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HomeMy WebLinkAbout2016-3802 - Ordinance - 09/08/2016 ORDINANCE NO. 2016-3802 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE", ARTICLE 7 "GENERAL DEVELOPMENT STANDARDS", SECTION 12-7.2.H, "HEIGHT" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS REGULATING SINGLE-FAMILY HEIGHT AND DISTANCE PROTECTION; 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," Section 12-7.2.H "Height," of Article 7 "General Development Standards," 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 affect 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 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 8t'' day of September, 2016. ATTEST: APPROVED: City Secretary Mayor APPROVED: 40, f Cit,``Attorney Ordinance No. 2016-3802 Page 2 of 3 EXHIBIT "A" That Chapter 12,"Unified Development Ordinance,"Article 7"General Development Standards," Sec. 12-7.2.H "Height" of the Code of Ordinances of the City of College Station, Texas, is amended to read as follows: "H. Height. 1. Building Height. For purposes of this subsection H.building height refers to the vertical distance measured from the finished grade, or the base flood elevation where applicable, and the highest of the following points: a. The average height level between the eaves and ridge line of a gable,hip, or gambrel roof; b. The highest point of a mansard roof; c. The highest point of the coping of a flat roof; d. The highest point of equipment located on top of a structure such as satellite dishes, heating and air conditioning units. 2. Detached Single-Family. ' For purposes of this subsection H. detached single-family shall refer to free standing single family residential units that provide complete independent living facilities for one (1) family including permanent provisions for living, sleeping, cooking,eating and sanitation. 3. Low-Density Residential Protection. a. Purpose The purpose of low density residential height protection is to provide a visual barrier between low density residential uses and districts from adjacent higher-density residential and non-residential uses. This is accomplished by regulating the height and distance of such higher-density or non- residential uses when adjacent to low density residential uses and districts to help mitigate negative impacts. b. Regulations. 1. Distance. a. No multi-family or non-residential structure shall be located to any property line of an adjacent tract of land on which there's a detached single-family, manufactured home park or townhouse use or district nearer than a horizontal distance (B to C) that is equal to at least twice the vertical distance (height, A to B) of the multi-family or non-residential structure, as illustrated in the graphic below. b. Partial exception. For developments designed to be mixed use or that are within a redevelopment district as shown on the Future Land Use and Character Map of the City's Comprehensive Plan, only the structure(s)nearest to the property line of an adjacent tract of land on which there's a detached single-family,manufactured home park or townhouse use or district shall meet the distance standard recited herein. 4 Ordinance No. 2016-3802 Page 3 of 3 A Corntnurci;iI \ Itx..p.�unumo Building s" 50' �. \ Fi'ROM 100' —I- S" House 2. Height. a. General height requirements. No multi-family or non-residential structure shall be located to any property line of an adjacent tract of land on which there's a detached single- family, manufactured home park or townhouse use or district unless the height requirements herein are met. No multi-family or non-residential structures shall penetrate the height of an imaginary line, illustrated by the inclined plane in the graphic above, connecting points A and C, which is the hypotenuse of the right triangle formed when calculating the minimum distance requirements set forth above. b. Additional height requirements for SC and WC.In addition to the height limitations set forth above in this subsection, the following additional height limitations apply in SC Suburban Commercial and WC Wellborn Commercial zoning: 1. No building may exceed two(2)stories; 2. Maximum eave height shall be twenty-four(24)feet; 3. Maximum overall height to peak of roof shall be thirty-five(35)feet; 4. Any structure with an eave height over fifteen (15) feet will be constructed to resemble a two-story facade; 5. Buildings located closest to detached single-family, manufactured home park or townhouse use or district and that are within fifty(50)feet of the property line are limited to one-story in height with an eave maximum of twelve(12)feet;and 6. An eave maximum of fourteen(14) feet in height is permitted when mechanical equipment is housed within a mezzanine. c. Exceptions to height requirements. Unless otherwise stated in this UDO, the height limitations herein shall not apply to any of the following: 1. Structures located in NG,RDD,and P-MUD districts; 2. When the detached single family, manufactured home park or townhome use on the adjacent tract is nonconforming; 3. When the use on the adjacent tract is agricultural; 4. Utility structures such as elevated water storage tanks and electrical transmission lines; 5. 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 thirty-three(33)percent of the surface area of the roof; and 6. Residential radio/television receiving antennas." 4