings, multiple tenant
buildings, and any grouping of attached or stand alone buildings and associated out parcels.
Exemptions:
• Churches
B. Required Screening
All mechanical equipment shall be screened from view or isolated so as not to be visible from
any public right-of-way or residential district within 150 feet of the perimeter boundary of the
subject lot or tract, measured from a point five (5') feet above grade. Such screening shall be
coordinated with the building architecture, materials, colors and scale to maintain a unified
appearance. Acceptable methods of screening are: encasement, parapet walls, partition
screens, brick/stone/masonry walls or fences.
Detention ponds shall be screened using berms, shrubs, brick/stone/masonry walls or a
combination of these to achieve a 3-foot high screen above the visible perimeter of the pond's
finished grade.
No screening is required for retention ponds designed to also serve as year round water
features.
C. Building Mass and Design
The geometric plane of the front or main building(s) facade on the first two (2) stories shall use
architectural relief every forty-five (45') feet to provide visual interest by incorporating a minimum of
two (2) design elements from the following options: canopies, wall plane projections or recessions
with a minimum of four(4') depth, vertical expression of structural bays, pilasters, columns, bay
windows, balconies that extend from the building, recessed entries, stoops, porches, arcades, boxed
or bay windows, permanent decorative awnings, and or windows accompanied by overhangs. Along
all other facades visible from a right-of-way, there shall be some architectural relief or wall recession
or projection every sixty (60') feet as described herein.
Roof or Parapet
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Ordinance No. 2879 Page 122
As represented above, on buildings three (3) stories or less, the horizontal line of a flat roof
(or parapet) along the front or main building(s) facade shall vary by a minimum of two feet
(2') feet up or down so that no more than sixty-six (66%) percent of the roofline is on the
same elevation.
D. Building Materials
All buildings developed as a building plot shall have materials and colors that are similar and
complement each other architecturally. This applies to all out-parcel buildings, regardless of their
use. All exterior facades of an out-parcel building will be considered primary façades. All buildings
shall employ architectural, site, and landscaping design elements that are integrated with and
common to those used on the main/primary buildings or structures on site. These common design
elements shall include buildin0 materials assnriated with the main/primary structure. In the event
that an out-parcel or non-primary building(s) is developed before the primary/main building(s),
then all other buildings, with the exception of stand alone restaurants, shall have materials and
colors that are similar and complement each other architecturally to the building constructed first.
1. When determining area herein, windows and doors are included.
The following applies only to the first two (2) stories of all buildings. All building facades that
are visible from a right-of-way shall consist of a minimum of one or more of the following
building materials:
a. fired brick
b. natural stone
c. marble
d. granite
e. tile
f. Any concrete product so long as it has an integrated color and is textured or patterned
(not aggregate material) or covered with brick, stone, marble, granite or tile or material
fabricated to simulate brick, stone, marble or granite.
All other materials are prohibited unless authorized herein or by the Design Review Board
(DRB).
2. Stucco, EIFS (Exterior Insulation and Finish Systems), hardboard, concrete products as
described above, reflective glass, certain metal products described in this section below,and
cedar siding are allowed on visible unscreened façades subject to the following limitations:
a. Stucco, EIFS, concrete products as described above, hard board, or any material
equivalent in appearance and quality as determined by the DRB, shall not cover more than
seventy-five percent (75%) of the overall façade.
b. Wood or cedar siding shall not cover more than thirty percent (30%) of any facade.
c. Smooth face, tinted concrete blocks shall only be used as an accent and shall not cover
more than ten percent (10%) of any façade.
d. Buildings less than 5,000 S.F. may use one hundred percent(100%) EIFS, Stucco,
hardboard, or concrete products as described above, but only if it is painted or tinted with
a minimum of two (2) colors to avoid monotony.
e. Reflective glass shall not cover greater than eighty percent(80%) of the front facade and
may be used 100% on any other facade.
f. Stainless steel, chrome, standing seam metal and premium grade architectural metal may
be used as an architectural accent and shall not cover greater than twenty percent(20%)
of any facade.
g. Painted steel panel siding and galvanized steel is allowed on the rear facade of buildings
when the façade is not visible from a right-of way, parkland, or greenway; provided
however, if these materials are used, then the facade must be screened from adjacent
properties. This screening shall be installed regardless of adjacent property zoning or use
and in no way shall this Section diminish the requirements for Buffering required in
Ordinance No. 2879 Page 123
Section 7.6 Plantings, fences, or walls which meet the specifications established in
Sections 7.6F2 or 7.6F3 with substitutions allowed as provided for in Section 7.6F4 are
permitted screening materials and methods. Use of these alternative building materials
shall count toward the required percentages of materials as described herein.
h. Galvanized steel and painted steel are allowed on doors, including roll-up doors.
3. Single buildings or combination of buildings of 20,000 S.F. or greater shall have a minimum of
twenty-five percent (25%) (calculation shall be based on the area of the first two stories of the
front or main building(s) façade) brick, stone, marble or granite or a material fabricated to
simulate brick or stone (not split face concrete masonry) on the front or main facade(s). All
facades visible from the street shall have only brick, stone, marble, granite, tinted split face
masonry blocks or tile below thirty (30") inches from the ground surface.
4. Metal, standing seam metal, architectural metal or steel may be used as a roof and or
canopy/awnings with no limitation on percentage.
5. Metal or hardboard may be used as a structural material as long as it is not visible.
E. Building Colors
All building façades and roofs shall consist of only colors from the color palette approved by the
City Council as amended by the DRB and maintained in the Office of the Administrator. All other
colors shall be considered accent colors and may be used on no more than fifteen percent(15%) of
the façade on which the accent color is applied; neon, metallic (except copper and silver metallic
colored roofs) and fluorescent colors are prohibited on any façade or roof. When applying brick,
colors normally found in manufactured fired brick are permitted. All colors of natural stone are
permitted. Building and roof color requirements apply to all new buildings, redeveloped buildings,
and façade work. Color samples shall be submitted for approval to the Office of the Administrator.
Existing buildings may continue to utilize colors that are not from the approved color palette
provided that repainting is done for maintenance purposes only and the existing color is continued.
Any color change on existing buildings shall be brought into compliance with this ordinance and
color samples shall be submitted as provided herein.
F. Pedestrian / Bike Circulation &Facilities
1. Each building shall provide a facility capable of storing a minimum of four (4) bicycles.
2. 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. Bicycles may be permitted on sidewalks or other paved
surfaces provided that the bicycles do not block or interfere with pedestrian or vehicular traffic.
3. Bicycle facilities shall be constructed so as to enable the user to secure a bicycle by locking the
frame and one 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 points. Facilities shall be
anchored securely to the ground or building.
G. Traffic Impact Analysis
This section establishes requirements and procedures pertaining to traffic impact analysis (TIA) for
non-residential developments. These requirements are intended to inform the applicant of the
City's expectations, expedite the City staff's review process of TIA reports, provide standard criteria
for evaluating development proposals, and establish equitable mitigation and cost sharing policies.
The TIA is intended to develop public/private partnerships to coordinate land use and
transportation facility development. Both the City of College Station and the land developer share
in the responsibility to consider all reasonable solutions to identified transportation problems.
1. Purpose
This process is done simultaneously with the submittal of a site plan. The goal of this study is
to look at a specific development of known size and use and to determine the effect of that use
on the existing roadway system. It uses existing traffic volumes and assumes the existing
Ordinance No. 2879 Page 124
roadway configuration to be used for analysis. This process should ensure that the roadway
system is adequate to accommodate the proposed use and may recommend mitigation
measures necessary to ensure efficient traffic flow around the proposed site (as based on
intersection and roadway levels of service).
2. Objective
A TIA is intended to define the immediate impacts of the proposed development and any
necessary transportation improvements (public or private) required to ensure a satisfactory
level of service on all affected thoroughfares. A TIA is designed to mitigate traffic impacts by
optimizing roadway capacity, access design, and traffic control. A TIA may not be used to deny
development permitted by zoning, nor shall it be used to modify road design contrary to the
Comprehensive Plan. Specific improvements to the existing roadways consistent with the
Thoroughfare Plan may be needed to gain approval of site plan proposals.
3. Definitions
Trip Generation Rates -The City's criteria for trip generation for various categories of land use
and density shall be those set forth in the latest edition of the trip generation informational
report published by the Institute of Transportation Engineers (ITE) unless the proposed use
does not have a corresponding rate in the Trip Generation Manual. Alternate trip generation
rates shall not be accepted but shall instead be adopted for City-wide use on the basis of a
general study of local conditions.
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 TIAs shall use a
design year based on the expected date of project occupancy.
Base Volumes - Base volumes shall be based on current traffic counts adjusted to the expected
date of project occupancy. When available, all base data shall be supplied by the City Traffic
Engineer. In all cases when ground counts are needed and are not available, the developer or
his agent shall be required to collect such data.
Level of Service(LOS) - Level of service is a measure of the level of congestion experienced on
roadways. The desirable minimum level of service of the City of College Station is Level of
Service D in the peak hour. Level of service shall be measured of both link and intersection
operations.
4. Applicability
A TIA will be required for non-residential site plans submitted for approval that generate 5,000
trips or more per day. A TIA may be required for non-residential site plans submitted for
approval that generate less that 5,000 trips per day, where the peaking characteristics could
have a detrimental impact on the transportation system as determined by the Administrator or
his designee.
All TIAs shall be performed by a consultant qualified to perform such studies. Requirements for
mitigating negative traffic impacts shall apply to all cases. In certain cases, due to project
phasing, a TIA might be required with a concept plan submittal.
It is the responsibility of the applicant to demonstrate that a TIA is not required for a non-
residential site plan application, as defined in Section 3.5. In cases where a TIA is required,
the site plan application will be considered Incomplete until the TIA is submitted.
5. Methodology
A pre-submission consultation with the Administrator or his designee is required. Details of the
required analysis and the study area will be determined at this meeting. In certain instances,
traffic from other approved but not built developments may have to be accounted for in traffic
assignments. Staff may also require specific assumptions such as percent trucks be altered to
match local conditions. Peak hour analysis might be directed to reflect the peak 15 minutes for
Ordinance No. 2879 Page 125
certain types of land uses. All of these types of issues will be addressed at the pre-submission
consultation.
The following procedures shall be followed in preparing traffic impact studies submitted to the
City:
6. Content
a. Study Area -A map(s) shall be included delineating the TIA study area and all existing
and planned streets therein. The study area will be defined in the pre-submission
consultation meeting with the Administrator or his designee.
b. Existing Zoning and Development- Describe existing zoning including land area (gross
and net) by zoning classification, square footages, numbers of hotel rooms, dwelling units,
etc. Also, describe any existing development on-site and how it will be affected by
development proposals.
c. Thoroughfare Network- Describe existing thoroughfares, signals and signal phasing, and
traffic volumes within the study area.
d. Proposed Development- Describe the proposed development including land area (gross
and net), square footage, number of hotel rooms, dwelling units, etc. Also describe
roadway conditions as expected by date of occupancy. Indicate roadway and intersection
capacities at study date.
e. Impact Determination - Determine the level of service for all thoroughfares and
intersections in the study area. The analysis shall contain the following minimum
information:
1) Proposed Trip Generation - Calculate total trip generation by use (assuming full
development and occupancy) and report any reductions for passer-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-Trips generated by the proposed development
are to be added to the base volumes projected for the design year. Peak hour
volumes must be calculated. Distribution assumptions and assignment calculations
must be provided.
3) Level of Service Analysis - Show in tabular form, 24 hour and peak hour V/C ratios
for links and intersections within the study area. This analysis should be done for
the following traffic conditions: existing traffic, background traffic, background plus
project traffic. Analyze all points of ingress and egress, median breaks, and turn
lanes associated with the proposed site.
4) Conclusions - Provide a summary of points of conflict and congestion. Identify all
thoroughfare links or intersections exceeding a Level of Service D and the percent
increase in total traffic produced by the proposed site plan. Identify any operational
problems (e.g., drives, median openings, and signalization) within the study area.
f. Mitigation -Traffic levels exceeding Level of Service D, where the development is
contributing 5% or more of the total trips shall be mitigated to predevelopment levels.
Problems demonstrated by the TIA can be corrected by:
1) Access Management requirements in addition to those provided in Article 7.3 and
the City of College Station Engineering Design Guidelines relating to driveway and
median opening spacing.
2) Modifying density or intensity of use (e.g., reduction in square footage or
percentage of commercial use).
3) Phasing construction until additional roadway capacity becomes available.
4) On-site improvements including access controls and site circulation adjustments.
5) Off-site improvements including the construction of additional lanes where the
surrounding thoroughfares are not fully developed or intersection improvements,
including signalization, where the surrounding area is approaching full development.
Ordinance No. 2879 Page 126
g. Costs of Mitigation - Mitigation improvements which 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.
H. Parking Lots
These requirements are in addition to and not in lieu of the requirements established in Section
7.2. Off Street Parking Standards.
1. Where parking is located in the front of the building thele shall be a minimum leis fool(10')
setback from the right-of-way line to the parking area. This additional setback requirement
shall not apply it the proposed building(s) resides in an existing overlay district.
2. In order to break up the parking lot area and minimize visual impact, one of the following
parking concepts is required on any parking lot with greater than one hundred twenty (120)
parking spaces. Parking concepts shall be approved by the Administrator provided that it meets
one of the following minimum criteria. Pedestrian ways are allowed within the below-described
areas.
a. Concept 1 - Every one hundred twenty (120) parking spaces shall be a separate and
distinct parking area connected by driving lanes but separated by landscaping strips a
minimum of eight (8') feet wide and the full length of the parking row. Where pedestrian
facilities are located within landscape strips or where vehicles would overhang these
strips, the strip shall be a minimum of ten (10') feet wide; or,
b. Concept 2 - For every one hundred and twenty (120) parking spaces, an 1800 square foot
landscaped island shall be installed (Landscape Pods). Such island(s) shall be located
internal to the parking lot and shall be located so as to visually break up each one
hundred twenty (120) parking spaces. The landscaping square footage calculation for
parking lots greater than one hundred twenty (120) parking spaces shall be pro-rated at
fifteen (15) square feet of landscaping per parking space; or,
c. Concept 3 - For every one hundred twenty (120) parking spaces, an additional 1,800
square feet of landscaped area shall be added/distributed to the interior row(s) end
island(s) located closest to the right-of-way line (i.e. in conjunction with the minimum
setback creating a double row of landscaping) but in no event shall the additional
landscaped area be located farther than one hundred feet(100') from the right-of-way
frontage. The landscaping square footage calculation for parking lots greater than one
hundred twenty (120) parking spaces shall be pro-rated at fifteen (15) square feet of
landscaping per parking space.
Ordinance No. 2879 Page 127
PROPOSED BUILDING artb '
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1800 SF PER 120 CARS:LANDSCAPE BUFFER
3. Interior island area requirements, as required in Section 7.2, may be consolidated into end
islands, landscape strips, and landscape pods.
Ordinance No. 2879 Page 128
4. Shopping cart storage spaces shall be identified on the site plan. These spaces shall not be
located in landscape islands or any areas designed for plantings or pedestrian or bike access.
I. Additional Standards for 50,000 S.F. or greater
In addition to the standards set out in this Section 7.9, the following shall apply to any single
building or combinations of buildings of 50,000 S.F. or greater, whether connected or not, but
developed as one building plot.
1. Building Mass and Design
Facade articulation (wall plane projections or recessions) is required on the first two (2) stories
of the front or main building(s) facade. No more than thirty-three percent (33%) of the front
or main building(s) facade shall be on the same continuous geometric plane. Restaurant out-
parcels are excluded from this articulation requirement but are required to provide
architectural relief as provided herein. Wall plane projections or recessions shall have a
minimum depth of four(4) feet.
2. Building Colors
Accent colors may be used on no greater than ten percent(10%) of the facade on which the
accent color is applied.
3. Landscaping
These requirements are in addition to and not in lieu of the requirements established in
Section 7.5 Landscaping and Tree Protection.
a. The minimum required landscape points for a site shall be double (2 x minimum landscape
points) of that required for developments of less than 50,000 S.F. The minimum allowable
tree size is two (2") inch caliper. Streetscape point requirements remain the same and
shall count toward the landscape point requirement.
b. Tree wells are required along fifteen percent (15%) of the linear front of the main
building(s) façade. Each tree well shall include canopy trees. This landscaping shall count
toward the overall landscape requirement.
c. All landscaping strips, islands, pods,and areas used to segregate the one hundred twenty
(120) space parking areas as provided for above under"Parking Lots" must include
canopy trees or structural shading.This requirement shall not apply to auto sales lots.
d. The substitution of two (2) non-canopy trees for one (1) canopy tree is not allowed for
more than fifty percent (50%) of the overall canopy tree requirement. Massing of trees is
allowed.
4. Pedestrian / Bike Circulation &Facilities
a. There shall be designated connections among primary buildings and out-parcels 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.
b. In centers with multiple tenants, one or more facilities capable of storing eight (8) bicycles
shall be placed in clearly designated, safe, and convenient locations, such that no tenant
entrance is farther than one hundred fifty feet (150') from a bike facility.
c. Pedestrian walkways shall be a minimum of five (5') feet wide. Pedestrian walkways shall
connect public street sidewalks, transit stops, parking areas and other buildings in a
design that ensures safe pedestrian use.
d. There shall be a ten (10') foot sidewalk along the full frontage of the primary building
façade. Tree wells and planter boxes shall be placed along this walkway and 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 thirty percent (30%) of this area and meets the
requirements of Section 7.11.B.
Ordinance No. 2879 Page 129
J. Additional Standards for 150,000 S.F. or greater
In addition to the above standards, the following shall apply to any single building or combinations
of buildings of 150,000 S.F. or greater, whether connected or not but developed as one building
plot.
1. Each development shall contain a plaza or public space(s) developed as an integral part of the
development and not less than two hundred (200) square feet in area. Such areas shall
incorporate a minimum of three (3) of the following:
■ Seating components*
• Structural or vegetative shading*
• Water features*
■ Decorative landscape planters*
• Public Art*
• Outdoor eating accommodations
■ Hardscape elements at entrances and within the parking area such as decorative pavers,
low masonry walls, public art, clock towers, etc.
*These public areas may be located within the parking landscape areas.
2. The minimum allowable tree size is two and one half(2.5") inches caliper.
3. Accent colors may be used on no more than five percent(5%) of the facade on which the
accent color is applied.
K. Variances- Design Review Board (DRB)
The DRB may grant a variance from the standards contained in Section 7.9 of up to 75% of the
total percentage permitted for 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; and
b. The material is similar and comparable in quality and appearance to the materials allowed
in this Section 7.9; and
c. No variance shall be granted to requirements for brick or stone on buildings twenty
thousand (20,000) square feet or greater; and
d. Financial hardship shall not constitute a basis for the variance; and
e. The material is an integral part of a themed building (example 50's diner in chrome).
2. Alternate colors or materials on each facade if the applicant shows that:
a. The applicant is a franchised and/or chain restaurant to be developed as a single detached
building (not integrated into a multi-tenant building); and
b. The proposed colors/materials are part of its corporate branding; and
c. The applicant provides all of the alternative color/materials schemes the chain or franchise
has used.
3. Alternative materials on facade work that does not involve an expansion of an existing building
as defined in Section 9 of the UDO or constitute redevelopment if the applicant shows that:
a. The materials allowed in Section 7.9 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 facade materials to the building.
Ordinance No. 2879 Page 130
c. The DRB may grant a variance of up to 100% from the facade articulation or roofline
standards herein if the applicant shows that it Is not financially or structurally feasible.
4. Screening must be provided in accordance with Section 7.9B. Alternatives to the options listed
in Section 7.9B may be considered.
5. Alternatives to the options listed in Section 7.9C may be considered for approval provided that
the alternative incorporates a minimum of two (2) architectural relief elements with spacing as
required under Section 7.9C.
6. The DRB may approve the following alternative parking lot concept as follows:
a. The area of a landscaped plaza may be credited toward the area(s) required for parking
lot landscape concepts in Section /.YH3b provided that each of the following conditions
are met:
1) A minimum of three out-parcel buildings must be clustered around a plaza; and
2) The area of the plaza and associated landscaping/water features/fountains shall be
no less than 1800 square feet for every one hundred twenty (120) parking spaces;
and
3) The clustered buildings may not be physically separated by parking spaces.
The area of the landscaped plaza shall only count toward parking spaces located directly
behind the clustered buildings and plaza. The point of orientation for determining what is
"behind"the clustered buildings and plaza shall be from the adjacent street with the highest
rating on the Thoroughfare Plan. All other parking spaces shall meet requirements established
in 7.9H3b for minimizing visual impact of parking spaces.
The landscaping square footage calculation for parking lots greater than one hundred twenty
(120) parking spaces shall be pro-rated at fifteen (15) square feet of landscaping per parking
space.
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7. Alternate colors on a façade if the applicant shows that:
Ordinance No. 2879 Page 131
a. The applicant is a franchised and/or a chain business to be developed as a single detached
building (not integrated into a multi-tenant building); and
b. The proposed colors are part of its corporate branding; and
c. The applicant provides all of the alternative color schemes the chain or franchise has used.
7.10 Outdoor Lighting Standards
It is recognized that no design can eliminate all ambient light from being reflected or otherwise being visible
from any given development; however, the following requirements shall be followed to the fullest extent
possible in order to limit nuisances associated with lighting and resulting glare.
All lighting within developments ether than single-family residential and duplexes shall meet the
requirements of this Section.
A. 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 any one 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.
B. Specific Lighting Requirements
1. Facade and flagpole lighting must be directed only toward the facade 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.
7.11 Outdoor Storage and Display
A. General
Outdoor storage and display is allowed in nonresidential 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 four types, as follows.
B. Categories of Outdoor Storage and Display
1. Outdoor Display
Outdoor display is display of items actively for sale. Outdoor display shall be allowed adjacent
to a principal building wall and extending to a distance no greater than five feet from the wall.
Such storage shall not be permitted to block windows, entrances, or exits, and shall not impair
the ability of pedestrians to use the building or sidewalk.
2. Permanent Outdoor Sales Areas
Merchandise may be stored or displayed for sale to customers in areas contiguous to the
principle building. Permanent outdoor sales areas shall be enclosed by a minimum six-foot
screen or wall. Such areas shall not exceed 1,000 square feet or 10 percent of the total site
area, whichever is greater. Permanent outdoor sales areas must comply with district setback
requirements. Such areas may not interfere with parking and 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.
Ordinance No. 2879 Page 132
3. Temporary Outdoor Sales and Storage
Temporary Outdoor Sales Areas, including sales tents, may be displayed for a two-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 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 feet but
not more than eight feet in height. Except for developments in the M-2 district, outdoor
storage shall not exceed the height of required screening. Outdoor storage shall not he
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's 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.
Ordinance No. 2879 Page 133
APPENDIX VII
Article 11. Definitions
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 Section 11.2 shall take their common dictionary meaning, except as
modified by use as terms of art in planning or engineering.
11.2 Defined Terms
For the purpose of this UDO, certain words as used herein are defined as follows:
Accessory Use or Structure, or Building:
(1) A building, structure, or use which is subordinate to and serves a primary use or principal
structure;
(2) A building, structure, or use which is subordinate in area, extent, or purpose to the primary use
served;
(3) A building, structure, or use which contributes to the comfort, convenience, or necessity of
occupants of the primary use served;
(4) A building, structure, or use which is located within the same zoning district as the primary use;
and
(5) A building, structure, or use which in residential districts is not used for commercial purposes
other than legitimate home occupations, and is not rented to other than bona fide servants
employed on the premises and members of the family of the occupant(s) of the principal
structure.
Examples of accessory buildings, structures, or uses include, but are not limited to, private garages,
greenhouses, living quarters for family or servants, tool sheds, radio or television antennae, or
bathhouses. Persons are related within the meaning of this section if they are related within the second
degree of consanguinity or affinity.
Administrator: The Development Services Director, or his designee, shall serve as the Administrator.
Adult Arcade: Any business enterprise that offers or maintains one 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.
Adult Motel: A hotel, motel, or similar commercial establishment which:
Ordinance No. 2879 Page 134
(1) Offers accommodations to the public for any form of consideration; provides 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 period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent room for a period of time that is less
than 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 persons in an enclosed common area or are presented in a
common area of more than 150 square feet.
Adult Retail Store: A business enterprise which meets any of the following tests:
(1) Offers for sale or rental items from any two of the following categories:
(a) sexually-oriented materials;
(b) lingerie; or
(c) leather goods which 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 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 feet in height with a management-controlled system of
access to ensure that only persons over the age of 18 years are allowed to enter the area;
(3) Devotes more than ten 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 feet(8') in height with a management-controlled system of
access to ensure that only persons over the age of 18 years are allowed to enter the area;
(4) Devotes more than 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 percent and not more than forty 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 which are marketed or presented in a context to suggest their use in
connection with specified sexual activities;
(1) All sexually-oriented materials are separated from other sales and display areas by an opaque
wall at least eight feet in height with a management-controlled system of access to ensure that
only persons over the age of 18 years are allowed to enter the area; and
(1) 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.
Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features
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 or fewer persons per
machine at any one 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 person to occupy an adult video viewing booth at
any time.
Ordinance No. 2879 Page 135
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 WTFs or Stealth Antenna.
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.
(1) Omni-Directional Antenna ("Whip"Antenna) - transmits and receives radio frequency
signals in a 360 degree radial pattern.
(2) The Directional Antenna ("Panel"Antenna) - transmits and receives radio frequency signals
in a specific directional pattern of less than 36(1 degrees.
(3) The Parabolic antenna ("dish"antenna) - is a bowl-shaped device for the reception and/or
transmission of radio frequency signals in a specific directional pattern.
Apartment Building: See "Multi-family Dwelling".
Appeal: An appeal is 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.
Applicant: An individual seeking an action, a permit, or other approval under the provisions of this UDO.
Area of Special Flood Hazard: The land adjacent to a clearly defined channel within a community subject to a
one percent or greater chance of flooding in any given year. The area may be designated as Zone A on
the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for
publication of the Flood Insurance Rate Map (FIRM), Zone A usually is refined into Zones A, AE,AH, AO,
Al-99, VO, V1-30, VE, or V.
Art Studio or Gallery: Where objects of art are created or displayed for the 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.
Arterial, Major/Minor: See "Street, Arterial."
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.
Automobile Repair and Service: See "Vehicle Repair and Service Shop."
Automobile Sales and Rental: See "Vehicle Sales and Rental."
Barricade Area For Existing Trees: An area extending in a radius of one foot per caliper inch of tree diameter
from the protected tree that prevents intrusion by construction equipment, vehicles, and people, but
allows only hand clearing of underbrush.
Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year ("The 100-
Year Flood").
Bed and Breakfast Inn: A residential structure where two or fewer rooms are rented to transient paying guests
on an overnight basis with no more than one meal served daily, where no cooking facilities are provided in
the rooms and where the total number of permanent and transient occupants does not exceed four at any
one time.
Board of Adjustment: The Zoning Board of Adjustment of the City of College Station.
Boarding House: See "Rooming/Boarding House."
Body Rub Parlor: Any business enterprise where body rub services are provided in order to induce relaxation or
for other purposes.
Building: A "building" is 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 Coverage: Building coverage refers to the area of a lot covered by buildings (principal and accessory) or
roofed areas, as measured along the outside wall at ground level, and including all projections, other than
open porches, fire escapes, canopies, and the first two feet of a roof overhang.
Building Official: The designated "Building Official" of the City of College Station, or his designated
representative.
Building Plot or Premises: All of the land within a project, whether one 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 review 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
Ordinance No. 2879 Page 136
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
that the structure sits astride two or more lots. In the event that two 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.
Bulk 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.
Business Development Corporation: Shall mean the College Station Business Development Corporation, Inc..
This corporation is the non-profit corporation created by the City to promote, assist, and enhance
economic development in the City of College Station.
Caliper: This shall mean the width of the trunk of a tree and shall be measured at twelve inches above grade.
Canopy Tree: See "Tree, Canopy".
Carport: A structure which has enclosing walls for less than 50% of its perimeter covered with a roof and
constructed specifically for the storage of one 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.
Chief of Police:The Chief of Police of the City of College Station.
Church or Place of Religious Worship: A building in which persons regularly assemble to worship, intended
primarily for purposes connected with faith or for propagating a particular form of religious belief.
City: The City of College Station,Texas.
City Attorney: The "City Attorney" of the City of College Station.
City Manager: The "City Manager" of the City of College Station.
Classification Amendment: An amending zoning ordinance which 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: An institution, public or private, or a station for the examination and treatment of out-patients by a group
of doctors, dentists, opticians, veterinarians, psychologists, or other similar medical professionals. In
general, a clinic shall not exceed 20,000 square feet in size, and larger clinics shall be considered to be
hospitals.
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 wireless telecommunications provider shares a wireless telecommunications
support structure.
Commercial Greenhouse: A structure or location where plants, vegetable, 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 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 are excluded from this definition.
Commission: The Planning and Zoning Commission of the City of College Station,Texas.
Common Open Space: A 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 residents of a
proposed project.
Common Property: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment
of which are legally shared by the owners and occupants of the individual building sites in a Planned Unit.
Community Services: See "Public Uses."
Concept Plan: A written and graphic plan submitted for consideration of a Planned Development District or a
Planned Mixed-Use District that indicates in a conceptual form, the proposed land uses and their overall
impact on the subject land and surrounding lands.
Ordinance No. 2879 Page 137
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.
Construction Plans: The construction documents required to accompany the final plat according to this UDO of
the City of College Station, or the building and site plans required for the issuance of a Building Permit by
the City of College Station.
Co-op Housing: A building under joint occupancy that provides group sleeping accommodations for more than
four persons per household, where each unit may be equipped for food preparation and where some
common facilities (e.g., living areas, bathrooms, dining areas) serve all units within that building.
Corner Lot: A lot abutting upon two or more streets at their intersections.
Country Club: Land area and buildings containing golf courses or other recueational facilities, d clubhouse, and
customary accessory uses, open to members and their guests.
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; and
which children or elderly adults are not members of the immediate nuclear family of any natural person
actually 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; and which persons are not members of the immediate nuclear
family living in the residence. Nothing in this definition shall conflict with the provisions of Chapter 123 of
the Texas Human Resources Code.
Density:The number of dwelling units per net acre.
Detention: The temporary storage and controlled release of stormwater flows.
Development: Any man-made 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 Senior Assistant City Engineer assigned to the City's Planning &Development
Services Department and designated as the Development Engineer.
Direct-To-Home Services: The distribution, broadcasting, or programming of services by satellite directly to the
subscriber's premises without use of ground receiving or distribution equipment, except at the subscriber's
premises or in the uplink process to the satellite; examples are direct broadcast satellites (DBS), multi-
channel multipoint distribution (MMDS), and television broadcast stations (TVBS).
Dormitory: Any structure specifically designed for the exclusive purpose of housing students of a university,
college, or school, excepting resident staff.
Drainage Area: That 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 Easement: An interest in land granted to others for maintenance of a drainage facility, on which certain
uses are prohibited; and providing for the entry and operation of machinery and vehicles for maintenance.
Drainage Facility: Any element necessary to convey stormwater flows from its initial contact with earth to its
disposition in an existing watercourse; said drainage facilities shall consist of both public and private storm
sewers (closed conduits), streets, improved channels constructed in conformity with the adopted Drainage
Policy and Design Standards, unimproved drainageways 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,
culverts, etc.
Drainage System, Primary:The system of natural watercourses, improved or channelized watercourses; and all
closed conduits, culverts, bridges, detention facilities, and retention facilities associated with the
watercourses; all of which are shown or indicated in the Drainage Policy and Standards.
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
�� ,o: y�V,W conveyance of stormwater flows.
Drip Molding: A horizontal molding placed over an exterior door or window frame to divert rainwater.
I, Duplex Dwelling: A residential structure providing complete, independent living facilities for two separate
ii,
Fr'> families, including permanent provisions for living, sleeping, cooking, eating, and sanitation in each unit.
I :, , i Dwelling Unit (DU): A residential unit providing complete, independent living facilities for one family including
) permanent provisions for living, sleeping, cooking, eating, and sanitation.
Ordinance No. 2879 Page 138
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, 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 7.5 feet in width.
Educational Facility, Instruction Indoor: Any facility or premises regularly attended by one 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.
Educational Facility, Instruction Outdoor! Any facility or premises regularly attended by one 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 education or instruction of students below the age of 20.
Educational Facility, Tutoring: Any facility or premises regularly attended by one 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 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 NGVD, to a point or object. If the elevation of point A
is 802.46 ft., the point is 802.46 ft., 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.
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 before the effective date of
the FIRM. "Existing construction" may also be referred to as "existing structures."
Existing Development: Any development as defined above which existed or was permitted prior to the date on
which this UDO became effective.
Existing Tree: Any self supporting woody plant, with one or more well-defined trunks, two inches (2") in diameter
or greater at one foot above the ground.
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; provided that this definition shall not include rooms in
any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons.
Exterior Side Yard: A yard that faces and is parallel to a side street.
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 corporate limits of the City of College Station, the
outer boundaries of which are measured from the extremities of the corporate limits of the city, 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.
Ordinance No. 2879 Page 139
Façade Work: The removal, or 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 facade treatment.
Family: A family is one or more persons occupying a single dwelling unit, provided that unless all members are
related by (1) blood, (2) adoption, (3) guardianship, (4) marriage, or(5) are part of a group home for
disabled persons, no such family shall contain more than four persons.
Federal Emergency Management Agency(FEMA): An agency of the Federal Insurance Administration which
administers the National Flood Insurance Program.
Feeder Line: Any line, wire, or cable and appurtenances which distributes, transmits, or delivers a utility service
from a source to a general area or to 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 (FHBM): An official map of a community, issued by the Federal Insurance
Administration, 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 Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
Flood Insurance Study:The official report provided by the Federal Emergency Management Agency. The report
contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary
Floodway Map.
Floodplain or Flood-Prone Area: Any land susceptible to being inundated by water from any source (see
definition of flooding).
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 in order 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.
Floodway:The channel of a river or other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water surface elevation more than one
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 .01 foot, 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 FEMA floodway,
but always includes the FEMA floodway. The boundaries of the 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: Floor Area Ratio (FAR) is 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 meet 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 enclosed work area for servicing and repair of four or more
standard size automobiles or light (standard size) trucks, or for one 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 a Homeowners Association (HOA) and
having its primary means of access controlled by an electric or manual gate administered by the HOA.
Ordinance No. 2879 Page 140
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 Manager: The "Greenways Manager" of the City of College Station.
Groundcover: A spreading plant including sods and grasses less than 18 inches in height.
Group Home: A home serving six or fewer mentally or physically handicapped persons provided the home
provides care on a 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 Human Resources
Code.
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, or exercise, or other
customary and usual recreational activities, operated for profit or not for profit and which is open only to
members and guests of the club or facility.
Height: The vertical distance from the established grade at the center of the front of the structure to the highest
point of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level
between eaves and ridge for gabled, hip, and gambrel roofs.
Home Occupation: An occupation, profession, activity, or use that is clearly a customary, incidental, and
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.
Hospital or Sanitarium: A building, or portion thereof, used or designed for the medical or surgical treatment of
the sick, mentally ill, or injured persons, and including as an integral part, related facilities such as
laboratories, outpatient facilities, or training facilities; provided that 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 cafe, 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 30 days and whose permanent address for legal purposes is not the lodging or dwelling unit
occupied by the visitor.
Impervious Surface: Impervious surface is a measure of land use intensity and is the proportion of a site
occupied by impervious surfaces including, but not limited to, buildings, sidewalks, drives, and parking.
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 parts,
predominantly from extracted raw materials, or a use engaged in storage of, or manufacturing processes
using flammable or explosive materials, or storage or manufacturing processes that potentially involve
hazardous or commonly recognized offensive conditions.
Irrigation System: A permanent, artificial watering system designed to transport and distribute water to plants.
Land Use: A use of land which may result in an earth change, including, but not limited to, subdivision, residential,
commercial, industrial, recreational, or other development, private and public highway, road and street
Ordinance No. 2879 Page 141
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 deliver service from a
feeder line to two or more sites or end users of the utility service within a specific development.
Levee: A man-made structure, usually an earthen embankment, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
Levee System: A flood protection system which consists of a levee, or levees, and associated structures, such as
closure and drainage devices, which are constructed and operated in accordance with sound engineering
practice.
Lot: The physical and undivided tract or parcel of land as shown on a duly recorded plat. The following represent
the various platted lot types:
(1) Corner Lot: A lot located at the E51.-OG It
intersection of and abutting upon -- Lor - --
two or more streets. _"-� ---)1 ���1TAG. j-- \
(2) Double Frontage or Through — 1 GORNIi2 I INTE OQ
Lot: A lot, other than a corner lot, j LOT I Lar '.N
which has frontage on more than I •
one street. —..—...4___________I
0.41 -w�CSYN Ro UGH GORNE2
(3) Flag Lot: A lot not fronting on or LoT FLA4 �•
abutting a public road and where • <p•.."-r.H i LOT I La, I Lor , \
access to the public road is by a /
narrow, private right-of-way. . �sIr, `_ .. I I /
i
L4-1- �1 K LOT 1
(4) Interior Lot: A lot other than a LAN BS
INTER-1o2-: I w1oTH
corner lot. LOT •
Lot Area: The horizontal land area within lot lines, -•---I i 1 1 /
excluding any wetlands and/or drainage 1.---i sTfr.BiflT ---z....--) ,"
easements. -----
-••- LOT LINMS
Lot Line Construction: A development where i bLOG,G 50UNIPARY
houses on a common street frontage are
shifted to one side of their lot to maximize side yard area on the opposite side of the lot. Planning for all
house locations are 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: Lot width is measured between side lot lines along a line that is parallel to the front lot line or its chord
and that is located the minimum front setback distance from the front lot line.
Lowest Floor: The lowest floor of the lowest enclosed area (including 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 so as
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, according to the rules of the United States
Department of Housing and Urban Development, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on
site, is 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.
Ordinance No. 2879 Page 142
Manufacturing and Production: See "Industrial, Light and Heavy."
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 of Texas, or persons under the direct supervision and control of such
licensed persons.
Maximum Density: This is a gross density calculation. It is the total number of dwelling units on a site or in a
subdivision divided by the total land area (in acres) of the site or subdivision.
Mean Sea Level: The National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which the base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
Medical Clinic: See "Clinic."
Minimum Lot Width: Lot Width at the front setback line.
Mobile Home: A structure that was constructed before June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or,
when erected on site, is 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.
Model Home: A dwelling unit built by a builder or developer to allow potential purchasers to see what the finished
product will look like.
Multi-Family Dwelling: A residential structure providing complete, independent living facilities for three or more
families or households living independently of each other and including permanent provisions for living,
sleeping, cooking, eating, and sanitation in each unit. Condominiums are included in this definition.
National Flood Insurance Program: The National Flood Insurance Program (NFIP) is 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 26 tide
stations, and thus referenced the NGVD to mean sea level.
Natural: The cover and topography of land before 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.
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 75% or more of their gross revenue from the on-premise sale of alcoholic beverages.
Sexually-oriented Businesses/Enterprises are not included in this definition.
Non-Combustible Material: As defined in Chapter Two of the International Residential Code as adopted and
amended by the City of College Station City Council.
Non-Canopy Tree: See "Tree, Non-Canopy."
Northgate District definitions (applicable only to development in Northgate):
Redevelopment: The revision or replacement of an existing land use or existing site through the
acquisition or consolidation, and the clearance and rebuilding of this area according to the
Northgate Redevelopment Plan.
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 installation of walls, accessory structures, and other similar additions.
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.
Ordinance No. 7879 Page 143
Façade Work: The removal, or 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 facade treatment.
Minor Site/Building Projects: The addition, maintenance, and/or replacement of minor building or site
elements, including such actions related to storage building(s), screening, fencing, and refuse
containers. This also includes requests for changes in service for dumpster and other refuse
receptacles.
Nude:The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage 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 Ownership: Property which although belonging to one or more owners, has not been partitioned or
subdivided so as to be owned separately by more than one person, whether or not related or participating
in a joint enterprise.
Outdoor Storage: The keeping, in an unenclosed area, of any goods,junk, material or merchandise in the same
place for more than twenty-four hours and not actively being sold.
Outdoor Display: The placement of goods for active sale outside the building.
Overlay: A zoning district that encompasses one or more underlying zones and that imposes additional
requirements above those required by the underlying zone.
Pad Site: The portion of a building plot that is located on the periphery of the site and has at least 75 feet of
frontage on a public street classified as a collector or greater on the Thoroughfare Plan. A pad site
contains a stand alone, single or multiple tenant structure and meets all site plan requirements within the
pad site area. The total area of all pad sites within a defined building plot may not be more than 1/3 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 further,
where none of the parking spaces abut any property line associated with the proposed project site.
Parking, Peripheral: Parking rows which abut the periphery or property lines 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
on a regular basis by the development.
Parking, Row, Single: A single row of spaces for the parking of motor vehicles.
Parking, Row, Double: Two 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,Side or Rear Yard: Required parking that is provided, in its entirety, behind a setback line of one-half of
the applicable zoning district's minimum lot depth.
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.
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 curbs.
Permitted Use: A use specifically allowed in one or more of the various districts without the necessity of obtaining
a use permit.
Person: Every natural person, firm, partnership,joint venture, association, corporation, or other group 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 which provides services related to grooming, appearance, care, or
repair of personal apparel; and 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,Texas.
Ordinance No. 2879 Page 144
Plat: A map of a subdivision showing the location and boundaries of individual parcels of land subdivided into lots,
with streets, alleys, easements, etc., usually drawn to scale; includes a preliminary plat, final plat, replat,
amending plat, minor plat, development plat, and vacating plat meeting the requirements of Section 8.
Plat, Major: A subdivision involving five or more lots which may or may not front on an existing street and may or
may not require the creation of any new street or the extension of municipal utilities.
Plat, Minor: As defined by Section 212.0065 of the Texas Local Government Code. A subdivision involving four or
fewer lots fronting on an existing street and that does not require the creation of any new street or the
extension of municipal facilities.
Plot Plan: See "Site Plan."
Portable Storage: Any unit, including but not limited to a trailer, box, or other 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.
Premises: An area of land planned and designed as a single comprehensive project, considered from the time the
plan is first submitted to the Development Services Department either at plat stage or site plan stage.
Project Plan: Drawings and related information illustrating a proposed project for which a use permit, site plan
permit, or parking area/landscape approval is sought.
Public Uses/Facilities: A use or facility belonging to or used by the public for the transaction of public or quasi-
public business including, but not limited to, uses such as and similar to libraries and public parks.
Quoin: Units of stone or brick used to accentuate the corners of a building.
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 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 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 on 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 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 the acquisition or
consolidation, and the clearance and rebuilding of this area according to a comprehensive plan.
Registered Professional Engineer: A person duly authorized and licensed under the provisions of the Texas
Engineering Practice Act, to practice the profession of engineering.
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.
Related: Persons are related when they are within the first or second degree of consanguinity or affinity. Persons
are not related by affinity unless lawfully married, and any asserted common law marriage must be
subject to an affidavit of record under the family code, or a judicial determination.
Religious Institution: See "Place of Worship."
Repair Shops: 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.
Replat: A replat is required in cases where new lots are formed within an existing subdivision. A replat follows the
procedure for a final plat and must conform with applicable zoning.
Research Laboratory: An establishment or facility used for carrying on investigation in the natural, physical or
social sciences, which may include engineering and product development.
Residential Sales Office: See"Model Home."
Ordinance No. 2879 Page 145
Restaurant: An establishment that serves food and beverages primarily to persons seated within the building. This
includes, but is not limited to, cafes, tea rooms, and outdoor cafes.
Restaurant— Casual Dining: A restaurant with a market segment between Fast Food and Fine Dining restaurants
usually characterized by table service, a relatively fully-stocked and full-service bar, and a bill per dinner
averaging $10 - $30 for an evening meal and slightly less for lunch and does not provide drive-thru
service.
Restaurants - 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 dinner, and servirec where food and drink are
prepared and served. Customer turnover rates are typically one 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.
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 by means of a permanent pool of
water or permanent pool in conjunction with a temporary storage component.
Reverse Vending Machine: An automated mechanical device which accepts at least one or more types of
beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and which
issues a cash refund or a redeemable credit slip. Sorting and processing occurs entirely within the
machine.
Reverse Vending Machine- Bulk: A reverse vending machine that is larger than 50 square feet and is designed
to accept more than one 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 item at a time.
Rooming/Boarding House: A group of rooms provided for persons other than members of the occupant family
(see definition of 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 Types:
e (1) Flat Roof: A roof with only enough pitch to allow drainage.
(2) Gable Roof: 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).
��
f`� (3) Gambrel Roof: A roof whose slope on each side is interrupted by an obtuse angle that forms two
pitches on each side, the lower slope being steeper than the upper.
,� (4) Hip Roof: A roof formed by several adjacent inclining planes, each rising from a different wall of
building, and forming hips at their adjacent sloping sides.
,� (5) Mansard Roof: A roof with a double pitch on all four sides, the lower level having the steeper pitch.
(6) Shed Roof: A roof having a single-sloping plane.
S lvage 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.
School: A building where persons regularly assemble for the purpose of instruction or education, together with
playgrounds, dormitories, stadia and other structures or grounds used in conjunction therewith and is
Ordinance No. 2879 Page 146
limited to public and private schools used for primary, secondary or college education. This includes any
facility where tutoring of more than 10 students at one time takes place on a regular basis.
Sediment: Soils or other surficial materials transported or deposited by the action of wind, ice, or gravity as 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, nr radio or television communications.
Setback Line: A line which 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 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 activity.
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 arcade, adult cabarets, adult movie theaters, adult theaters, adult motels, body rub 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.
Shopping Center: A building plot developed or ultimately to be developed with two or more stores, shops, or
commercial enterprises, and 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
safety of persons utilizing the facility and the general public.
Shrub: A woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low
stature and habit of branching from the base.
Single-Family: A residential unit providing complete, independent living facilities for one family including
permanent provisions for living, sleeping, cooking, eating and sanitation.
Sign: Any written or graphic representation, decoration, form, emblem, trademark, flag, banner, or other feature
or device of similar character which is used for the communication of commercial information, or
communication of ideas or subjects of political significance, and which:
(1) 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.
(2) Apartment/Condominium/Manufactured Home Park Identification Sign: 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.
Ordinance No. 2879 Page 147
(3) Area Identification Sign: A freestanding monument or wall sign with permanent foundation or
moorings, designed for identification of subdivisions of ten to 50 acres, or identification of a
distinct area within a subdivision, and where adequate provision is made for maintenance.
(4) Attached Sign: A sign attached to, or applied on, and totally supported by a part of a building.
(5) Banner/Flag: A piece of fabric used for decoration (contains no copy or logo) or for
identification (contains copy and/or logo).
(6) Commercial Banner: 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.
(7) Commercial Sign: A sign which directs attention to a business, commodity, service,
entertainment, or attraction sold, offered, or existing.
(8) Development Sign: A sign announcing a proposed subdivision or a proposed building project.
(9) Directional Traffic Control Sign: A sign utilized as a traffic control device in off-street parking
or access areas whose primary purpose is not for advertisement.
(10) Freestanding Commercial Sign: A sign supported by one or more columns, poles or bars
extended from the ground or from an object on the ground, or that is erected on the ground; the
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.
(11) Fuel Price Sign: A sign used to advertise the current price of fuel at locations where fuel is sold.
(12) Home Occupation Sign: A sign used to identify the name and occupation of a person with a
legal home occupation.
(13) Low Profile Sign: A sign with a permanent foundation which is not attached to a building, but is
a stand-alone sign and which does not exceed 60 S.F. in area and four feet in height.
(14) Non-Commercial Sign: 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.
(15) Off-Premise Commercial Sign: 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.
(16) On-Premise Commercial Sign: 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.
(17) Political Sign: 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.
(18) Portable Sign: 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 so as to sit upon
the surface of the ground, without subsurface attachment or extension.
(19) Real Estate, Finance, and Construction Sign: An attached or freestanding sign erected upon
a lot or parcel of land for the purpose of advertising 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 crafts on the job site.
(20) Roof Sign: 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 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.
(21) Special District Identification Sign: 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 District, as out lined in Article 5.6 Design Districts and 5.8 Overlay Districts.
Ordinance No. 2879 Page 148
The sign shall be used to display only the name, logo, or identifying information about the
district, and no other commercial information.
(22) Subdivision Identification Sign: A freestanding monument or wall sign with permanent
concrete foundation or moorings, designed for permanent identification of a subdivision of greater
than 50 acres, and where adequate provision is made for permanent maintenance.
(23) Subdivision Marker: A subdivision logo of no more than one 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.
Site Development: Any excavation, Idndfill ur land dislurlraiice, including new construction, reconstruction,
relocation, or change of use.
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 Section 3.6, Design District Site Plan Review, of this UDO. Also called a plot plan.
Sitwall: A combination or 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.
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 which 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 infliction of pain, flagellation, or
torture, or the condition of being bound, fettered, or otherwise physically restrained.
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 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 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 structures designed to resemble light poles or flag poles.
Stealth Tower: A man-made 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: A"storage garage" is any premises and structure used exclusively for the storage of more than
five automobiles.
Storage,Outdoor: See "Outdoor Storage."
Storage,Self Service: A structure containing separate, individual, and private storage spaces of varying sizes.
Ordinance No. 2879 Page 149
Stormwater Management: All ordinances, standards, plans, and studies to insure 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.
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
), 4,41 , includes minor and major collectors.
y' Street, Local: A street that provides vehicular access to abutting property.
i
� ; Stringcourse: A narrow, continuous ornamental band set in the face of a building as a design element; also
h� 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 or persons, firm, or corporation subdividing a tract or parcel of land to be sold or
otherwise handled for his own personal gain or use.
Subdivision: The division of a lot, tract, or parcel of land into two or more parts, lots, or sites, for the purpose,
whether immediate or future, of sale, division of ownership, or building development. This also includes
the resubdivision of land or lots which are a part of a previously recorded subdivision. Divisions of land for
agricultural purposes, where no building construction is involved, in parcels of five acres or more, shall not
be included within this definition, unless such subdivision of five acres or more includes the planning or
development of a new street or access easement. An addition is a subdivision as is defined herein.
Subdivision, Major: Any subdivision of land not considered a minor subdivision.
Subdivisions, Minor: A division of land into four or fewer lots on an existing street which does not require the
creation of any new street or the extension of municipal facilities.
Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds 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 other 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 improvement of a structure to comply with existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe living conditions,
or
(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.
Theater:A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or
other live performances.
Townhouse: One of a group of no less than three, nor more than twelve, attached dwelling units, each dwelling
unit located on a separate lot and thereby distinguished from condominium units.
Ordinance No. 2879 Page 150
Tree, Canopy: An overstory tree that exhibits a layer or multiple layers of branches and foliage at its top or crown
and extending a distance outward from its trunk or trunks. This tree's overall appearance is dominated by
its tall stature (often over 80'), 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 of the support and
attachment of a wireless telecommunications facility. Transmission towers include:
(1) Monopole Tower- A self-supporting structure composed of a single spire used to'support
telecommunications antenna and/or related equipment;
(2) Lattice Tower- A self-supporting three or four sided, open, steel frame structure used to support
telecommunications antenna and/or related equipment; and
(3) Guyed Tower-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 involving 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 10 fuel pumps are used.
Two-Family Home: Two dwelling units on a single platted lot, either side-by-side or upstairs and downstairs. Also
known as a duplex.
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.
Utility Easement: An interest in land granted to the City, to the public generally, and/or to a private utility
company, for 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 maintenance of such utilities.
Utility Facility: Infrastructure services and structures necessary to deliver basic utilities essential to the 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 facilities regulated by Section 6.3.P, Wireless Telecommunication Facilities.
Variance: The modification of a specific standard in this UDO.
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 rebuilding and minor maintenance activities, irrespective
of commercial gain derived therefrom. Excepted from this definition are residential premises where not
more than two motor vehicles belonging to the lawful residents thereof are involved in such activities at
any one time, and not in operating condition, or where not more than one motor vehicle,whether or not
in operating condition, and not belonging to the lawful residents thereof is involved in such activities for a
period of more than one week, and only one 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 chapter is presumed to be in violation until
such time as that documentation is provided.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or
other 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 by reason of overflow of flood water.
Wireless Telecommunication Facility (WTF): 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.
Ordinance No. 2879 Page 151
Yard: Open spaces on the lot or building plot on which a building is situated and which are open and unobstructed
to the sky by any structure except as herein provided.
(1) Front Yard. 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.
(2) Rear Yard. 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.
(3) Side Yard. A yard located on a lot or building plot extending from the required rear yard lo lire
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 a
particular jurisdiction according to a zoning ordinance or code and usually in accordance with a land use
plan which is intended to preserve the quality of life and orderly development of that jurisdiction.