HomeMy WebLinkAbout2018-3970 - Ordinance - 01/11/2018 ORDINANCE NO.2018-3970
AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT
ORDINANCE," ARTICLE 9, "NONCONFORMITIES," SECTION 9.2,
"NONCONFORMING USES", SECTION 9.3, "NONCONFORMING STRUCTURES,"
AND ARTICLE 7, "GENERAL DEVELOPMENT STANDARDS," SECTION 7.10.C.4,
"BUILDING MATERIALS" OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO
NON-CONFORMNG USES AND STRUCTURES; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Appendix A, "Unified Development Ordinance," Article 9,
"Nonconfoimities," Section 9.2, "Nonconforming Uses" and Section 9.3,
"Nonconforming Structures;" and Article 7, "General Development Standards,"
Section 7.10.C.4 "Building Materials" of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A", Exhibit "B", and
Exhibit"C" attached hereto and made a part of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation,organization,government,governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety,zoning, or
public health and sanitation ordinances,other than the dumping of refuse.Each day
such violation shall continue or be permitted to continue,shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO.2018-3970 Page 2 of 6
PASSED,ADOPTED and APPROVED this 11th day of January,2018.
ATTEST: APPR I V D•
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City S cret '4173r
APPROVED:
City A i pry
ORDINANCE NO.2018-3970 Page 3 of 6
Exhibit A
That Appendix A, "Unified Development Ordinance,"Article 9, "Nonconformities," Section 9.2,
"Nonconforming Uses"of the Code of Ordinances of the City of College Station,Texas,is hereby
amended to read as follows:
"Sec. 12-9.2. -Nonconforming Uses.
A. Continuance.
An existing use that is not in compliance with this UDO or subsequent amendments applicable to the
use shall not be enlarged, extended, reconstructed, substituted or structurally altered unless the use
is brought into compliance with this UDO, except as follows:
1. Expansion.
a. For properties designated as Neighborhood Conservation in the Comprehensive Plan
Future Land Use and Character Map: When authorized by the Zoning Board of
Adjustment in accordance with the provisions of this Article, enlargement or completion
of a building devoted to a nonconforming use may be made upon the lot occupied by
such building, where such extension is necessary and incidental to the existing use of
such building and does not exceed twenty-five (25) percent of the original area of
nonconformity.
b. For properties in all other areas: Buildings and structures devoted to nonconforming uses
may be enlarged, extended, or structurally altered provided such enlargement,
extension, or structural alteration is incidental to the existing use of existing buildings and
does not exceed fifty (50) percent of the original area of nonconformity. Enlargements
greater than fifty(50) percent of the original area of nonconformity shall require approval
of the Zoning Board of Adjustment.
2. Conditional Use.
A use existing on the effective date of this UDO, or subsequent amendment applicable to its use,
which would only be permitted as a conditional use, shall be a lawful nonconforming use until
altered pursuant to the Conditional Use Permit section of this UDO. In the event of issuance of a
conditional use permit, such use becomes a permitted and lawful use.
B. Termination.
The City Council shall have the authority to initiate, on its motion, action to bring about the
discontinuance of a nonconforming use under any plan whereby full value of the structure can be
amortized within a definite period of time, taking into consideration the general character of the area
and the necessity for all property to conform to the regulations of this UDO.
C. Abandonment.
Whenever a nonconforming use has been discontinued and changed to a conforming use, or
whenever a nonconforming use has been discontinued or abandoned for more than three(3) months,
a presumption of intent to abandon said use shall have been established and the right to continue the
former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall
be unlawful."
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Exhibit B
That Appendix A, "Unified Development Ordinance,"Article 9, "Nonconfouuities," Section 9.3,
"Nonconfoiuiing Structures" of the Code of Ordinances of the City of College Station, Texas, is
hereby amended to read as follows:
"Sec. 12-9.3. -Nonconforming Structures.
A. Enlargement, Alteration.
1. A structure(including parking lots, parking structures,and parking areas),which is nonconforming
by physical design may be enlarged or structurally altered as long as such enlargement or
alteration otherwise complies with the terms of this UDO with the following exceptions:
a. Parking Requirements: The Administrator may make exceptions to the requirement of
following the UDO for parking requirements for non-residential properties where there
are physical limitations and a demonstrated inability to meet all standards of this UDO
but may not waive more than 50%of the required number of parking spaces.
b. Landscaping Requirements:The Administrator may make exceptions to the requirement
of following the UDO for landscaping requirements for non-residential properties where
there are physical limitations and a demonstrated inability to meet all standards of this
UDO but may not waive more than 50% of required landscaping points.
c. Buffer Requirements: The Administrator may reduce required buffer yard widths and
plantings where there are existing structures being retained in the required buffer area
or where there are other physical limitations and a demonstrated inability to meet all
standards of this UDO so long as such reductions do not increase the existing degree of
nonconformity.
2. In NG-1, NG-2, and NG-3, the whole building plot must come into compliance with the
requirements of this UDO when more than fifty(50) percent of a building(s)on the site is enlarged
or altered.
B. Termination.
The City Council shall have the authority to initiate on its motion, or cause to be presented by interested
property owner, action to bring about the discontinuance of a nonconforming structure under any plan
whereby full value of the structure can be amortized within a definite period of time, taking into
consideration the general character of the neighborhood and the necessity for all property to conform
to the regulations of this UDO.
C. Abandonment.
Whenever a nonconforming structure has been discontinued or abandoned for more than three (3)
months, a presumption of intent to abandon said structure shall have been established and the right
to continue the former nonconforming structure shall be unlawful."
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Exhibit C
That Appendix A, "Unified Development Ordinance," Article 7, "General Development
Standards," Section 7.10.C.4 "Building Materials" of the Code of Ordinances of the City of
College Station, Texas, is hereby amended to read as follows:
"4. Building Materials.
a. The following minimum amount of fired brick, natural stone, marble, granite, or any concrete
product so long as it has an integrated color and is textured or patterned (not aggregate
material)to simulate brick, stone, marble, or granite shall be provided:
1. A minimum of ten (10) percent on any facade visible from a public right-of-way or public
way;
2. A minimum of twenty(20)percent on primary entrance facades(single or multiple tenant
building)that exceed two-hundred (200) feet in horizontal length;
3. A minimum of twenty(20) percent on any facade facing a public right-of-way of a street
classified as a major collector on the Thoroughfare Plan; and
4. A minimum of thirty (30) percent on any facade facing a public right-of-way of a street
classified as a minor arterial or greater on the Thoroughfare Plan.
b. Building materials used to meet the minimum material requirements as provided above may
not be painted.
c. The following building materials are allowed on all facades subject to the following limitations:
1. Stucco, EIFS, high build textured paint on concrete to simulate the appearance of
stucco, split-face concrete masonry that does not simulate brick or stone, fiber cement
siding, reflective glass, or any material equivalent in appearance and quality as
determined by the Design Review Board, shall not cover more than seventy-five (75)
percent of any façade.
2. Wood or cedar siding, stainless steel, chrome, standing seam metal, premium grade
architectural metal, or architecturally finished metal panels (not corrugated metal) shall
not cover more than thirty (30) percent of any façade.
3. Tile or smooth face, tinted concrete blocks shall only be used as an accent and shall
not cover more than ten (10) percent of any facade.
4. Painted metal panel siding is allowed without limitation on a rear facade of a building
when the façade is not visible from a right-of-way, parkland, greenway, or any
residential area.
5. Galvanized steel and painted steel are allowed on doors, including roll-up doors.
6. Metal, standing seam metal, architectural metal or steel may be used as a roof and or
canopy/awnings with no limitation on percentage.
7. In WC Wellborn Commercial wood or cedar siding shall be allowed but not cover more
than seventy-five (75) percent of any facade and reflective glass shall not cover more
than thirty (30) percent of any facade.
d. When determining the area of a facade, doors, windows, and other openings are included
and roof area is not included.
e. Existing buildings may continue to utilize materials other than those listed provided that any
material replacement is for maintenance purposes only and the existing material is
continued. Any material change or replacement of more than fifty (50) percent of the total
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area of a façade, including on a cumulative basis, shall require that all building materials and
color be brought into compliance on that fagade.
f. All architectural submittals shall provide elevation drawings for each façade and a material
legend (see sample below) for each façade.
SAMPLE LEGEND
USE OF MATERIALS ON FACADE 'A'
Total Square Footage of Facade'A': 10,000 s.f.
Material Area in Square Feet Percent of Overall Facade
Stucco 2,000 s.f. 20%
Brick 5,000 s.f. 50%
Doors and Windows 3,000 s.f. _ _ 30%