HomeMy WebLinkAbout2012-3449 - Ordinance - 09/27/2012 ORDINANCE NO. 2612- 31/119
• AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
ARTICLE 1, "GENERAL PROVISIONS," ARTICLE 2, "DEVELOPMENT REVIEW BODIES,"
ARTICLE 3, "DEVELOPMENT REVIEW PROCEDURES," ARTICLE 5, "DISTRICT PURPOSE
STATEMENTS AND SUPPLEMENTAL STANDARDS," ARTICLE 6, "USE REGULATIONS,"
ARTICLE 7, "GENERAL DEVELOPMENT STANDARDS," ARTICLE 8, "SUBDIVISION DESIGN
AND IMPROVEMENTS," ARTICLE 9, "NONCONFORMITIES," AND ARTICLE 10,
"ENFORCEMENT," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; BY RECOGNIZING THE
ESTABLISHMENT OF A BIOCORRIDOR PLANNED DEVELOPMENT DISTRICT AND
CONFORMING VARIOUS SECTIONS THEREWITH; 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," Article 1, "General Provisions,"
Article 2, "Development Review Bodies," Article 3, "Development Review Procedures,"
Article 5, "District Purpose Statements and Supplemental Standards," Article 6, "Use
Regulations," Article 7, "General Development Standards," Article 8, "Subdivision
Design And Improvements," Article 9, "Nonconformities," and Article 10,
"Enforcement," of the Code of Ordinances of the City of College Station, Texas, be
amended as set out in Exhibits "A", `B" "C" "D", "E", "F", "G", "H" "I ". "J" "K"
, "B", , , , , , , , ,
"L ", and "M" 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 affect the validity of the remaining provi-
�r sions 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.
PART 4: This Ordinance will not go into effect until The City of Bryan, Texas approves a rezoning
and creation of a BioCorridor Planned Development District similar to that of the City of
College Station located within its city limits in accordance with the terms of the Interlocal
Cooperation and Joint Development Agreement relating to the Joint Research Valley
BioCorridor Development Project signed by the City of College Station on December 16,
2011.
PASSED, ADOPTED and APPROVED this day of Sanbin b , , 2012.
ATTEST: APPROVED:
City Secret." MAYOR
f
ORDINANCE NO. 20 2-30'9 Page 2
• APP' OV O I :
City Attl'
•
11111
ORDINANCE NO. 20/2 - 30/q Page 3
EXHIBIT "A"
That Chapter 12, "Unified Development Ordinance," Article 1, "General Provisions," Section 1.4,
"Jurisdiction," is hereby amended to read as follows:
A. Land Within the City Limits
Except as set forth below, this UDO applies to all land within the City limits of the
City of College Station. All structures and land uses constructed or commenced after
the effective date of this UDO, and all enlargements of, additions to, changes in, and
relocations of existing structures and uses occurring after the effective date of this
UDO shall be subject to this UDO.
B. Land Within the Extraterritorial Jurisdiction of College Station
The City of College Station and Brazos County are, jointly, the primary platting
authority in the City's extraterritorial jurisdiction (ETJ) in Brazos County. Burleson
County is the primary platting authority in that portion of the City's ETJ which lies in
Burleson County. The following Sections of this UDO shall apply to all properties
outside the City limits of College Station, but Tying within the City's ETJ as
established by the MUNICIPAL ANNEXATION ACT:
1. Applicable portions of Section 7.5, Signs (ref. Chapter 1, Section 30, City of
College Station Code of Ordinances);
2. Article 8, Subdivision Design and Improvements;
3. Articles 10, Enforcement; and
4. Applicable definitions within Article 11, Definitions.
C. Land Zoned BioCorridor Planned Development District
The City of College Station and the City of Bryan have adopted common
development processes and standards for land zoned BioCorridor Planned
Development District in each City's jurisdiction. The following Sections of the UDO
shall not apply to property zoned BioCorridor Planned Development District:
1. Article 3, Development Review Procedures;
2. Article 6, Use Regulations;
3. Article 7, General Development Standards; and
4. Article 8, Subdivision Design and Improvements, with the exception of the
Requirements for Park Land Dedication section. Parkland Dedication shall remain
in effect for property within the BioCorridor Planned Development District.
ORDINANCE NO. 2D/2- 3 Page 4
EXHIBIT `B"
That Chapter 12, "Unified Development Ordinance," Article 2, "Development Review Bodies," Sections
2.7 "Administrator ", 2.8 "Building Official ", 2.9 "Development Engineer ", and 2.10 "Summary of
Review Authority" of the Code of Ordinances of the City of College Station, Texas, are hereby amended
to be renumbered 2.8, "Administrator ", 2.9 "Building Official ", 2.10 "Development Engineer ", and 2.12
"Summary of Review Authority," respectively.
ORDINANCE NO. 2D/2 Page 5
EXHIBIT "C"
That Chapter 12, "Unified Development Ordinance," Article 2, "Development Review Bodies," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended to add Section 2.7
BioCorridor Board as follows:
2.7 BioCorridor Board.
A. Creation.
A BioCorridor Board is hereby created for the purpose of enhancing the community's
ability to consistently review subdivision, building, and site design issues of the
unique, multi - jurisdictional BioCorridor Planned Development District. The
BioCorridor Board shall bring governing expertise from each City and a
representative of Texas A &M University to bear on these issues within the
BioCorridor area.
B. Membership and Terms.
1. Number, Appointment.
A BioCorridor Board is hereby created to consist of seven (7) members as
follows:
a. Appointment of three (3) members shall be made by the College Station City
Council. Two (2) of these appointments shall be members of the City's
Planning and Zoning Commission. One (1) appointment shall be a member of
the City Council.
b. Appointment of three (3) members shall be made by the Bryan City Council.
Two (2) of these appointments shall be members of the City of Bryan's
Planning and Zoning Commission. One (1) appointment shall be a member of
the Bryan City Council.
c. Appointment of one (1) member shall be made by the Chancellor of the Texas
A &M University System or his designee. This appointment shall be an
employee of the Texas A &M University System.
2. Terms.
a. Terms of members of the BioCorridor Board shall be for two (2) years or until
their successors are appointed.
b. Should a BioCorridor Board member no longer qualify for his or her position,
that member's term shall be ended immediately upon such qualifying event
(for example, if an appointed Planning and Zoning Commissioner is no longer
a Commissioner for the City).
3. Vacancies.
Vacancies shall be filled by the governing entity /person responsible for the
appointment.
C. Officers, Meetings, Quorum.
ORDINANCE NO. 20/2" 3q Page 6
1. Officers.
A Chairperson and a Vice - Chairperson shall be selected every two years from
among its members. The Chairperson and Vice - Chairperson shall be municipal
representatives and shall not be appointees from the same municipality. The
Vice - Chairperson may act as Chairperson when the Chairperson is not available.
2. Meetings.
Members of the BioCorridor Board shall meet as needed and the Chairperson
shall designate the time and place of such meetings. All meetings of the Board
where a quorum is present shall be open to the public. The BioCorridor Board
shall comply with the Open Meetings Act.
3. Quorum.
Four (4) members shall constitute a quorum for the transaction of any business.
Any recommendations advanced to a different regulatory entity without a
majority of positive votes from those members present shall be deemed a
negative recommendation.
4. Rules of Proceeding.
The BioCorridor Board may adopt its own rules of procedure consistent with this
Ordinance.
5. Minutes.
The BioCorridor Board shall keep minutes of its proceedings, showing the vote of
each member upon each question, or, if absent or failing to vote, indicating that
fact and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the Planning and Development Services office
of the City of Bryan and shall be a public record. A copy of all such records shall
be delivered to the Planning and Development Services office of the City of
College Station by the City of Bryan within ten (10) working days of filing.
D. Powers and Duties.
The BioCorridor Board shall have the following powers and duties:
1. Recommendations.
a. The BioCorridor Board shall review and make recommendations to City Staff
of College Station and Bryan regarding improvements in the public realm that
further the aesthetics, identity, and access to and within the BioCorridor
Planned Development District.
b. The BioCorridor Board shall review and make recommendations to the City's
Planning and Zoning Commission regarding Waivers of the standards in the
Subdivision Design and Improvements section of the BioCorridor Planned
Development District ordinance.
2. Final Action.
The BioCorridor Board shall hear and take final action on the following:
a. Special District Identification Signs as set forth in the BioCorridor Planned
Development District ordinance;
b. Temporary signs promoting positive communications as set forth in the
BioCorridor Planned Development District ordinance;
ORDINANCE NO. 20/2 Page 7
c. Works of art and their locations when located in public right -of -way or other
public area as set forth in the BioCorridor Planned Development District
ordinance;
d. Appeal of the BioCorridor Review Committee's determination regarding
applicability of plat requirements;
e. Appeal of the BioCorridor Review Committee's denial of a site plan as set forth
in the Site Plan Review section of the BioCorridor Planned Development
District ordinance;
f. Waivers to the dimensional requirements and number of parking spaces
required in the Off - Street Parking Requirements of the BioCorridor Planned
Development District ordinance;
g. Appeal of the BioCorridor Review Committee's denial of an alternative parking
plan;
h. Alternative Highway Buffers Standards as allowed in the BioCorridor Planned
Development District ordinance; and
i. Appeal of the terms of the Highway Buffer Standards as set forth the
BioCorridor Planned Development District ordinance.
E. Staff.
The City of College Station and the City of Bryan shall provide staff support, as
needed, to the BioCorridor Board.
1. BioCorridor Review Committee.
The BioCorridor Review Committee will provide background information and
recommendations to the Board as set forth in the BioCorridor Planned
Development District ordinance.
2. Administrative Support.
The City of College Station and /or the City of Bryan shall provide administrative
support functions for each meeting, such as agenda posting and the filing of
minutes.
3. Planning Representative.
Where ministerial acts have not been completed, the Planning representative of
the City in which the project is located shall ensure that the changes to plats
and /or plans are completed as approved by the BioCorridor Board.
ORDINANCE NO. 20/2- 3449 Page 8
EXHIBIT "D"
That Chapter 12, "Unified Development Ordinance," Article 2, "Development Review Bodies," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended to add Section 2.11
BioCorridor Review Committee as follows:
2.11 BioCorridor Review Committee.
A. Creation.
A BioCorridor Review Committee is hereby created for the purpose of implementing
the BioCorridor Planned Development District ordinance The Committee is
comprised of staff from both cities, with the Committee serving as the designated
administrative officer as set forth in the BioCorridor Planned Development District
ordinance and state law. The BioCorridor Review Committee shall bring planning,
engineering, and other areas of municipal expertise from each City to bear on
proposals within the BioCorridor Planned Development District.
B. Membership.
The BioCorridor Review Committee shall consist of four (4) core members. Other
City employees may be invited to participate on an ad hoc basis.
1. Core members.
a. The City Manager of each municipality shall designate two city employees
from his /her municipality. One employee shall be a planner and one an
engineer or engineer in training familiar with development review procedures.
b. The BioCorridor Review Committee's main point of contact for a development
project proposal shall be the planner on the Committee from the city in which
the majority of the project is located.
2. Ad hoc members.
As the BioCorridor Review Committee determines appropriate, ad hoc members
may be called upon for their expertise on particular matters.
Ad hoc members may consist of governmental and utility employees such as:
a. A representative from College Station Utilities or Bryan Texas Utilities;
b. A representative from the Fire Marshall's office;
c. A representative from the Sanitation department; or
d. The City's transportation planner or transportation engineer.
Ad hoc members shall be designated by their respective City Manager.
C. Powers and Duties.
The BioCorridor Review Committee shall have the following powers and duties:
1. Administration and Enforcement.
The BioCorridor Review Committee shall carry out their duties as set forth in the
BioCorridor Planned Development District ordinance, including ensuring
ORDINANCE NO. 2P/2 Page 9
compliance with the BioCorridor Site Design Guidelines, Bryan /College Station
Unified Design Guidelines, boundaries of Areas of Special Flood Hazard, location
of floodway, and water surface elevations.
The BioCorridor Review Committee shall review and take action on the following
as set forth in the BioCorridor Planned Development District ordinance:
a. Minor and amending plats;
b. Site plans;
c. Construction documents;
d. Structure plans as they relate to exterior aesthetic design standards (not
Building Code review);
e. Sign permits;
f. Development permits;
g. Administrative adjustments;
h. Alternative parking plans;
i. Driveway applications;
j. Determination of building plot; and
k. Determination of plat applicability.
2. In the event the BioCorridor Review Committee is unable to reach a consensus,
the Planning or Engineering representative (as appropriate) from the city in which
the majority of the project will be located shall make the final determination.
M
ORDINANCE NO. 202'30/ Page 10
EXHIBIT "E"
That Chapter 12, "Unified Development Ordinance," Article 3, "Development Review Procedures,"
Sections 3.1, "General Approval Procedures," 3.2, "Zoning Map Amendment (Rezoning)," 3.3, "Plat
Review," 3.4, "Concept Plan Review (PDD and P -MUD Districts)," 3.5, "Site Plan Review," 3.6, "Wolf
Pen Creek Design District Site Plan Review," 3.7, "Wolf Pen Creek Design District Building and Sign
Review," 3.8, "Development Permit," 3.9, "Certificate of Appropriateness," 3.10, "Certificate of
Demolition," 3.11, "Building Permit," 3.12, "Certificate of Occupancy," 3.13, "Certificate of
Completion," 3.14, "Sign Permit," 3.15, "Conditional Use Permit," 3.16, "Written Interpretation," 3.17,
"Administrative Adjustment," 3.18, "Variance," 3.19, "Administrative Appeal," 3.20, "Text
Amendment," 3.21, "Comprehensive Plan Amendment," of the Code of Ordinances of the City of College
Station, Texas, are hereby amended to be renumbered 3.2, "General Approval Procedures," 3.3, "Zoning
Map Amendment (Rezoning)," 3.4, "Plat Review," 3.5, "Concept Plan Review (PDD and P -MUD
Districts)," 3.6, "Site Plan Review," 3.7, "Wolf Pen Creek Design District Site Plan Review," 3.8, "Wolf
Pen Creek Design District Building and Sign Review," 3.9, "Development Permit," 3.10, "Certificate of
Appropriateness," 3.11, "Certificate of Demolition," 3.12, "Building Permit," 3.13, "Certificate of
Occupancy," 3.14, "Certificate of Completion," 3.15, "Sign Permit," 3.16, "Conditional Use Permit,"
3.17, "Written Interpretation," 3.18, "Administrative Adjustment," 3.19, "Variance," 3.20,
"Administrative Appeal," 3.21, "Text Amendment," 3.22, "Comprehensive Plan Amendment,"
respectively.
ORDINANCE NO. 2V2-3449 Page 11
EXHIBIT "F"
That Chapter 12, "Unified Development Ordinance," Article 3, "Development Review Procedures," is
hereby amended to add Section 3.1 Applicability as follows:
3.1 Applicability.
The provisions of this article shall not apply to land zoned BioCorridor Planned
Development District.
ORDINANCE NO. 2D/2- 3419 Page 12
EXHIBIT "G"
That Chapter 12, "Unified Development Ordinance," Article 6, "Use Regulations," Sections 6.2, "Types
of Use," 6.3, "Specific Use Standards," 6.4, "Accessory Uses," and 6.5, "Temporary Uses," of the Code
of Ordinances of the City of College Station, Texas, are hereby amended to be renumbered 6.3, "Types of
Use," 6.4, "Specific Use Standards," 6.5, "Accessory Uses," and 6.6, "Temporary Uses," respectively.
ORDINANCE NO. 2042 Page 13
EXHIBIT "H"
That Chapter 12, "Unified Development Ordinance," Article 6, "Use Regulations," is hereby amended to
add Section 6.2 Applicability as follows:
6.2 Applicability.
The provisions of this article shall not apply to property zoned BioCorridor Planned
Development District.
ORDINANCE NO. 20/2 34 Page 14
EXHIBIT "I"
That Chapter 12, "Unified Development Ordinance," Article 7, "General Development Standards,"
Sections 7.1, "General Provisions," 7.2, "Off- Street Parking Standards," 7.3, "Access Management and
Circulation," 7.4, "Signs," 7.5, "Landscaping and Tree Protection," 7.6, "Buffer Requirements," 7.7,
"Solid Waste," 7.8, "Drainage and Stormwater Management," 7.9 "Non- Residential Architectural
Standards," 7.10, "Outdoor Lighting Standards," 7.11, "Outdoor Storage and Display," and 7.12, "Traffic
Impact Analysis," of the Code of Ordinances of the City of College Station, Texas, are hereby amended to
be renumbered 7.2, "General Provisions," 7.3, "Off- Street Parking Standards," 7.4, "Access Management
and Circulation," 7.5, "Signs," 7.6, "Landscaping and Tree Protection," 7.7, "Buffer Requirements," 7.8,
"Solid Waste," 7.9, "Drainage and Stormwater Management," 7.10 "Non- Residential Architectural
Standards," 7.11, "Outdoor Lighting Standards," 7.12, "Outdoor Storage and Display," and 7.13, "Traffic
Impact Analysis," respectively.
ORDINANCE NO. 29/2 34/ Page 15
EXHIBIT "J"
That Chapter 12, "Unified Development Ordinance," Article 7, "General Development Standards," is
hereby amended to add Section 7.1 Applicability as follows:
7.1 Applicability.
The following general development standards shall apply to all zoning districts, except
where expressly stated to apply to, or exclude, specific districts. The provisions of
this article shall not apply to property zoned BioCorridor Planned Development
District.
ORDINANCE NO. 202'340) Page 16
EXHIBIT "K"
That Chapter 12, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements,"
Sections 8.2, "General Requirements and Minimum Standards of Design for Subdivision within the City
Limits," 8.3, "General Requirements and Minimum Standards of Design for Subdivisions within the City
of College Station Extraterritorial Jurisdiction," 8.4, "Waiver of Subdivision Standards," 8.5,
"Responsibility for Payment for Installation Costs," 8.6, "Construction, Guarantee of Performance, and
Acceptance of Public Infrastructure "Requirements Re uirements for Park Land Dedication," and 8.8,
"Certifications," of the Code of Ordinances of the City of College Station, Texas, are hereby amended to
be renumbered 8.3, "General Requirements and Minimum Standards of Design for Subdivision within the
City Limits," 8.4, "General Requirements and Minimum Standards of Design for Subdivisions within the
City of College Station Extraterritorial Jurisdiction," 8.5, "Waiver of Subdivision Standards," 8.6,
"Responsibility for Payment for Installation Costs," 8.7, "Construction, Guarantee of Performance, and
Acceptance of Public Infrastructure," 8.8, "Requirements for Park Land Dedication," and 8.9,
"Certifications," respectively.
ORDINANCE NO. 210/,2 3449 Page 17
EXHIBIT "L"
That Chapter 12, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements,"
is hereby amended to add Section 8.2 Applicability as follows:
8.2 Applicability.
With the exception of Section 8.8, "Requirements for Park Land Dedication," the
provisions of this article shall not apply to property zoned BioCorridor Planned
Development District. Section 8.8, "Requirements for Park Land Dedication," shall
apply to property zoned BioCorridor Planned Development District.
ORDINANCE NO. 2P/2- 31/2/9 Page 18
EXHIBIT "M"
That Chapter 12, "Unified Development Ordinance," Article 5, Section 5.2, Notes "(G), "," (H)," and
"(I), "; Section 5.3.H.l.d, Section 5.6.A.1.c., Section 5.6.A.10, Section 5.6.B.2., Section 5.6.B.6., Section
5.6.B.6.c., Section 5.6.B.9., Section 5.6.B.9.a.3)., Section 5.6.B.9.f., Section 5.6.B.10., Section
5.6.B.12.c.1).a)., Section 5.6.B.12.c.5).b)., Section 5.6.B.13., Section 5.6.B.14., Section 5.6.B.14.h.1).,
Section 5.6.B.14.i., Section 5.6.B.14.m., Section 5.6.B.14.m.2), Section 5.8.A.2.b., Section 5.8.A.4.b.1).,
Section 5.8.A.4.b.3)., Section 5.9.C.1., Sections 5.9.D.2.d.1).a). and b)., Section 9.2.A.2., Section 9.4.D.,
and Section 10.5 are hereby amended to read as follows:
DESCRIPTION OF STYLE CHANGE: That all references within these sections have been amended to
read as follows:
Article 5, "District Purpose Statements and Supplemental Standards"
5.2, Note (G) Shall abide by Section 7.2.H, Height.
(H) Reference Section 7.2.D.1.e for lots created by plat prior to July 15,
1970.
(I) Reference Section 7.2.D.1.b for lots with approved rear access.
5.3.H.1.d. Signs: Any detached or freestanding signage shall meet the criteria for low-
profile signs established in this UDO. Materials shall match building facade materials.
5.6.A.1.c. In order to create and then preserve a distinctive atmosphere and character
in the Wolf Pen Creek development corridor, elements listed in Additional Review Criteria of
the Wolf Pen Creek Design District Site Plan Review section of this UDO, shall be considered
in the review of all projects and proposals for development.
5.6.A.10 Landscaping
Landscape elements included in these criteria consist of all forms of plantings and
vegetation, ground forms, rock groupings, water patterns, and all visible construction
except buildings and utilitarian structures. In addition to the requirements of the
Landscaping and Tree Protection section of this UDO, all landscaping shall meet the
following:...
5.6.B.2. Additional Use Standards
The permitted and conditional uses outlined in the Types of Uses section of this UDO shall
meet the following additional requirements related to the district in which the proposed
project is located...
ORDINANCE NO. 20/2 3419 Page 19
5.6.B.6. Off - Street Parking Standards
All off - street parking shall meet the requirements specified in the Off - Street Parking
Standards section found elsewhere in this UDO, except as specifically provided herein:...
5.6.B.6.c. Off - street parking facilities for residential uses shall meet 75% of the number
of specified parking space requirements of the Number of Off - Street Parking Spaces
Required section.
5.6.B.9. Landscape and Streetscape Standards
For NG -1 and NG -3, the standards set forth herein are in lieu of Landscaping Requirements
and Streetscape Requirements of the General Development Standards article, of this UDO.
For NG -2, the standards set forth herein are in addition to Landscaping Requirements and
Streetscape Requirements of the General Development Standards article, of this UDO...
5.6.B.9.a.3). All in- ground vegetated areas, trees, and above ground planters shall include
an automated irrigation system. Irrigation will not be required for existing trees that are
properly barricaded (see the Landscaping and Tree Protection section of this UDO) during
construction.
5.6.B.9.f. Trash Receptacles
If installed, trash receptacle locations shall be shown on the landscape plan. One trash
receptacle may be located within an intersection's sight distance triangle described in the
Visibility at Intersections in All Districts section of this UDO.
5.6.B.10. Dumpster and Mechanical Equipment Standards
The following standards are in addition to the requirements of the Solid Waste section of the
General Development Standards article of this UDO...
5.6.B.12.c.1).a). Refer to the Signs section of the General Development Standards article
of this UDO.
5.6.B.12.c.5).b). Refer to the Sign Standards section of the General Development
Standards article of this UDO.
5.6.B.13. Outside Storage and Display Standards
ORDINANCE NO. 20/2- 3444 Page 20
The following standards are in lieu of the Outdoor Storage and Display section of the
General Development Standards article of this UDO...
5.6.B.14. Waivers
The Design Review Board (DRB) shall review requests for deviations from the standards of
the Northgate Districts section of this UDO as listed below. The DRB shall approve waivers
found to meet the intent of the standards of the Northgate Districts section of this UDO and
the Northgate Redevelopment Implementation Plan. Financial hardship may not be
considered in the review or determination of a waiver proposal.
DRB review and waiver approval shall be limited to the following items:
a. Relief from the building design standards for historic properties if the proposed
building improvements or additions generally conform to the section of this Ordinance
addressing Building Design Considerations for Historic Properties— Standards for the
Northgate zoning districts, and if the property building improvements or additions
generally preserve the historical appearance and architectural character of the
building...
5.6.B.14.h.1).The building material is a new or innovative material manufactured that has
not been previously available to the market or the material is not listed as an allowed or
prohibited material herein and the material is similar and comparable in quality and
appearance to the materials allowed in the Exterior Building Materials section of this
Ordinance for the Northgate zoning districts or...
5.6.B.14.i. Alternative materials on fagade work that does not involve an expansion of an
existing building as defined in the Nonconformities section of the UDO or constitute
redevelopment if the applicant shows that:
1) The materials allowed in the Exterior Building Materials section of this Ordinance for the
Northgate zoning districts cannot be utilized without a structural alteration(s) to the
existing building and...
5.6.B.14.m. A decrease in parking requirements for residential uses provided that the
applicant submits a parking study that supports the decrease based on reasonable
assumptions of parking availability. Unless shared or off -site parking is provided as allowed
in the Alternative Parking Plans section of the General Development Standards article of this
UDO, in no case shall the DRB permit a reduction in the number of required spaces:...
5.6.B.14.m.2) To more than a fifty percent (50 %) reduction in the amount of parking
required for residential uses by the Number of Off - Street Parking Spaces Required section of
this UDO.
ORDINANCE NO. 2L42'31/49 Page 21
5.8.A.2.b. Freestanding signs shall be limited to the restrictions of the Signs section of
the General Development Standards article of this UDO, but shall not exceed the height of
the building.
5.8.A.4.b.1). Sign height shall be restricted by the provisions of the Signs section of the
General Development Standards article of this UDO, but shall not exceed the height of the
building.
5.8.A.4.b.3) Signs for air, water, and other similar services or products must meet the
criteria for exempt signs as provided in the Signs section of the General Development
Standards article of this UDO.
5.9.C.1. The yard, lot, and open space regulations of the Single - Family Overlay
Districts must be read in accordance with the yard, lot, and open space regulations in the
Residential Dimensional Standards and Required Yards sections of this UDO. In the event of
a conflict between the Single - Family Overlay Districts and these sections, the Single - Family
Overlay District controls.
5.9.D.2.d.1).a). Contextual front setbacks as provided for in Required Yards (Setbacks)
section of this UDO; or
b). Contextual front setbacks as provided for in the General Provisions of
this Single - Family Overlay Districts section of the UDO; or...
Article 9, "Nonconformities"
9.2.A.2. Conditional Use
A use existing on the effective date of this UDO, or subsequent amendment applicable to its
use, which would only be permitted as a conditional use, shall be a lawful nonconforming
use until altered pursuant to the Conditional Use Permit section of this UDO. In the event of
issuance of a conditional use permit, such use becomes a permitted and lawful use.
9.4.D. Other Uses of Nonconforming Lots: Site Plan Required
In any district in which single - family dwellings are not permitted, a nonconforming lot of
record which meets the requirements above may be used for any use permitted in the
district in which it is located if, but only if, a site plan for such use has been approved in
accordance with the provisions of the Site Plan Review section of this UDO.
ORDINANCE NO. 20/2 - 301 1 4 Page 22
Article 10, "Enforcement"
10.5 Specific Penalties for Certificates of Appropriateness and Certificates of
Demolition
A person is criminally responsible for a violation of the Certificate of Appropriateness and
Certificate of Demolition sections of this UDO if:...