HomeMy WebLinkAbout1972-0850 - Ordinance - 10/23/1972ZONING ORDINANCE
for
THE CITY OF COLLEGE STATION, TEXAS
En
Adopted by Ordinance No. 850
By the City Council
CITY OF COLLEGE STATION, TEXAS
October 23, 1972
01?1?55
m
ORDINANCE NO. 850
L I M
ZONING ORDINANCE FOR THE
CITY OF COLLEGE STATION
October 23, 1.972
OR
0246
ORDINANCE NO. 850
INDEX
ZONING ORDINANCE
Page
SECTION 1. Establishment of Districts, Provision for an
Official Zoning Map, and Definitions-------------------- - - - - -1
SECTION 2. Rules for Interpretation of District Boundaries---------- - - - - -- 9
SECTION 3. Application of District Regulations--------------------- - - - - -- 9
SECTION 4. Nonconforming Uses----------------------------------- - - - -10
SECTION 5. Schedule of District Regulations------------------------ - - - -12
TABLEA ------------------------------------------------------- - - - - -- 27
SECTION 6.
Supplementary District Regulations------------------- - - - - -- 28
SECTION 7.
Minimum Parking Requirements------------------------ - - - -31
SECTION 8.
Sign Regulations------------------------------------ - - - - -- 35
SECTION 9.
Administration and Enforcement--------------------- - - - - -- 37
SECTION 10. Use Permits----------------------------------------- - - - -39
SECTION 11. Board of Adjustment---------------------------------- - - - -41
SECTION 12. Responsibility of the Commission, Building Official,
Board of Adjustment and the City Council-------------- - - - - -- 44
SECTION 13. Amendments----------------------------------------- - - - -44
SECTION 14. Penalty for Violation-------------------------------- - - - - -- 47
SECTION 15. Provisions of Ordinance Declared to be Minimum
Requirements----------------------------------------- - ---47
SECTION 16. Repeal of Conflicting Ordinances and Orders------------- - - - -47
SECTION 17. Severability Clause--------------------------------- - - - - -- 47
SECTION 18. Effective Date-------------------------------------- - - - - -- 47
ZONING USE DISTRICTS MAP------------------------------------- - - - - -- 49
02257
ORDINANCE NO. 850
REVISED ZONING ORDINANCE
AN ORDINANCE AMENDING AND SUPERCEDING ORDINANCE NO. 38, AND ALL OTHER
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A REVISION AND UP-
DATING OF THE ZONING REGULATIONS AND THE ZONING MAP OF THE CITY OF COL-
LEGE STATION, TEXAS, ALL IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR
THE DEVELOPMENT OF THE CITY, AND IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLES 1011a -j, V.A. C.S. ; TO PROVIDE FOR A BOARD OF ADJUSTMENT AND DE-
FINING ITS POWERS AND DUTIES; PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS; AND PROVIDING FOR ITS ENFORCEMENT; CONTAINING A SAVING
AND SEVERABILITY CLAUSE AND PROVIDING A PROCEDURE FOR AMENDMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
M
WHEREAS, a duly appointed Planning and Zoning Commission has conducted extensive studies,
surveys, and conferences to codify and bring up to date the original Zoning Ordinance enacted
in 1940, and amendments thereto, to meet the needs of an expanding and growing city, all in
conformity with an approved comprehensive plan for the development of the City, required
and designed to lessen congestion in the streets, to secure safety from fire, panic, and other
dangers, promote health and general welfare, to provide adequate light and air, to prevent
overcrowding of the land, to avoid undue concentration of population, and to facilitate the
economic and adequate provision of transportation, water, sewerage, drainage, schools,
parks and other facilities; has held public hearings and submitted a final report to the City
Council; and
WHEREAS, Articles 1011d and 1011e, V.A. C. S. empowers the City to amend, to supplement,
change, modify or repeal the original Zoning Ordinance; and
WHEREAS, the City Council has given due notice of hearings related to Zoning Districts,
regulations and restrictions, and has held, public hearings; and
WHEREAS, all requirements of Articles 1011d and 1011e, V.A. C. S. with regard to changes
in a zoning ordinance have been met,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COL-
LEGE STATION, TEXAS:
SECTION 1. ESTABLISHMENT OF DISTRICTS, PROVISIONS FOR AN OFFICIAL ZONING
MAP, AND DEFINITIONS
1 -A DIVISION OF CITY INTO USE DISTRICTS:
The several districts into which the City of College Station is divided are hereby designated
and described as follows:
District A-O
District R -1A
District R -1B
District R -1C
District R -2
District R -3
Agriculture -Open Space.
Single Family Residential.
Single Family Residential.
Single Family Residential.
Duplex Residential.
Apartment Building.
10=519
Ordinance No. 850
Zoning Ordinance
District R -4
District R -5
District C -N
District C -1
District C -2
District M -1
District M -2
District C -U
District P. U. D.
Townhouse- Rowhouse.
Mobile Home Park
Neighborhood Business.
General Commercial.
Commercial/Industrial.
Planned Industrial.
Heavy Industrial.
College and University.
Planned Unit Development.
1 -B OFFICIAL ZONING MAP:
Page 2
The city is hereby divided into the above zones, or districts, as shown on the Official
Zoning Map, which, together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance. 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:
1 -B. 1. "This is to certify that this is the Official Zoning Map referred to in Section 1
of Ordinance No. 850 of the City of College Station, Texas, dated October, 1972. "
If, ina;cordance with the provisions of this ordinance and Articles 1011d and 1011e,
V.A. C. S. , changes are made in the district boundaries or other matter protrayed 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.
1 -B. 2. Approved zoning changes shall be entered on the Official Zoning Map by the
City Planner and each change shall be identified on the Map with the date and number
of the ordinance making the change. No amendment to this ordinance which involves
matter portrayed on the Official Zoning Map shall become effective until after such
change and entry has been made on the said map.
1 -B. 3. No change of any nature shall be made on the Official Zoning Map or matter
shown thereon except in conformity with the procedures set forth in this ordinance.
Any unauthorized change of whatever kind by any person or persons shall be considered
a violation of this ordinance and punishable as provided under Section 14.
1 -B.4. 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 City Planning Department, shall be the final authority as
to the current zoning status of land and water areas, buildings and other structures 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.
1 -C REPLACEMENT OF OFFICIAL ZONING MAP:
1 -C. 1. In the event that the Official Zoning Map becomes damaged, destroyed, lost
or difficult to interpret because of the nature and /or number of changes and additions,
the City Council may, by resolution, adopt a new Official Zoning Map, which shall
02239
Ordinance No. 850
Zoning Ordinance Page 3
supercede the prior Official Zoning Map. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior Official Zoning Map, but no such
correction shall have the effect of amending the original Official Zoning Map or any
subsequent amendment thereof. The new Official Zoning Map shall be identified by
the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the
City and date under the following words:
1 -C. 2. "This is to certify that this Official Zoning Map supercedes and replaces the
Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordi-
nance No. 850 of the City of College Station, Texas. "
1 -C. 3. Unless the prior Official Zoning Map has been lcs t or has been totally de-
stroyed, the prior map or any significant parts thereof remaining, shall be preserved,
together with all available records pertaining to its adoption or amendment.
1 -D DEFINITIONS: For the purpose of this ordinance, certain words as used herein
are defined as follows:
1 -D. 1. ACCESSORY USE OR STRUCTURE, OR BUILDING: An "accessory use or
structure" is one customarily a part thereof, which is clearly incidental and secondary
to permitted use and which does not change the character thereof, including, but not
limited to garages, living quarters for servants, bathhouses, greenhouses, or tool
sheds.
1 -D. 2. ANTIQUE SHOP: A business which sells items whose value is greater than
original purchase price because of age or intrinsic value.
1 -D. 3. APARTMENT: An "apartment" is a room or group of rooms used as a dwel-
ling for one (1) family unit which does its cooking therein.
1 -D. 4. APARTMENT BUILDING: A building or portion thereof used or intended: to
be used as a home for three (3) or more families or households living independently
of each other and equipped for preparation of food.
1 -D. 5. APARTMENT HOTEL: A building used or intended to be used as a home of
twelve (12) or more families, who are permanent residents, living independently of
each other, in which building shall be located on the first floor living units for transient
guests, and /or retail sales and services.
1 -D. 6. ATTENDANT BUILDING: A building used to house the mananger or attendant
of a public or priugte parking lot.
1 -D. 7. ART S'T'UDIO 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
the teaching of both painting and sculpting).
Ordinance No. 850
Zoning Ordinance
Page 4
1 -D. 8. AUTOMOBILE REPAIR SHOP: Any premises and structures when used
primarily for the servicing and /or repair of motor vehicles, including paint and
body work, engine rebuilding and minor maintenance activities.
1 -D. 9. BOARD OF ADJUSTMENT: The zoning Board of Adjustment of the City of
College Station (See Section 11).
1 -D. 10. BOARDING HOUSE: A building, built and /or used for residential purposes,
where meals for five (5) or more persons are served for compensation.
1 -D. 11. BUILDING: A "building" is any structure built for the support, shelter, or
enclosure of persons, chattels or movable property of any kind and which is affixed
to the land.
1 -D. 12. BUILDING AREA: The "building area" of the lot is the gross area covered by
the structure when placed on the lot.
1 -D. 13. BUILDING OFFICIAL: The designated "Building Official" of the City of
College Station, or his designated representative.
1 -D. 14. BUILDING PLOT: The land (lot, lots, or tract of land) upon which a building
or buildings are located, or upon which they are to be constructed, including yards, and
bounded by the property line.
1 -D. 15. CARPORT: A structure with one (1) or more sides, covered with a roof and
constructed specifically for the storage of one (1) or more motor vehicles.
1 -D. 16. CAFE, RESTAURANT, OR CAFETERIA: A commercial eating establishment
where snacks or meals are vended for consumption indoors on the premises.
1 -D. 17. CITY: The City of College Station, Texas.
1 -D. 18. CITY PLANNER: The "City Planner" of the City of College Station.
1 -D. 19. CLINIC: An institution, public or private, or a station for the examination
and treatment of out - patients by an individual or group of doctors, dentists, opticians,
veterinarians, or other similar medical professionals.
1 -D. 20. 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 fowls is allowed on the premises.
1 -D. 21. COMMERCIAL AMUSEMENT: 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, driving ranges, arcades, fairs, exhibitions, athletic
02261
Ordinance No. 850
Zoning Ordinance Page 5
contests, rodeos, tent shows, ferris wheels, childrens' rides, roller coasters, skating
rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and similar enter-
prises.
1 -D. 22. COMMON PROPERTY: A parcel or parcels of land, together with the im-
provements thereon, the use and enjoyment of which are shared by the owners and
occupants of the individual building sites in a Planned Unit.
1 -D. 23. CONDITIONAL USE: A use which may be permitted in a district, subject
to meeting certain conditions or procedures set forth in this ordinance.
1 -D. 24. COMMISSION: The Planning and Zoning Commission of the City of College
Station, Texas.
1 -D. 25. CONVALESCENT HOME: Any structure used or occupied by three (3) or
more persons recovering. from illness or receiving geriatric care for compensation.
1 -D. 26. CORNER LOT: A iot abutting upon two (2) or more streets at their inter-
sections.
1 -D. 27. CHILD CARE OR DEVELOPMENT FACILITIES: (a) Any childrens' home,
orphanage, institution, private home, residence or other place, whether public,
parochial or private, operated for profit or not, which keeps, cares for, has custody
of or is attended by four (4) or more children under sixteen (16) years of age, at any
one time, who are not members of the immediate family or any natural person operating
any such place, during any part or all of the twenty -four (24) hour day. (b) Any insti-
tution, home or other place, whether public parochial or private, conducted for profit
or not, which keeps, cares for, has custody of or is attended by any number of children,
under sixteen (16) years of age, who are not members of the immediate family of any
natural person - operating such a place, who are mentally or physically handicapped,
under medical or social supervision, and not within a hospital, twenty -four (24) hours
a day.
1 -D. 28. DORMITORY: Any structure specifically designed to house student tenants
associated with a university, college or school.
1 -D. 29. DRIVE IN EATING ESTABLISHMENT: Any structure and premises specifically
designed for the preparation and dispensing of food and meals for consumption either in-
doors or in a vehicle parked on the premises or taken away for consumption at other
places.
1 -D. 30. DWELLING: A "dwelling" is any building or portion thereof which is de-
signed or used exclusively for residential purposes.
1 -D. 31. EXTERIOR SIDE YARD: A yard which faces and is parallel to a side street.
ozzsz
1
Ordinance No. 850
Zoning Ordinance
Page 6
1 -D. 32. FAMILY: A "family" is any number of related persons or not more than
four (4) unrelated persons living as a single housekeeping unit.
1 -D. 33. FLOOD PLAIN: (a) Flood Plain, Intermediate: That land as shown in a
United States Army Corps of Engineers Flood Plain Study which lies within a stream
channel or adjacent to a stream channel within which flooding frequently occurs. It
is land which is required to be kept open and non - urbanized in order to maintain up-
stream flood plain characteristics and insure continued adequate drainage of adjacent
land. (b) Flood Plain, Standard: That land as shown in a United States Army Corps of
Engineers Flood Plain Study which includes the intermediate flood plain and that land
which lies immediately outside of and adjacent to the Intermediate Flood Plain in which
flooding only occasionally occurs.
1 -D. 34. FRATERNITY, SORORITY, OR GROUP STUDENT HOUSE: A building occupied
by and maintained exclusively for students affiliated with an academic or vocational
institution.
1 -D. 35. FILLING, RETAIL SERVICE STATION: An establishment where gasoline, oil
and grease, or automobile accessories are sold, supplied or dispensed to the motor
vehicle trade or where motor vehicles receive limited repair, are equipped for service,
or where electric storage batteries are charged and cared for, or a place where any
two (2) or more such activities are carried on or conducted as the principal use of the
establishment.
1 -D. 36. GARAGE, COMMERCIAL: A "commercial garage" is any premises and
structure used for housing more than five (5) motor vehicles or where any vehicles
are repaired for operation or kept for remuneration, hire, or sale and where a retail
service station may be maintained as a secondary use.
1 -D. 37. HOMES ASSOCIATION: An incorporated, nonprofit organization operating
under recorded land agreements through which (a)each lot and /or home owner in a
planned unit or other described land area is automatically a member, (b)each lot is
automatically subject to charge for a proportionate share of the expenses for the
organization's activities, such as maintaining a common property, and (c)the charge,
if unpaid, becomes a lien against the property.
1 -D. 38. HOME OCCUPATIONS: A "home occupation" is a commercial use customarily
carried on in the home by members of the occupant family without structural alterations
in the principal building or any of its rooms without the installation of machinery or
additional equipment other than that customary to normal household operations, with-
out the employment of additional persons, and which does not cause the generation of
other than normal noise, pedestrian and vehicular traffic.
1 -D. 39. HOSPITAL, SANITARIUM, NURSING OR CONVALESCENT HOMES: A
building or portion thereof, used or designed for the housing or treatment of the sick,
aged, mentally ill, injured, convalescent or infirm persons; provided that this definition
0,253
Ordinance No. 850
Zoning Ordinance Page 7
shall not include rooms in any residential dwelling, hotel, apartment hotel not ordinarily
intended to be occupied by said persons.
1 -D. 40. HOTEL: A building 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.
1 -D.41. KINDERGARTEN: Any school, private or parochial, operated for profit or
not, attended by four (4) or more children at any one time during part of a twenty -four
(24) hour day, which provides a program of instruction for children below the first
grade level in which constructive endeavors, object lessons and helpful games are
prominent features of the curriculum.
1 -D. 42. LOT: As used herein, a "lot" is the physical and undivided tract or parcel of
land as shown on a duly recorded plat.
1 -D.43. MOTEL: A building or group of two (2) or more detached, semi - detached or
attached buildings containing guest rooms or apartments with automobile storage space
provided in connection therewith, which building or group is designed, intended or used
primarily for the accommodation of automobile travelers; including groups designated
as auto cabins, motor courts, motels and similar designations.
%W 1 -D. 44. MULTIPLE BUILDING COMPLEX: More than one (1) principal building
on a building plot.
1 -D. 45. PASTURAGE: Land used primarily for the grazing of animal stock.
1 -D. 46. PERMITTED USE: A use specifically allowed in one (1) or more of the
various districts without the necessity of obtaining a use permit.
1 -D. 47. PERSONAL SERVICE SHOP: An establishment for the purpose of supplying
limited personal services such as, but not limited to, barber, shoe, boot, or "beauty"
shops.
1 -D. 48. PLANNED UNIT: A land area which (1) has individual building sites and
common property such as a park, and (2) is designed to be capable of satisfactory
use and operation as a separate entity without necessarily having the participation of
other building sites or other common property. The ownership of the common property
may be either public or private.
1 -D. 49. PLANNED UNIT DEVELOPMENT: A single planned unit as initially designed;
or such a unit as expanded by annexation of additional land area; or a group of contiguous
planned units, as separate entities or merged into a single consolidated entity.
022154
Ordinance No. 850
Zoning Ordinance Page 8
1 -D. 50. PLOT PLAN: A plan showing the use of the land, to include locations of
buildings, drives, sidewalks, parking areas, drainage facilities and other structures
to be constructed.
1 -D. 51. RETAIL FOOD STORE: A retail establishment selling meats, fruits,
vegetables, bakery products, dairy products, light hardware and other similar items
which are purchased for use and /or consumption off the premises (may be a drive -in
or supermarket type).
1 -D. 52. ROOMING HOUSE: A group of rooms provided for compensation either in a
converted single family home or in a structure specifically designed for such purpose.
No cooking facilities are provided in individual living units.
1 -D. 53. ROOMING AND BOARDING HOUSE: Where both rooms and meals are pro-
vided for compensation for more than four (4) persons.
1 -D. 54. SETBACK LINE: A line which marks the setback distance from the property
line, and establishes the minimum required front, side or rear yard space of a building
plot.
1 -D. 55. SHOPPING CENTER: A composite arrangement of shops and stores which
provides a variety of goods and services to the general public, when developed as an
integral unit.
1 -D. 56. STORAGE GARAGE: A "storage garage" is any premises and structure used
exclusively for the storage of more than five (5) automobiles.
1 -D. 57. STRUCTURE: Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent location on
the ground.
1 -D. 58. STRUCTURE, PRINCIPAL: The principal structure which fulfills the purpose
for which the building plot is intended.
1 -D. 59. TOWNHOUSE OR ROWHOUSE : One (1) of a group of no less than three (3)
nor more than twelve (12) attached dwelling units, each dwelling unit located on a
separate lot. No single group shall exceed two hundred and forty (240) feet in length.
1 -D. 60. VARIETY STORE: A retail commercial establishment which supplies a variety
of household goods, toys, limited light hardware items, candy, some clothing and other
general merchandise.
1 -D. 61. VARIANCE: A legal modification of the district provisions such as yard,
lot width and yard depth, signs, set back and off - street parking and loading regulations
granted due to the peculiw conditions existing within a single piece of property.
0220115
Ordinance No. 850
Zoning Ordinance
1 -D. 62. YARD: See Section 6 -G.
Page 9
1 -D. 63. Definitions not expressly prescribed herein are to be construed in accordance
with customary usage in municipal planning and engineering practices.
SECTION 2. 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:
2 -A Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow such center lines.
2 -B Boundaries indicated as approximately following platted lot lines shall be construed
as following such lot lines.
2 -C Boundaries indicated as approximately following city limits shall be construed as
following such city limits.
2 -D Boundaries indicated as following railroad lines shall be construed to be midway
between the rails of the main line.
2 -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 center
lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to
follow such center lines.
2 -F Boundaries indicated as parallel to or extensions of features indicated in Subsections
A through E above shall be so construed. Distances not specifically indicated on the
Official Zoning Map shall be determined by the scale of the map.
2 -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 by
Subsections A through F above, the Board of Adjustment shall interpret the district
boundaries.
SECTION 3. APPLICATION OF DISTRICT REGULATIONS
3 -A UNIFORMITY: The regulations set by this ordinance within each district shall be
minimum regulations and shall apply uniformly to each class or kind of structure or land,
except as hereinafter provided.
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Ordinance No. 850
Zoning Ordinance Page 10
3 -A. 1. No building, structure, or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed, re-
constructed, moved, structurally altered except in conformity with all the regu-
lations herein specified for the district in which it is located.
3 -A. 2. No part of a yard, or other open space, or off- street parking or loading space
required about or in connection with any building or use for the purpose of complying with
this ordinance, shall be included as part of a yard, open space, or off - street parking or
loading space similarly required for any other building or use. (See Section 6 also.)
3 -B NEWLY ANNEXED TERRITORY:
3 -B. 1. Any territory hereafter annexed to the City of College Station shall be classi-
fied as District A -O.
3 -B. 2. No person shall erect, excavate, construct or proceed or continue with the
erection or construction of any building or structure or add to, enlarge, move, im-
prove, alter, repair, convert, or demolish any building or structure or cause the
same to be done in any area of the City or in any newly annexed territory to the City
without first applying for and obtaining a building permit therefor from the Building
Official as may be required in applicable city ordinances.
SECTION 4. NONCONFORMING USES:
4 -A Except as hereinafter specified, any use, building or structure existing at the
time of enactment of this ordinance may be continued, even though such use, building
or strucutre may not conform with the provisions of this ordinance for the district in
which it is located; provided, however, that this section shall; not apply to any use,
building or structure established in violation of any zoning ordinance previously in
effect in College Station.
4 -B CONDITIONAL USES: Any use existing on the effective date of this ordinance which
is listed as a conditional use shall be and shall remain a nonconforming use until a condi-
tional use permit is obtained as provided in this ordinance. (See Section 10.)
4 -C ALTERATION OF NONCONFORMING USES: No existing building or premises
devoted to a use that is not permitted by this ordinance in the district in which such
building or premises is located shall be enlarged, extended, reconstructed, substituted,
or structurally altered, except when required to do so by law or order, unless the use
thereof is changed to a use that is permitted in the district in which such building or
premises is located, and except as follows:
02257
Ordinance No. 850
Zonirg Ordinance Page 11
4 -C. 1. When authorized by the Board of Adjustment in accordance with the provisions
of Section 11, the substitution for a nonconforming use of another nonconforming use,
or an extension of a nonconforming use, may be made;
4 -C. 2. Whenever a nonconforming use has been changed to a conforming use, such
use shall not thereafter be changed to a nonconforming use;
4 -C. 3. When authorized by the Board of Adjustment in accordance with the provisions
of Section 11 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 per
cent (25 %) of the original area of nonconformity.
4 -C. 4. When authorized by the Board of Adjustment in accordance with the provisions of
Section 11 a nonconforming use may be extended throughout those parts of a building which
were manifestly designed or arranged for such use prior to the date on which such use
of said building became nonconforming, if no structural alterations, except those re-
quired by law, are made therein.
4 -D CESSATION OF USE OF A BUILDING OR LAND: For the purpose of the succeeding
subsections, a use shall be deemed to have ceased when it has been discontinued for
twelve (12) months whether with the intent to abandon said use or not.
4 -D. 1. No building or structure which was originally designed for a nonconforming
use shall again be put to a nonconforming use, where such use has ceased for twelve
(12) months or more.
4 -D. 2. No building or structure which was not originally designed for a nonconforming
use shall again be put to a nonconforming use where such use has ceased for twelve (12)
months or more.
4 -D. 3. The use of land (without buildings) which does not conform to the provisions
of this ordinance shall be discontinued within one (1) year from the enactment of this
ordinance. The nonconforming use of land which became nonconforming by reason
of subsequent amendments to this ordinance shall be discontinued within one (1) year
from the date of such amendment.
4 -E CONSTRUCTION APPROVED PRIOR TO ENACTMENT DATE OF ORDINANCE:
Nothing.herein shall be construed to require any change in the overall plans, con-
struction, or designated use of any development, structure, or part thereof, where
official approval and required building permits were granted before the enactment of
this ordinance.
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Ordinance No. 850
Zoning Ordinance
Page 12
4 -F UNSAFE BUILDINGS, REPAIR OF: Nothing in this ordinance shall be construed
to prohibit the strengthening or repair of any part of any building or structure declared
unsafe by the Building Official.
4 -G DAMAGE OR DESTRUCTION: Any nonconforming structure which is damaged
more than sixty per cent (60 %) of its appraised value for tax purposes, exclusive of
its foundations, by fire, flood, explosion, wind, earthquake, war, riot, or other
calamity or Act of God, shall not be restored or reconstructed and used as it was
before such happening. If such structure is damaged less than sixty per cent (60 %)
of its then appraised value for tax purposes, it may be restored, reconstructed, or
used as before, provided that such restoration or reconstruction is completed within
twelve (12) months of the damaging event.
SECTION 5. SCHEDULE OF DISTRICT REGULATIONS
5 -A DISTRICT A -O: AGRICULTURAL - OPEN:
5 -A. 1. PURPOSE: This district includes lands within the corporate limits of the
City which are not subdivided and are relatively undeveloped. It may also include
those areas mentioned in Section 3, Subsection 3 -13 above. This district is designed
to promote orderly, timely, economical growth and to recognize current conditions.
It is a reserved area in which the future growth of the City can occur.
5 -A. 2. PERMITTED USES:
Single family dwellings.
Barn, stable for keeping private animal stock.
Country club (publicly or privately owned).
Crop production.
Farm.
Truck garden (including green house for commercial purposes).
Golf course.
Home occupations.
Pasturage.
Poultry production (non - commercial).
Riding academy (private).
5 -A. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -A.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -A. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -A. 6. SIGN REGULATIONS: Refer to Section 8.
OZ J.9
Ordinance No. 850
Zoning Ordinance
5 -B DISTRICT R -1A - SINGLE FAMILY RESIDENTIAL:
Page 13
5 -13. 1. PURPCBE: This district includes lands which are subdivided into large
tracts for residential purposes. The district is designed to protect these areas
from the undesirable encroachment of non - residential uses, dense residential
development and other similar uses not compatible with the open character of estate
type land use. It also recognizes past trends and the tradition of having this land
use within the community.
5 -B.2. PERMITTED USES:
Single -family dwellings.
Home occupations.
5 -B. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -B.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -B. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -B. 6. SIGN REGULATIONS: Refer to Section 8.
5 -C DISTRICT R -1B - SINGLE FAMILY RESIDENTIAL:
5 -C. 1. PURPOSE: This district includes lands subdivided for single family resi-
dential purposes and associated uses. The district is designed to provide sufficient,
suitable residential neighborhoods, protected from incompatible uses, provided with
necessary facilities and , services.
5 -C.2. PERMITTED USES:
Single family dwellings.
Home occupations.
5 -C. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -C.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -C. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -C. 6. SIGN REGULATIONS: Refer to Section 8.
5 -D DISTRICT R -1C - SINGLE FAMILY RESIDENTIAL:
5 -D. 1. PURPOSE: This district includes lands subdivided for single family resi-
dential purposes and associated uses. The district is designed to provide sufficient,
02270
Ordinance No. 850
Zoning Ordinance
Page 14
suitable residential neighborhoods, protected from incompatible uses, provided with
necessary facilities and services.
5 -D.2. PERMITTED USES:
Single family dwellings.
Home occupations.
5 -D. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -D.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -D. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -D. 6. SIGN REGULATIONS: Refer to Section 8.
5 -E DISTRICT R -2 - DUPLEX RESIDENTIAL:
5 -E. 1. PURPOSE: This district contains land which has been subdivided for single
family residential purposes and associated uses as well as larger parcels of property
which lend themselves to duplex dwellings. This district is at moderate density. It
may be utilized as a transitional zone between low density and other residential uses
and for unusually large parcels of land.
5 -E.2. PERMITTED USES:
Duplex dwelling units.
Single family dwellings.
Home occupations.
5 -E. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -E.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -E. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -E. 6. SIGN REGULATIONS: Refer to Section 8.
5 -F DISTRICT R -3 - APARTMENT BUILDINGS:
5 -F. 1. PURPOSE: This district contains land used for a variety of housing types,
primarily multiple dwellings. This district is designed to provide the widest range
of housing types as well as highest density in the community. Particular emphasis
is placed on the residential development of types most appropriate to satisfy the
housing demand generated by Texas A &M University.
0271
Ordinance No. 850
Zoning Ordinance Page 15
5 -F. 2. PERMITTED USES:
Single family dwellings, built under the zoning restrictions of Districts
R -1 -A, B, or C.
Duplex dwelling units, built under the zoning restrictions of District R -2.
Apartment buildings.
Townhouse dwelling units, built under the zoning restrictions of District R-4.
Convalescent homes.
Dormitory.
Home occupations.
Parking lots for operating vehicles.
Rooming houses.
Rooming and boarding houses.
Boarding houses.
Fraternity or Sorority houses.
5 -F. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -F.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -F. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -F. 6. SIGN REGULATIONS: Refer to Section 8.
5 -G DISTRICT R -4 - TOWNHOUSE - ROWHOUSE:
5 -G. 1. PURPOSE: This district contains land which is to be used for a unique type
of dwelling, which is designed for individual ownership or ownership in group for
rental purposes.
5 -G.2. PERMITTED USES:
Single family dwellings, built under the zoning restrictions of Districts
R -1 -A, B. or C.
Duplex dwelling units, built under the zoning restrictions of District R -2.
Townhouses or Rowhouses and parking lots.
Home occupations.
5 -G. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -G.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -G. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -G. 6. SIGN REGULATIONS: Refer to Section 8.
�4w'
a�2�2
0
Ordinance No. 850
Zoning Ordinance
Page 16
5 -H DISTRICT R -5 - MOBILE HOME PARK:
5 -H. 1. PURPOSE: This district contains land which is located, designed, and is
to be operated as a site for single family residences in mobile homes, of medium
density, and in accordance with the specific requirements of the "Mobile Home Park
Ordinance" (Ordinance No. 627 and amendments thereto).
5 -H. 2. PERMITTED USES: Refer to "Mobile Home Park Ordinance".
5 -H. 3. CONDITIONAL USES PERMITTED: Refer to "Mobile Home Park Ordinance ".
5 -H. 4. AREA REQUIREMENTS: Refer to "Mobile Home Park Ordinance ".
5 -H. 5. PARKING REQUIREMENTS: Refer to "Mobile Home Park Ordinance ".
5 -H. 6. SIGN REGULATIONS: Refer to Section 8.
5 -I DISTRICT C -N - NEIGHBORHOOD BUSINESS:
54.1. PURPOSE: This district contains land which maybe apprppriately used to
provide, in residential neighborhoods, restricted convenience goods and personal
rr service business. The area of this type of zone is restricted to not more than four
(4) acres with no loud noises and no garish display.
54.2. PERMITTED USES: Special restriction: All business or display to be
within a completely enclosed building, except for parking and loading areas.
Alcoholic beverage sales - restricted to off premises consumption.
Antique shop.
Apartments, built under the restrictions of District R -3.
Art studio or gallery.
Business, music, dance, or commercial schools.
Book and stationery stores.
Cafe, restaurant, or cafeteria.
Cleaner (automated or pick -up station).
Clinic.
Clothing store, retail.
Drug store.
Dwelling unit, as part of business building, for operator.
Electric appliance shop and repair.
Financial institutions.
Frozen food lockers (no slaughtering or stripping).
Florist shop, retail.
Offices, professional or service.
Pet shop.
Photographers studio.
02273
I
Ordinance No. 850
Zoning Ordinance
Public parking lot for operating vehicles.
Radio, television or electronics sales and service.
Retail food store.
Shoe sales and repair.
Tailor and dressmaking shop.
Variety store.
Other personal service shops.
Page 17
5 -I.3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -I.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -I.5. PARKING REQUIREMENTS: Refer to Section 7.
5 -I.6. SIGN REGULATIONS: Refer to Section 8.
5-J DISTRICT C -1 - GENERAL COMMERCIAL:
5-J.1. PURPOSE: This district is designed to provide a location for general com-
mercial, retail uses which serve the entire community and its visitors.
5-J. 2. PERMITTED USES: All in C -N, plus the following:
Apartment dwellingunits, built under restrictions of District R -3.
Alcoholic beverage sales - retail and wholesale.
Apartment hotel.
Arena - coliseum.
Automobile sales and rental.
Automobile repair shop.
Bank.
Bookstore, retail and wholesale.
Bowling alley.
Car wash.
Cleaner, dry and pressing plant, laundry and /or linen supply.
Cold storage plant.
Commercial amusements.
Domestic household equipment rental, storage.
Dormitories.
Drive -in sales.
Drive -in eating establishment.
Filling station, retail.
Furniture, appliance store, sales, service.
Garage, commercial.
Hardware store.
02274
n
Ordinance No. 850
Zoning Ordinance
Hospital, sanitarium, nursing home or convalescent home.
Hotel.
Marine and fishing equipment sales.
Mobile home sales, storage.
Motel.
Nursery plant sales.
Parking building or lot, commercial, for operating vehicles.
Printing and reproduction.
Private lodges, fraternal.
Radio or TV stations or studios, (no towers).
Retail sales and services.
Shopping center.
Storage garage.
Theaters and motion picture houses.
Tire shop, no vulcanizing or retreading.
Trailer and /or accessory equipment sales, rental or storage.
Warehouses.
Other uses will be considered by the Commission.
5-J.3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
Page 18
�4w 5-J.4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -J. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -J. 6. SIGN REGULATIONS: Refer to Section 8.
5 -K DISTRICT C -2 - COMMERCIAL - INDUSTRIAL:
5 -K. 1. PURPOSE: This district is designed to provide locations for outlets offering
goods and services to a limited segment of the general public. The uses included
primarily serve other commercial and industrial enterprises.
5 -K. 2. PERMITTED USES: All in C -1 excluding all residential uses, plus the
following:
Alcoholic beverage sales - wholesale.
Automotive and trailer repair.
Boarding kennels (public).
Carting, crating, express storage.
Farm -ipnplement sales (new or used), storage, repair.
Garden (including greenhouse), for commercial purposes.
General merchandise warehouse.
Hardware (industrial sales).
r Monument sales.
Machine shop.
02275
Ordinance No. 850
Zoning Ordinance
Sheet metal fabrication shop.
Sign shop (painting, manufacturing).
Trailer and /or accessory equipment sales, rental, storage.
Welding shop.
Wholesales and service.
Other uses will be considered by the Commission.
5 -K. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
Page 19
5 -K. 4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -K. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -K. 6. SIGN REGULATIONS: Refer to Section 8.
5 -L_ DISTRICT M -1 - PLANNED INDUSTRIAL:
5 -L. 1. PURPOSE: This district contains land designed to attract high performance
industries, with properly proportioned and landscaped open space, controlled design
of plant exteriors and screening of loading and storage facilities, with a minimum of
fifteen per cent (15 %) of the area landscaped. Paved sidewalks, driveways and parking
areas are required.
5 -L. 2. PERMITTED USES:
Research and development.
Laboratories.
Instrument and component manufacturing.
Apparel manufacturing.
Rubber and plastics product manufacturing.
Transportation component manufacturing.
Printing and allied products.
Electrical machine manufacturing.
Electric and electronic assembly.
Fabricated metal products manufacturing.
Office equipment and supplies manufacturing.
Offices.
Warehousing.
Other uses will be considered by the Commission.
5 -L. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -L. 4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
022'76
Ordinance No. 850
Zoning Ordinance Page 20
5 -L. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -L. 6. SIGN REGULATIONS: Refer to Section 8
5 -M DISTRICT M -2 - HEAVY INDUSTRIAL:
5 -M. 1. PURPOSE: This district is designed to provide land areas for manufacturing
and industrial activities whose generation of nuisance characteristics is ordinarily
greater than those industries permitted in the C -2 and M -1 Districts. The M -2
District regulations are designed to attract and encourage such industries, subject
to the minimum regulations necessary for the mutual protection of the permitted
uses and the public.
5 -M. 2. PERMITTED USES: All uses permitted in C -2 and M -1, plus the following:
Aircraft landing strip, sales, service rental or repair.
Broadcasting towers for radio or TV.
Concrete products manufacturing.
Food processing plants.
Lumber and building material sales and storage.
Machine shops.
Salvage or junk yards (for pipe, sheet metal, automobiles, lumber, etc..,
when visually screened on front, rear, and all sides with a solid
six(6) -foot high fence).
Storage tanks (for liquid petroleum, gas, and explosives).
Tire shop, including vulcanizing and retreading.
Warehousing.
5 -M. 3. CONDITIONAL USES PERMITTED: Refer to Section 6 -L.
5 -M. 4. AREA REQUIREMENTS: Refer to Table A at the end of this Section.
5 -M. 5. PARKING REQUIREMENTS: Refer to Section 7.
5 -M. 6. SIGN REGULATIONS: Refer to Section 8.
5 -N DISTRICT C -U - COLLEGE AND UNIVERSITY:
5 -N. 1. PURPOSE: This district contains lands which are primarily located within
the boundaries of the Texas A &M University's main campus, but may be extended to
include other colleges training schools. This district provides a means of advance
consideration by the City of any development which might occur in relation to parking,
022'7'7
Ordinance No. 850
Zoning Ordinance Page 21
additional traffic generation, compatibility with adjacent areas (districts) and any
additional demands which may be placed on the City's administrative or service
functions.
5 -N. 2. REFERRAL: Matters on which University planning decisions are to be
made should be referred to the Mayor and Council of the City of College Station by
the University administrative officials well in advance of commitment if they relate
to or influence the planning in adjacent areas. Areas of joint interest and concern
should be explored and related planning initiated and carried out.
5 -N. 3. PERMITTED USES:
Colleges.
Junior colleges.
Universities.
Vocational or technical training schools.
5 -0 DISTRICT P -U -D - PLANNED UNIT DEVELOPMENT:
5-0.1. PURPOSE: The purpose of this district is to permit such flexibility and to
provide performance criteria which can result in planned developments which produce:
5- 0.1.1. A maximum choice in the type of environment and living units available
to the public;
5- 0.1.2. Open space and recreation areas;
5 -0. 1.3. A pattern of development which preserves trees, outstanding natural
topography and geologic features and prevents soil erosion;
5 -0.1.4. A creative approach to the use of land and related physical development;
5- 0.1.5. An efficient use of land resulting in smaller networks of utilities and streets
and thereby lower housing costs;
5- 0.1.6. An environment of stable character in harmony with surrounding development;
5- 0.1.7. A more desirable environment than would be possible through strict application
of other sections or districts in this ordinance.
The Planned Unit Development District is designed to provide for small and large scale
developments Wcokporating a single type or a variety of residential and related uses
which are planned and developed as a unit. Such developments may consist of individual
lots or may have common building sites. Common land must be an essential and major
W121278
Ordinance No. 850 b
Zoning Ordinance Page 22
element of the plan which is related to and affects the long -term value of the homes
and other development. A planned unit shall be a separate entity with a distinct
character in harmony with the surrounding development.
In a Planned Unit Development, if maximum building heights, minimum lot sizes,
setback lines, lot widths or lot depths are to be different from established standards
for the respective land uses, approval for such deviation must be acquired from the
Planning and Zoning Commission. No structure shall be more than two hundred and
forty (240) feet in length, and there shall be a minimum of fifteen (15) feet between
structures. The limit of two hundred and forty (240) feet in length will be waived if
the structure is completely equipped with an automatic sprinkler system conforming
to the standards of the National Fire Protection Association for the Installation of
Sprinkler Systems. No structure shall be constructed within fifteen (15) feet of the
exterior property lines of the development.
5 -0.2. LOCATION: The Planned Unit Development may be established in any resi-
dential district. No structure shall be constructed in a delineated flood plain. A
structure is defined as anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent location on
the ground.
5 -0.3. SUBMISSION PROCEDURE: The City Planner shall, subject to the approval
of the Commission, establish and publish the procedure for submission and review of
proposals for Planned Unit Development.
The initial submission to the Commission shall consist of a request for zone change,
a preliminary subdivision plat, and a preliminary development plan. If these are
approved by the Commission, they will be sent forward to the City Council with a re-
commendation for approval of the zone change request under the condition that the final
plat and final development plan with all related information shall be presented to the
Council, through the Commission, within one (1) year from the date of approval of
the zone change request; otherwise, the zoning shall revert to that prior to the request.
This period of one (1) year may be extended for an additional period of twelve (12)
months on presentation and approval of information acceptable to the Commission and
the City Council that extenuating circumstances, beyond the control of the developer,
have prevented compliance within the original period of one (1) year.
5-0.4. SUBDIVISION PLAT: The subdivision plat shall be as required by the sub-
division regulations, except that consideration will be given to meritorious modifi-
cation of the "Geometric Standards" of streets other than "Principal Streets ".
5 -0.5. DEVELOPMENT PLANS: The developer shall present plans, reports and
related information in sufficient detail to enable the Commission to evaluate the proposed
development in accordance with the provisions of this section. The Commission shall in-
vestigate and ascertain that the plans for the Planned Unit Development meet the following
conditions:
027479
Ordinance No. 850
Zoning Ordinance Page 23
5 -0.5. 1. That the tract of land for the project comprises not less than five (5) acres.
It may be owned, leased or controlled either by a single person, a group of individuals,
or a corporation;
5- 0.5.2. That the standards for the maximum floor space permitted and for minimum
recreational space, out -door living space, open space and parking space requirements
are related to a land use intensity rating (LUI). The land use intensity (LUI) for a
Planned Unit Development shall relate to the zoning districts. The relationship be-
tween ratings and standards are established and are as follows:
PUD DISTRICT: 1 2 3
Land Use Intensity 3.7 4.5 5.8
Minimum Average Dwelling Unit
Size (City Requirements) 1, 000 sq. ft. 800 sq. ft. 600 sq. ft.
Maximum # of D. U. /Acre
(City Requirements) 7.08 15.4 50.6
Maximum Floor Area Ratio
(FAR) (Total Floor Area /Total .162 .283 .696
Land Area)
Minimum Open Space Ratio
(OSR) (Open Space /Floor Area) 4.8 2.6 1.0
Minimum Livability Space Ratio
(LSR) (Non- Vehicular Outdoor
Space /Floor Area) 3.3 1.7 .57
Minimum Recreation Space Ratio
(RSR) (Recreation Space /Floor Area) .20 .15 .10
Minimum Occupant Car Ratio (OCR)
(Parking Spaces /Dwelling Unit) 1.6 1.2 .84
Minimum Total Car Ratio
(TCR) (Parking Spaces /Dwelling Unit) 1.8 2.0 2.0
0,?�Uty
M
Ordinance No. 850
Zoning Ordinance
Definitions:
Page 24
Floor Area Ratio (FAR) is maximum square footage of total floor area permitted
for each square foot of land area.
Example: Floor Area Ratio (FAR) = 1.0
10 story
building
10% cover
F. A. R. =1.
ilding
ed F. A. R. =1. 0
\` """ LAND AREA
Open Space Ratio (OSR) is minimum square footage of open space required for each
square foot of floor area.
Livability Space Ratio (LSR) is minimum square footage of nonvehicular outdoor
space required for each square foot of floor area.
Recreational Space Ratio (RSR) is minimum square footage of recreation space re-
quired for each square foot of floor area.
Total Car Ratio (TCR) is minimum number of parking spaces required for each
living unit.
Occupant Car Ratio (OCR) is minimum number of parking spaces without parking -time
limits required for each living unit.
5- 0.5.3. That the buildings are to be used for residential purposes except:
5- 0.5.3.1. Where the development contains one hundred (100) or more dwelling
units, 2,400 square feet of floor area for every one hundred (100) dwelling units
may be limited business use as permitted in the Neighborhood Business District.
This business area may be in a separate building or incorporated with a two(2)-
family or multi - family structure.
5- 0.5.3.2. Where the development contains five hundred (500) or more dwelling
units, one (1) acre of land for each one hundred (100) dwelling units may be used
for commercial purposes. Only uses permitted in District C -1 General Commercial
may be included.
5 -0. 5.3.3. Where the development contains 1, 000 or more dwelling units, five (5) acres
law of land for every one hundred (100) dwelling units may be used for industrial purposes.
Only uses permitted in District M -1 Planned Industrial may be included. One (1) acre
of land for each one hundred (100) dwelling units may also be used for commercial purposes.
022131
Ordinance No. 850
Zoning Ordinance Page 25
5- 0.5.3.4. Where customary accessory or associated uses, such as residential garages,
storage buildings, recreatioml facilities, community facilities, churches, and schools
are to be built as part of the development.
5 -0.5.4 That the proposed project will constitute an environment of sustained desirability
and stability, and that it will be in harmony with the character of the surrounding
neighborhood.
5- 0.5.5. That the project is in conformity with the policies and goals of the Compre-
hensive Plan for development of the City, and will be consistent with the intent and
purpose of this section.
5- 0.5.6. That the property adjacent to the proposed development will not be adversely
affected.
5- 0.5.7. That every structure containing dwelling units have access to a public street
directly or via a court, walkway or other area dedicated to the public or owned and
maintained by a homes association, but need not front on a street.
5- 0.5.8. That provisions for the parking of motor vehicles in non - residential areas
are as established in Section 7 of this ordinance.
5 -0.6. STAGE CONSTRUCTION: Stage construction will be considered if the initial
stage is five (5) acres or more in area, and each succeeding stage is at least five (5)
acres or the balance of the tract. The preliminary development plan and the preliminary
subdivision plat shall show all of the development stages and the approximate boundaries
of each stage. The final subdivision plat and final development plans for each succeeding
stage shall be submitted at not more than one (1) year intervals.
The common areas and facilities for each development stage must be planned so that
each home owner in the original planned unit and in each additional stage will have an
approximately equal financial stake in the homes association's common facilities and
about equal benefit from them.
5 -0.7. UTILITIES: The method of providing streets and utilities shall be in accordance
with the requirements of the Subdivision Regulation Ordinance (Ordinance No. 690), except
for the variance as provided for private streets in Subsection 5 -0.4. above.
5 -0.8. SIGNS: Signs shall be regulated in each land use as established in respective
subsections of Section 8.
5 -0.9. HOMES ASSOCIATION: A homes association will be required if other satisfactory
arrangements have not been made for providing, operating and maintaining common facili-
ties including streets, drives, service and parking areas, common open spaces, and com-
mon recreational areas. The incorporation of the homes association must provide for
the following:
02282
M
Ordinance No. 850
Zoning Ordinance
Page 26
a. Establish automatic membership in a non - profit homes association
of all lot owners in the P -U -D;
b. Place title to the common property in the homes association or give
definite assurance that it automatically will be so placed within a
reasonable, definite time;
c. Appropriately limit the uses of common property;
d. Give each lot owner the right to the use and enjoyment of the common
property;
e. Place responsibility with the homes association for: (1) maintenance
and operation of the common property; (2) administration of architectural
controls; (3) enforcement of covenants; and (4) maintenance of all or part
of the exterior improvements of individual properties;
f. Place an association charge on each lot in a manner which will (1) assure
sufficient association funds, and (2) provide adequate safeguards for the
lot owners against undesirably high charges;
g. Provide that a lien shall be placed upon property of which homes association
charges are delinquent;
h. Give each lot owner voting rights in the association.
The homes association incorporation must meet with the approval of the City Attorney
and be filed for record with the Brazos County Clerk.
5 -0.10. RELATION OF OTHER CITY ORDINANCES AND CODES: The provisions of the
Housing Code, Building Code, Fire Prevention Code, Plumbing Code and Electrical Code,
among other codes and ordinances, are specifically mentioned as applicable to District
P -U -D (Planned Unit Development). A building permit for a structure in a Planned
Unit Development shall be issued only after the plans for the development have been ap-
proved by the Commission. All structures in a Planned Unit Development shall be con-
structed as shown on the approved plans.
®Z2 Jai
(The Next Page is Page #02285)
Page 27
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Ordinance No. 850
Zoning Ordinance Page 28
SECTION 6. SUPPLEMENTARY DISTRICT REGULATIONS
The following supplementary district regulations are hereby adopted and shall apply
in all cases where specified by this section.
6 -A VISIBILITY AT INTERSECTIONS IN ALL DISTRICTS: On a corner lot in any
district, nothing shall be erected, placed, planted or allowed to grow in such a manner
as materially to impair vehicle drivers' vision at intersections, within a triangle de-
fined by the property lines and a line joining two (2) points located twenty (20) feet back
from the property lines intersection; except that fences, walls, and hedges may be per-
mitted provided that such fences, walls and /or hedges do not impair vision from three
(3) feet to six (6) feet above the curb line elevation.
6 -B ACCESSORY BUILDINGS: No accessory building shall be erected in any
required setback area.
6 -C MINIMUM BUILDING PLOT: No building plot shall have lower._or less stringent
standards or dimensions than those prescribed for respective zones as shown in Table A
of this ordinance.
6 -D ERECTION OF MORE THAN ONE (1) PRINCIPAL STRUCTURE ON A LOT OR
BUILDING PLOT: In any district, more than one (1,) structure housing a permitted princi-
pal use may be erected on a single lot or building plot, but yard and other requirements
of this ordinance must be met for each structure as though each were on an individual
lot or buildingplot.
6 -E EXCEPTIONS TO HEIGHT REGULATIONS: The height limitations contained in
Table A do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys
or other appurtenances usually required to be placed above the roof level and not in-
tended for human occupancy.
6 -F STRUCTURES TO HAVE ACCESS: Every building hereafter erected or moved
shall be on a lot or building plot with direct access on a public street, or with access
to an approved private street. All structures shall be so located on lots or building
plots as to provide safe and convenient access for servicing, fire protection, and the
required on -site parking.
6 -G REQUIRED YARDS: Yards as required in this ordinance are 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.
6 -G. 1. FRONT YARD REQUIRED: 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. The required front setback line
Ordinance No. 850
Zoning Ordinance
Page 29
represents the line in front of which no building or structure may be erected except
that porches and steps open on three (3) sides located along not more than one -half
(1/2) of the building may project a maximum of six (6) feet into the required front
yard. Balconies, decks, signs and marquees located more than eight (8) feet from
the ground may project up to six (6) feet into the required front yard.
6 -G. 2. REAR YARD REQUIRED: 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. There shall be no intrusion into the required rear yard by stairways,
balconies or other building extensions to more than six (6) feet.
6 -G. 3. SIDE YARD REQUIRED: A yard located on a lot or building plot extending
from the required rear yard to the 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.
6 -H. 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 trans-
porting 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.
6 -I PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or
trailers not bearing current license plates and state motor vehicle inspection stickers,
excluding racing cars, antique cars and cars belonging to members of armed forces
who are on active duty, shall be parked or stored on any residentially zoned property
only in completely enclosed buildings.
6 -J SCREENING FENCES REQUIRED: (1) Where there is a common side or rear
lot line or lot lines between business, commercial or industrial land and developed
residential areas, the owner of said business, commercial or industrial land shall erect
a fence that properly screens adjacent residential lots from adverse influences such as
noise, vehicular lights, trespass, and other adverse influences as part of the normal
construction of buildings dedicated to said non - residential usage. (2) Where there is a
common side or rear lot line or lot lines between apartment land and developed single
family residential land, the owner of the apartment land shall erect a fence that will
properly screen adjacent single family residential land from adverse influences such as
noise, vehicular lights, trespass, and other adverse influences as part of the normal
construction of the apartment project.
Such screening fences may be made of any material but shall be at
least six (6) feet in height and shall form a solid continuous screen between the
residential and non - residential land uses. In the case of rear lot lines such screening
02287
Ordinance No. 850
Zoning Ordinance Page 30
fence shall be continued from one side lot line along the rear lot line to the other side
lot line. In the case of side lot lines, such screening fence shall be continued from the
rear lot line along the side lot line to the front setback line but no farther than a point
fifteen (15) feet from the street right -of -way line. Each such screening fence shall be
maintained in good condition by the owner of said business, commercial or industrial
project, for as long a time period as may be needed to protect adjacent residential land
uses.
6 -K SHOPPING CENTERS, MULTIPLE BUILDING COMPLEX AND LARGE PROJECTS
IN GENERAL: Plot plans of all shopping centers and multiple building complexes
and plot plans of other large scale projects which would cause a considerable impact on
the City's facilities shall be reviewed and approved by the City technical staff prior to
the issuance of a building permit by the Building Official. Such review under this sub-
section shall be restricted to the review of the impact of such project on: (1) the neigh-
boring land and environment, (2) traffic generation, (3) proposed circulation patterns
and implications to safety in the project area, and (4) the resultant impact of such traf-
fic generation and circulation upon adjacent street systems. The Building Official or the
developer of the project may refer the plot plans to the City Council prior to the issuance of
a building permit for final resolution. No building permit will be delayed more than
thirty (30) days pending resolution of such building permit request unless the building
permit has been formally denied by the Building Official. The building permit, when
issued, shall require construction according to the approved plot plan, construction
plans and specifications.
6 -L CONDITIONAL USES: The following conditional uses may be permitted in any district
when they meet special regulations and conditions prescribed by the City Council, upon
recommendation of the Planning and Zoning Commission through the issuance of a Use
Permit (see Section 10). Detailed examination of proposed location and use characteristics
is necessary to maximize compatibility.
Churches.
Community buildings; meeting- recreation facilities.
Hospitals, sanitariums, nursing homes, or convalescent homes.
Telephone exchanges.
Child care and development centers.
Public libraries.
Municipal service facilities and buildings.
Schools, public or denominational.
Medical clinics, pharmacies.
6 -M ENVIRONMENTAL REGULATIONS: The following regulations are to control con-
tamination of the air, water, or the environment, and to safeguard the health, safety
and welfare of the people.
Ordinance No. 850 Page 31
6 -M. 1. No machine, process or procedure shall be employed on any property in the
City, in which: (a) Emission of smoke, dust, noxious, toxic or lethal gases are de-
tectable beyond the perimeter of the property;
(b) 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 or cellulose fibers,
hair, feathers, plastic, or have a PH factor above ten (10) or below five (5);
(c) Drainage into the sanitary sewerage system shall conform to the
requirements in the "Industrial Waste Ordinance" (Ordinance No. 787);
(d) Vibration is discernible beyond the property line;
(e) Noise above the ambient noise level is discernible beyond the
property line.
6 -M. 2. No storm water drain, roof drain, or area drain shall empty into a sanitary
sewer.
6 -N FLOOD PLAIN: No dwelling, commercial or industrial building shall be permitted
in the "Intermediate Flood Plain" channel, as determined by the Corps of Engineers Study.
Buildings in the area between the delineated "Intermediate Flood Plain" and the "Standard
Flood Plain" will be permitted only after such land is built up to an elevation of one ( 1)
foot above the "Standard Flood Plain" elevation, and such land as so built up, when verified
by the City Engineer, will change the "Standard Flood Plain" delineation accordingly.
6 -0 MOBILE HOME PARK: The Mobile Home Park zone is a floating zone, and such
classification is not to be granted until a petition is presented showing a planned utilization
of such a zone, that such use is the best use of the land, and that it will not adversely
affect the surrounding property.
6 -P TEMPORARY BUILDINGS AND EQUIPMENT: Temporary buildings and equipment for
uses incidental to construction work on premises are allowed in any zone but shall be re-
moved upon the completion or abandonment of construction work.
6 -Q Parks are allowed in any zone.
SECTION 7: MINIMUM PARKING REQUIREMENTS
7 -A PURPOSE: It is the purpose of this section to establish the guidelines for off - street
parking space consistent with the proposed land use to:
(1) eliminate occurrence of non - resident on- street parking in adjoining neighbor-
hood;
(2) avoid the traffic congestion and public safety hazards caused by a failure to
provide such parking space; and
(3) expedite the movement of traffic on public thoroughfares in a safe manner and
thus increasing the carrying capacity of the streets, reducing the amount of land required
for streets and the cost to both the property owner and the City.
vow
Ordinance No. 850
Zoning Ordinance Page 32
7 -B OFF - STREET PARKING SPACES REQUIRED: In all districts, for all uses, there
shall be provided at the time any building or structure is erected or enlarged or increased
in capacity, or at any time any other use is established, off - street parking spaces for
motor vehicles in accordance with the requirements specified herein.
7 -B. 1. DIMENSIONS AND ACCESS: Each off - street parking space for automobiles shall
have an area of not less than nine feet by twenty feet (9' x 20 Each off - street parking
space for truck unloading shall have an adequate unloading area. Each parking space and
the maneuvering area thereto shall be located entirely upon private property except as
set forth in the Street Ordinance (Ordinance No. 608). There shall be adequate provision
for ingress and egress to all parking spaces, and there shall be adequate maneuvering
space to eliminate backing into public right -of -way on major streets as defined in the
Street Ordinance (Ordinance No. 608).
7 -B. 2. OFF - PREMISES LOCATIONS: For any new use, building or structure where
the required off - street parking cannot be provided on the premises because of the size
or the location of the lot, or building plot, such parking may be provided on other property
under the same ownership not more than two hundred (200) feet distant from the building
site and provided the proposed parking area is located in a district where parking lots are
permitted.
*r° 7 -B. 3. DEVELOPMENT AND MAINTENANCE OF PARKING AREA: Every parcel of
land hereafter used as a public parking area, including commercial parking lots, auto-
mobile, farm equipment, mobile home, trailer, or other open -air sales lot, shall be
developed and maintained in accordance with the following requirements;
7 -B. 3.1. SURFACING: Except as otherwise provided, all off - street parking areas shall
be all- weather surfaced, shall be installed, graded to drain, and maintained so as to
dispose of surface water accumulated within the area, for all parking areas for more
than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide
for orderly and safe parking of vehicles. Surfaces shall be subject to approval by
the City Engineer.
7 -B. 3.2. LIGHTING: Any lighting used to illuminate an off - street parking area shall
be arranged so as to direct or shield the light away from the adjoining premises in any
residential district.
7 -B.4. REVIEW BY CITY ENGINEER: Plans for off - street parking areas for more
than five (5) vehicles, and the provision for ingress and egress to all off - street parking
areas, shall be reviewed by the City Engineer for compliance with this ordinance and
the Street Ordinance (Ordinance No. 608) prior to the issuance of a building permit, and
the City Engineer shall indicate his approval by notation on the drawing: "Parking Area
and /or access approved" with signature and the date.
0 ZW
Ms?gjL
Ordinance No. 850
Zoning Ordinance
Page 33
7 -C NUMBER OF OFF - STREET PARKING SPACES
REQUIRED: The number of off - street
parking spaces required shall be determined
from the following table of OFF - STREET
PARKING REQUIREMENTS. The classification
of uses referred to shall be deemed to
include and apply to all
uses.
MINIMUM OFF - STREET PARKING REQUIREMENTS
Type of
Spaces
Generator
Unit
per Unit
Plus - For
Apartment
DU
2
Apartment Hotel
DU
1.5
Airport
As determined by the Commission
Boarding House
Seat
1/3
1 per 2 employees
Banks
300 S. F.
1
1 per 2 employees
Bus Depot
As determined by the Commission
%W
Church
Seat
1/5
1 per employee
Convalescent Home
4 Bed
1.5
1 per employee /shift
Duplex Dwelling
DU
2
Dormitory
Person
1
Day Nursery
Employee
1/2
4 for transient traffic
Day Care Center
Employee
1/2
4 for transient traffic
Fraternity House
Person
1
Freight Station
As determined by the Commission
Funeral Parlor
Seat
1/5
1 per employee
Gasoline and
Fuel Service
300 S. F.
1
1 per employee
Hotel
DU
1
1 per employee /shift
Ms?gjL
Ordinance No. 850
Zoning Ordinance
Page 34
MINIMUM OFF - STREET
PARKING REQUIREMENTS
-- Continued
Type of
Spaces
Generator
Unit
per Unit
Plus - For
Hospital
4 beds
3
1 per employee /shift
1 per staff doctor
Home for Aged
4 beds
1.5
1 per 2 employees /shift
Kindergarten
Employee
1/2
4 for transient traffic
Lodging House
Person
1
Lunch Counter
Seat
1/3
1 per 2 employees
Motel
DU
1
1 per employee /shift
Motor Vehicle Sales
& Service
As determined by Commission
Medical, Dental or Vet-
erinarian Clinic
100 S. F.
1
1 per 2 employees
Motion Picture House
Seat
1/3
1 per 2 employees
Night Club
Seat
1/3
1 per 2 employees
Office Building
300 S. F.
1
1 per 2 employees
1 loading space per 10, 000 sq. ft.
Personal Service Shop
300 S. F.
1
1 per 2 employees
Private Club
Seat
1/3
1 per 2 employees
Retail Store
300 S. F.
1
1 per 2 employees /shift
Re stuarant
Seat
1/3
Rooming House
Person
1.5
Rowhouse
DU
2
Sales Display
300 S. F.
1
1 per 2 employees /shift
0292
Ordinance No. 850
Zoning Ordinance
MINIMUM OFF - STREET PARKING REQUIREMENTS -- Continued
Type of
Generator
Single Family Residence DU
Spaces
Unit per Unit Plus -For
1
Page 35
Shopping Center 200 S. F. 1 1 per 2 employees /shift
1 loading space per 10, 000 sq. ft.
Sorority House Person 1
Tourist Home DU 1 1 per 2 employees
Town House
2
DU
Theater Seat 1/5 1 per 2 employees
Truck Terminal As determined by Commission
NOTE: DU - Dwelling Unit; S. F. - Square Feet of floor space.
Generators of traffic not listed above to conform to
nearest classification listed.
SECTION 8. SIGN REGULATIONS
GENERAL: All signs shall conform to the requirements of the Building Code and
this ordinance. For detailed information on the classifications shown in quotation
marks, refer to the Building Code.
8 -A EXISTING SIGNS:
8 -A. 1. All signs in use on the effective date of this ordinance shall carry the "Identifi-
cation of Signs" as required in the Building Code.
8 -A. 2. All signs in use on the effective date of this ordinance, that are in compliance
with the requirements of this ordinance and the Building Code are required to have a
permit as required in the Building Code, within a period of six (6) months.
8 -B_ TEMPORARY SIGNS: A temporary sign pertaining to the lease, rental or sale
of premises or structure located thereon is permitted in all districts when located on
such premises or structure. Such signs shall not be lighted, and shall not exceed
fifteen (15) square feet in area. No permit is required.
02293
Ordinance No. 850
Zoning Ordinance Page 36
w+ 8 -C DEVELOPMENT SIGNS: "Ground Signs" announcing or describing a legally
approved subdivision or land development may be temporarily erected for a period
of not more than six (6) months. Such signs shall not exceed three hundred (300)
square feet in area, and may be indirectly lighted. Signs having flashing or moving
parts, or "Spectacular Signs" are not permitted. Refer to the Building Code for per-
mit requirements.
8 -D SPECIAL DISTRICT SIGN REQUIREMENTS:
8 -D. 1. RESIDENTIAL DISTRICTS: A person having a legal home occupation may
display a nameplate on the face of the building or porch. The nameplate may contain
only the name and the occupation of the resident. It shall be attached directly to,
and parallel to the face of the building or porch. It shall not exceed two (2) square
feet in area, shall not be illuminated in any way, and shall project not more than six
(6) inches beyond the building or porch. No permit is required.
8 -D. 2. RESIDENTIAL DISPLAY: Display of merchandise or examples of work is
classified as a sign, and is not permitted in any residential district, except on ap-
proved non - conforming property where legally permissible. This is also applicable
to residences in P- U -D's.
8 -D. 3. APARTMENT OR TOWNHOUSE -ROWHOUSE DISTRICTS: One (1) "Ground
rr' Sign" or "Wall Sign" or "Marquee Sign" may be erected on the property of an apart-
ment, apartment complex, townhouse or rowhouse complex, visible from a particular
street, if not more than one hundred and fifty (150) square feet in area, to advertise
the name and facilities available. It may be indirectly lighted, but must have no flashing
or moving parts. No "Spectular Signs" may be installed. See Building Code for permit
requirements. This is also applicable to apartments or townhouses in P- U -D's.
8 -D.4. MOBILE HOME PARK DISTRICTS: A "Ground Sign" or "Wall Sign" of not
more than one hundred (100) square feet total area may be erected on the property of the
mobile home park, and may be indirectly lighted; however, it shall have no flashing
lights or moving parts, and no "Spectular Signs" may be installed. See Building Code
for permit requirements. This is also applicable to mobile home parks in P- U -D's.
8 -D. 5. NEIGHBORHOOD BUSINESS DISTRICTS: Signs when attached to buildings shall
advertise only services or products which are offered within the building to which the sign
is attached, and such signs shall not extend above the roof line or such building, or more
than one (1) foot from the face of the building. No flashing or moving signs are permitted
and no "Spectular Signs" are permitted. No detached signs or billboards are permitted.
See Building Code for permit requirements. This is also applicable to neighborhood
businesses in P- U -D's.
8-D.6. OTHER DISTRICTS: No sign shall have flashing lights or moving parts if within fifty
(50) feet of a public street. "Spectular Signs" must be installed with bottom of sign a
minimum of fifteen (15) feet above the ground, and must be at least fifty (50) feet from
02294
Ordinance No. 850
Zoning Ordinance Page 37
a public street. No sign or any part thereof shall be located within ten (10) feet of
any public street or public easement. No more than one (1) detached sign shall be
allowed on any one building plot.
8 -D. 7. BILLBOARDS: No billboards or signs shall be erected advertising products
or services not available on the site, except as provided in Section 8 -C.
8 -D. 8. STREET NUMBER: A street address number, as designated by the Building
Official, is required for all residences and establishments. It must be readable from
the street and may be on the building or in the yard and may include the name of the
occupant. No permit is required.
SECTION 9. ADMINISTRATION AND ENFORCEMENT
9 -A ADMINISTRATION: The City Building Official is designated to administer the
enforcement of this ordinance.
9 -B DUTIES AND LIMITATIONS OF THE BUILDING OFFICIAL:
9 -B. 1. The Building Official shall have the power to grant Building Permits and Certi-
ficates of Occupancy, and to make inspections of buildings and premises to carry out
the duties of the enforcement of this ordinance, subject to the special provisions in
Section 6 -K.
9 -B. 2. Every application for a Building Permit for construction, moving, alteration
or change in the type of use or type of occupancy shall be accompanied by a written
statement and plans, or plots, drawn to scale, showing the following in sufficient detail
to enable the Building Official to ascertain whether the proposed work or use is in com-
pliance with the provisions of this ordinance, the Building Code and other City ordinances.
9 -B. 2.1. The actual shape, location and dimensions of the lot or building plot with
sufficient information to locate the plot on the ground.
9 -B. 2.2. The shape, size and location of all buildings, or other structures, to be
erected, altered or moved and of any other buildings, or other structures, already
on the plot.
9 -B. 2.3. The existing and intended use of the plot and all structures upon it.
9 -B. 2.4. Such information concerning the plot or adjoining lots or other matters as
may be essential for determining whether the provisions of this ordinance and other
ordinances are being observed.
02295
Ordinance No. 850
Zoning Ordinance
Page 38
i
4 4✓ 9 -B. 3. If the proposed construction, moving, alteration, or use of the land as set
forth in the application is in conformity with the provisions of this ordinance, the
Building Official may issue a Building Permit.
9 -B. 3.1. Issuance of a Building Permit shall in no case be construed as waiving any
provision of this ordinance or any other City ordinance.
9 -B. 3.2. The Building Official under no circumstances is permitted to grant an ex-
ception to the actual meaning of any clause, order or regulation contained in this ordinance
to any person making application to construct, move, alter or use either building,
structure or land.
9 -B. 3.3. The Building Official under no circumstances is permitted to make changes
in this ordinance or to vary the terms of this ordinance in carrying out his duties as
Building Official.
9 -B. 3.4. The Building Official shall issue a building permit when the imposed condi-
tions of this ordinance are complied with by the applicant regardless of the effect of
such a permit on contracts, such as deed covenants, deed restrictions, or private
agreements.
9 -B. 3.5. If any application for such a building permit is not approved, the Building
Official shall state in writing the cause for such disapproval.
9 -C BUILDING PERMIT REQUIRED:
9 -C. 1. It shall be unlawful to begin the excavation for the construction, the moving,
alteration or repair, except ordinary repair as defined in the Building Code, until the
Building Official has issued for such work a Building Permit, in accordance with the
requirements of the Building Code and which includes a certification of his determination
that the proposed work conforms to the Zoning Ordinance.
9-�C. 2. USE PERMIT - APPLICATION: The Building Official may receive applications
for a Building Permit which cannot be approved under the general provisions of the
Zoning Ordinance, but could be approved if a Use Permit were approved. In these
cases, the applicant should be referred to the City Planner who will have the necessary
application forms and will advise the applicant in this regard (Refer to Sections 10 and
11).
9 -C. 3. APPROVAL OF CITY ENGINEER: Plans submitted with an application for a
Building Permit shall be reviewed and approved by the City Engineer as required in 7 -B. 4.
9 -D CERTIFICATE OF OCCUPANCY: No building or structure authorized by a Building
Permit shall be occupied and no change in occupancy of a building, part of a building or land
shall be made until after the Building Official shall have issued a Certificate of Occupancy
OZ 74916
Ordinance No. 850
Zoning Ordinance Page 39
therefor. The Certificate of Occupancy shall not only state the information as required
under the Building Code, but shall also state the occupancy authorized is in compliance
with the Zoning Ordinance. Occupancy other than that authorized in the Certificate of
Occupancy shall be unlawful.
9 -E VIOLATIONS:
9 -E. 1. If the Building Official shall find or if any person files with him a complaint
in writing alleging that any of the provisions of this ordinance are being violated, he
shall immediately investigate and when necessary give written notice to the person
responsible to cease such violations forthwith.
9 -E. 2. Written notice may be delivered in person or by certified mail to violator or
to any person in charge of property where violation is occurring.
9 -E. 3. If the violation which is the subject of the notice delivered by the Building
Official is not remedied within a reasonable time to be determined by the said official,
then action shall be brought against the party or parties in violation pursuant to Section
14 of this ordinance.
SECTION 10. USE PERMITS
10 -A PURPOSE: A Use Permit is a document authorizing the existence of a non-
conforming use, a conditional use, or a variance as these terms are herein defined.
The issuance of a Use Permit may be prerequisite to the issuance of a Building Permit
or Certificate of Occupancy but shall not alleviate the requirement for a Building Permit
or Certificate of Occupancy where this requirement would otherwise exist.
A Use Permit is required for all non - conforming uses, all conditional uses,
and for all variances. A Use Permit may have a specified time limitation attached
and may impose conditions other than those which are specifically set forth in this
ordinance.
10 -B APPROVAL - RESPONSIBILITY:
10 -B. 1. The City Planner shall issue Use Permits for all non - conforming uses at the time of
enactment of this ordinance and the City Planner may rescind a Use Permit for a non-
conforming use upon cessation of the use of the building or land as set out in Section 4.
10 -B. 2. The Commission shall have the responsibility for the consideration. of Use
Permits for conditional uses as enumerated in 6 -L after public hearing as defined
herein.
10 -B. 3. The Board of Adjustment may issue Use Permits for variances and may issue
or revoke other Use Permits, all as set out in Section 11.
022 ,37
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Ordinance No. 850
Zoning Ordinance
10 -C PROCEDURE:
Page 40
10 -C. 1. NON - CONFORMING USES: In case of non - conforming uses in any district, at
the time of enactment of this ordinance, it shall be the duty of the City Planner to in-
vestigate and documentAhe existing use, the size and type of structure or land use,
and to issue a Use Permit in accordance with the conditions set out in Section 4. No
application or filing fee is required.
10 -C. 2. CONDITIONAL USE: In cases which may require a Use Permit for a conditional
use (as enumerated in Section 6 -L), the Commission may issue a Use Permit after ap-
plication has been filed (on forms provided by the City Planner) and after a public hearing.
10 -C. 2.1. The application for Use Permit and fee shall be filed with the City Planner.
Such application may be filed at the time of application for Building Permit or may be
filed prior to such application for a Building Permit; however, it must be accompanied
by a plot plan showing the proposed use of the land and buildings and must show the sur-
rounding land use, in such detail as necessary to clarify the claims made in the appli-
cation. The City Planner shall forward such information to the Commission with his
recommendation.
10 -C. 2.2. The City Planner shall give public notice by publication in a local newspaper
at least fifteen (15) days prior to a date set for a public hearing before the Commission
and shall notify all property owners of record within two hundred (200) feet of the property
in question at least ten (10) days prior to the date set for the public hearing by letter.
The City Planner shall also give a report and recommendation to the Commission on the
date of the hearing.
10 -C. 2.3. The Commission, after receipt of report and recommendation -of the City Planner,
may permit a conditional use subject to appropriate conditions and safeguards, when,
after public notice and hearing, the Commission finds:
(a) That the proposed use meets all the minimum standards established in
this ordinance for this type of use;
(b) That the proposed use is in harmony with the purpose and intent of this
ordinance and that the plan for physical development of the district as embodied in the
Comprehensive Plan for Development of the City; and
(c) That the proposed use will not be detrimental to the health, welfare and
safety of the surrounding neighborhood or its occupants, nor be substantially or permanently
injurious to neighboring property.
10 -C. 2.4. The Commission may impose additional reasonable restrictions or conditions
to carry out the spirit and intent of this ordinance and to mitigate adverse effects of the
proposed use. These requirements may include, but are not limited to, increased open
space, loading and parking requirements, suitable landscaping and additional improve-
ments such as curbing and sidewalks.
Ordinance No. 850
Zoning Ordinance
Page 41
10 -C. 2.5. An person or persons, jointly or severally Y p p j y y by a decision of
the Commission may present to the City Council a petition, duly verified, setting forth that
such decision is injust, in whole or in part, specifying the grounds of injustice. Such
petition shall be presented to the City Council within ten (10) days after the final decision
of the Commission, and not thereafter.
10-D VARIANCES: Use Permits for variances may be issued only by the Board of
Adjustment, in accordance with the requirements of Section 11.
10 -E RECORDING: One (1) copy of an approved Use Permit shall be delivered to the
owner of the property, one (1) copy shall be filed in the office of the City Planner, and
one (1) copy shall be filed in the office of the Building Official.
10 -F DEVELOPMENT: Following the issuance of a Use Permit the Building Official
shall ensure that if the development is undertaken it is completed in compliance with
said permit. However, if a Use Permit has not been used within six (6) months after the
date granted, the permit is automatically cancelled which fact shall be noted over the
signature of the Building Official on the file copies of the permit and the owner shall
be so notified in writing.
SECTION 11. BOARD OF ADJUSTMENT
11 -A CREATION OF THE BOARD OF ADJUSTMENT: The City Council shall provide
for the appointment of a Board of Adjustment and the regulations and restrictions adopted
shall be pursuant to the provisions of applicable statutory requirements of the State of
Texas. The Board of Adjustment may, in appropriate cases and subject to appropriate
conditions and safeguards, make special exceptions to the terms of this zoning ordinance
in harmony with its general purpose and intent and in accordance with general and
specific rules herein contained.
11 -B POWERS AND DUTIES: The Board of Adjustment shall have the following powers:
11 -B. 1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, interpretation, or determination made by the Building Official
in the enforcement of this ordinance;
11 -B. 2. To interpret the intent of the Zoning District Map where uncertainty exists
because the physical features on the ground vary from those on the Zoning District
Map and none of the rules set forth in Section 2 apply;
11 -B. 3. To hear and decide request for Use Permits for:
(a) The substitution of one nonconforming use for another nonconforming use.
when the extent of the substituted use is found to be less detrimental to the environment
,r than the first,
02299
Ordinance No. 850
Zoning Ordinance Page 42
(b) The enlargement of a building devoted to a nonconforming use where such
extension is necessary and incidental to the existing use of such building and does not
increase the area of the building devoted to a nonconforming use more than twenty -five
per cent (25 %) and does not prolong the life of the nonconforming use or prevent a re-
turn of such property to a conforming use,
(c) The reconstruction of a nonconforming structure or building on the lot or
tract occupied by such building if the cost of reconstruction is less than sixty per cent (60 %) of
the appraised value of the structure or building and if the reconstruction would not pre-
vent the return of such property to a conforming use or increase the nonconformity of
such nonconforming structure or building;
11 -B. 4. To initiate on its motion, or cause to be presented by interested property
owners, 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 ordinance;
11 -B. 5. To authorize upon appeal variances of the yard, lot width, lot depth, signs,
minimum setback, off - street parking or off - street loading regulations from the terms
of this ordinance as will not be contrary to the public interest, where owing to unique
and special conditions of the land not normally found in like districts a strict enforce-
ment of the provisions of the ordinance by the Building Official would result in unnecessary
hardship, and so that the spirit of this ordinance shall be observed and substantial justice
done.
11 -C ORGANIZATION OF THE BOARD: The Board of Adjustment shall consist of five
(5) members who are residents of the City and qualified voters. Each shall be appointed
for a term of two (2) years, except that two (2) members appointed initially shall have
terms of only one (1) year. After the initial appointments, two (2) members and a chair-
man shall be appointed in even numbered years, and two (2) members shall be appointed
in odd numbered years to maintain a membership of five (5) members.
Members shall be removable for cause by the City Council upon written charges
and after a public hearing. Vacancies shall be filled for the unexpired term of any member
u&ose term becomes vacant. However, the City Council may provide for the appointment
of four (4) alternate members of the Board of Adjustment who shall serve in the absence
of one (1) or more regular members when requested to do so by the Mayor. All cases to
be heard by the Board of Adjustment will always be heard by a minimum number of four
(4) members. These alternate members, when appointed, shall serve for the same period
as the regular members and any vacancies shall be filled in the same manner and shall
be subject to removal as the regular members.
11 -D RULES AND REGULATIONS: The Board shall develop and adopt rules in accordance
with the provisions of this ordinance. Meetings of the Board shall be held at the call of
the Chairman and at such other times as the Board may determine. Such Chairman, or
in his absence the acting Chairman, may administer oaths and compel the attendance of
•. 11
Ordinance No. 850
Zoning Ordinance Page 43
witnesses. All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon each question,
or if absent or failing to 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 Board (the office of the City Secretary) and shall be a public record.
11 -E APPEALS: Appeals to the Board of Adjustment may be taken by any person aggrieved
or by any officier, department, board, commission or committee of the City affected by
any decision of the Building Official. Such appeal shall be made within thirty (30) days
by filing with the Building Official and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The Building Official shall forthwith transmit to the
Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the Building Official certifies to the 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 pro-
ceedings shall not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on application on notice to the officer
from whom the appeal is taken and on due cause shown.
The Board of Adjustment shall hear the appeal within thirty (30) days or such
extension as requested by the applicant, give public notice thereof, as well as due notice
to the parties in interest, and decide the same within a reasonable time. Upon the hearing
any party may appear in person or by agent or by attorney.
11 -F REVISION OF APPEALED DECISIONS: In exercising the above mentioned powers
such Board may, in conformity with the provisions of this ordinance, reverse or affirm
wholly or partly, or may modify the order, requirement, decision or determination ap-
pealed from and may make such order, requirement, decision or determination as ought
to be made, and to that end shall have the power of the Building Official from whom the
appeal is taken.
11 -G VOTES NECESSARY: The concurring vote of four (4) members of the Board shall
be necessary to reverse any order, requirement, decision or determination of the
Building Official, to decide in favor of the applicant on any variation in this ordinance.
11 -H APPEALS FROM THE BOARD OF ADJUSTMENT: Any person or persons or any
taxpayer or any officer, department, board, commission or committee of the City, jointly
or severally, aggrieved by any decision of the Board of Adjustment, may present to a
court of record a petition, verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition shall be presented to
the court within ten (10) days after the filing of the decision in the office of the Board.
�bv
02301
Ordinance No. 850
Zoning Ordinance Page 44
SECTION 12. RESPONSIBILITY OF THE COMMISSION, BUILDING OFFICIAL, BOARD
OF ADJUSTMENT, AND THE CITY COUNCIL
12 -A It shall be the responsibility of the Commission to hear all applications for zone
changes and changes in the zoning ordinance, as prescribed by law and this ordinance,
and to recommend action to the City Council. The Commission has authority to approve
conditional uses under the provisions of Section 6 -L. The Commission has no authority
to approve variances from the requirements of this ordinance. Requests for variances
shall be presented to the Building Official and if within the province of Section 11 -B, the
request shall be sent forward to the Board of Adjustment for hearing.
12 -B The Building Official is charged with the interpretation of and the enforcement of
this ordinance. Appeals from a decision of the Building Official shall be presented to
the Building Official who shall forward such appeal with all pertinent information to the
Board of Adjustment for hearing.
12 -C The Board of Adjustment shall hear and decide all questions on appeal from
decisions of the Building Official and all other questions as provided in Sectinn 11 -B,
Powers and Duties of the Board of Adjustment.
12 -D The City Council has sole responsibility for changes in the Zoning Map and changes
in the zoningt ordinance. The City Council shall not hear complaints of or decide questions
of interpretation or enforcement that are reserved for the Board of Adjustment.
The City Council shall also have the responsibility of appointing the Planning
and Zoning Commission and the Board of Adjustment.
SECTION 13. AMENDMENTS
13 -A AMENDMENT PROCEDURE:
13 -A. 1. STATEMENT OF INTENT: For the purpose of establishing and maintaining sound,
stable and desirable development within the territorial limits of the City, this ordinance
shall not be amended except to correct error in the ordinance or, because of changed or
changing conditions in a particular area or in the City generally, or to rezone and area,
extend the boundary of an existing zoning district or to change the regulations and restrictions
thereof, all in accordance with a comprehensive plan.
13 -A. 2. AMENDMENT LIMITATION: Subject to the limitations of the foregoing Statement
of Intent, an amendment to this ordinance may be initiated by:
(a) City Council on its own motion;
(b) the Planning and Zoning Commission; or
(c) petition.
cm
02302
Ordinance No. 850
Zoning Ordinance Page 45
13 -A. 3. REFERRAL OF AMENDMENT PETITION TO COMMISSION: The Council, upon
receipt to amend the Ordinance, which has been examined and approved as to form by
the City Secretary, shall refer the same to the Commission for study, hearing, and report.
The Council may not enact the proposed amendment until the Commission makes its report
to the Council.
13 -A.4. ACTION BY THE COMMISSION: The Commission shall cause a complete study
to be made by the City Planner and the Zoning Committee, shall give public notice and
hold a public hearing and shall recommend to the Council such action as the Commission
deems, proper.
13 -A. 5. ACTION BY THE COUNCIL: The City Council shall give public notice and hold
a public hearing before taking final action on a petition to amend this ordinance, or on
amendment on its own initiation or initiation by the Commission.
13 -A. 6. PUBLIC HEARING AND NOTICE THEREOF:
13 -A. 6.1. A public hearing shall be held by the Commission before making a report
to the Council, and a public hearing shall be held by the Council before adopting any
amendment to this ordinance. Notice of the public hearing shall be given by publishing
such notice at least once in a newspaper of general circulation in the City of College Station,
stating the time and place of such hearing and the substance of the proposed amendment.
This notice shall appear in said newspaper at least fifteen (15) days prior to the date set
for the public hearing.
13 -A. 6.2. Notice of the proposed zoning change shall also be made by the City Planner
by mailing notification by first -class mail to the person or firm to whom the property is
assessed, and to all persons or firms to whom property within two hundred (200) feet of
the proposed zoning change is assessed on the City tax rolls.
13 -A. 7. EFFECT OR PROTEST TO PROPOSED AMENDMENT: In case a protest against
any proposed amendment to this ordinance be presented in writing to the City Secretary
prior to the public hearing thereon duly signed by the owners of twenty per cent (20 %) or
more, either of the area of lots included in such proposed change, or of the lots or land
immediately adjoining the same and extending two hundred (200) feet therefrom, such
amendments shall not become effective except by the favorable vote of three - fourths 0/4)
of all members of the Council.
13 -B PROCEDURE FOR AMENDMENT PETITION:
13 -B. 1. FILING OF APPLICATION: All petitions for amendments to this ordinance,
shall be in writing, signed, and filed in triplicate with the City Secretary for presentation
to the Council.
02303
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Ordinance No. 850
Zoning Ordinance
Page 46
13 -B. 2. CONTENTS OF PETITION: All petitions for amendments to this ordinance,
without limiting the right to file additional, shall contain at least the following:
13 -B. 2.1. The petitioners name, address, and interest in the petition, as well as the
name, address and interest of every person having a legal or an equitable interest in the
land covered by the petition.
13 -B. 2.2. The nature and effect of the proposed amendment.
13 -B. 2.3. If the proposed amendment would require a change in the Zoning Map, a fully -
dimensioned map showing:
(a) The land which would be affected by the proposed amendment,
(b) A legal description of such land,
(c) The present zoning classification of the land,
(d) The zoning classification of all abuttingZ.oning Districts, and
(e) All public and private rights -of -way and easements bounding and inter-
secting the land under consideration.
13 -B. 2.4. If the proposed amendment would require a change in the Zoning Map, the
names and addresses of the owners of all land within the area to be changed by the pro-
posed amendment.
�k✓ 13 -B. 2.5. The alleged error in this ordinance, which would be corrected by the pro-
posed amendment together with a detailed explanation of such error in the ordinance,
which is alleged, and detailed reasons as to how the proposed amendment will correct
the same.
13 -B. 2.6. The changed or changing conditions, if any, in the area or in the municipality
generally, that make the proposed amendment reasonably necessary.
13 -B. 2.7. Evidence that the petition is in accordance with the comprehensive plan.
13 -B. 2.8. All other circumstances, factors and reasons which applicant offers in
support of the proposed amendment.
13 -B. 3. TIME LIMITATION: If a petition for rezoning is denied by either the Commission
or the City Council, another petition for reclassification of the same property or any portion
thereof shall not be filed within a period of one hundred and eighty (180) days from the date
of final denial, except with the permission of the Commission or upon initiation by the
Commission or City Council.
13 -B. 4. COMPREHENSIVE REVIEW OF ORDINANCE: The Commission shall from time to
time, at intervals of not more than three (3) years, examine the provisions of this ordinance
Ordinance No. 850
Zo ng Ordinance
Page 47
and the location of the Zoning District boundary lines and shall submit a report to the
City Council recommending changes and amendments, if any, which are deemed de-
sirable in the interest of the public health, safety and general welfare.
SECTION 14. PENALTY FOR VIOLATION
Any person who violates or fails to comply with the requirements of this ordinance,
or who builds or alters any building or structure in violation of any plan or statement sub-
mitted and approved hereunder, shall be guilty of a misdemeanor and liable to a fine of
not less than Twenty -Five Dollars ($25.00) nor more than Two Hundred Dollars ($200. 00).
Each day such violation shall be permitted to exist shall constitute a separate offense.
The owner of any building or premises or part thereof, where anything in violation of this
ordinance shall be placed or shall exist, shall be guilty of a separate offense and upon
conviction thereof shall be fined as herein provided.
SECTION 15. PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this ordinance shall be
held to be minimum requirements adopted for the promotion of public health, safety, morals,
and general welfare. Whenever the requirements of this ordinance are at variance with
the requirements of any other lawfully adopted rules, regulations or ordinances, the
requirement that is most restrictive or that imposes higher standards as determined by the
Building Official shall govern.
SECTION 16. REPEAL OF CONFLICTING ORDINANCES OR ORDERS
Ordinance No. 38 and all orders, ordinances or parts of ordinances in conflict
with this ordinance, or inconsistent with the provisions of this ordinance are hereby
repealed to the extent necessary to give this ordinance full force and effect.
SECTION 17. SEVERABIIITY CLAUSE
Should any section or provision of this ordinance be declared by the courts to
be unconstitutional or invalid, such decision shall not affect the validity of the ordinance
as a whole or any part thereof other than the part so declared to be unconstitutional or
invalid.
SECTION 18. EFFECTIVE DATE
This ordinance shall become effective ten (10) days after the date of approval
and publication.
0�Da�
Ordinance No. 850
Zoning Ordinance Page 48
PASSED AND APPROVED this 23rd day of October, 1972.
APPROVED:
3fVW
ayor
ATTEST:
r
City - Secretary
02306