HomeMy WebLinkAbout2024-4557 - Ordinance - 10/24/2024ORDINANCE NO. 2024-4557
AN ORDINANCE AMENDING APPENDIX A, "UNIFIED DEVELOPMENT
ORDINANCE," ARTICLE 3, "DEVELOPMENT REVIEW PROCEDURES," SECTION
3.6.G, "ENLARGEMENT, MODIFICATION, OR STRUCTURAL ALTERATION,"
SECTION 3.6.H.2, "EXPIRATION," SECTION 3.6.H.5, "REVOCATION," ARTICLE 6,
"USE REGULATIONS," SECTION 6.3.C, "USE TABLE," AND ARTICLE 9,
"NONCONFORMITIES," SECTION 9.2.C, "ABANDONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
CERTAIN SECTIONS RELATING TO CONDITIONAL USE PERMITS; BARS,
TAVERN, AND NIGHTCLUB USES IN NORTHGATE ZONING DISTRICTS; AND
NONCONFORMING USES; PROVIDING A SEVERABILITY CLAUSE; DECLARING A
PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
That Appendix A, "Unified Development Ordinance," Article 3, "Development
Review Procedures," Section 3.6.G, "Enlargement, Modification, or Structural
Alteration," Section 3.6.H.2, "Expiration," Section 3.6.H.5, "Revocation," Article
6, "Use Regulations," Section 6.3.C, "Use Table," And Article 9,
"Nonconformities," Section 9.2.C, "Abandonment" of the Code of Ordinances of
the City of College Station, Texas, be amended as set out in Exhibit "A," Exhibit
"B," Exhibit "C," Exhibit "D," and Exhibit "E," attached hereto and made a part
of this Ordinance for all purposes.
PART 2: If any provision of this Ordinance or its application to any person or circumstances
is held invalid or unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or application of this Ordinance or the Code of Ordinances
of the City of College Station, Texas, that can be given effect without the invalid
or unconstitutional provision or application, and to this end the provisions of this
Ordinance are severable.
PART 3: That any person, corporation, organization, government, governmental subdivision
or agency, business trust, estate, trust, partnership, association and any other legal
entity violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a fine of not less
than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00)
or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or
public health and sanitation ordinances, other than the dumping of refuse. Each day
such violation shall continue or be permitted to continue, shall be deemed a separate
offense.
PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its
date of passage by the City Council, as provided by City of College Station Charter
Section 35.
ORDINANCE NO. 2024-4557
Page 2 of 13
PASSED, ADOPTED and APPROVED this 24th day of October, 2024.
ATTEST:
47)A_
APP?'ct7VE)
or
M.
City Secretary M y
APPROVED:
City Attorney
ORDINANCE NO. 2024-4557 Page 3 of 13
Exhibit A
That Appendix A, "Unified Development Ordinance," Article 3, "Development Review
Procedures," Section 3.6.G, "Enlargement, Modification, or Structural Alteration," of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
G. Enlargement, Modification, or Structural Alteration.
1. A building, premise, or use under a conditional use permit may be enlarged, modified, structurally
altered, or otherwise changed without applying for a new conditional use permit provided the
Administrator determines that the changes do not:
a. Increase the height of structures;
b. Increase building square footage from its size at the time the original conditional use permit was
granted by greater than ten (10) percent;
c. Increase the approved occupancy load from the date the original conditional use permit was
granted by greater than ten (10) percent for combined indoor occupancies;
d. Increase the approved occupancy load from the date the original conditional use permit was
granted by greater than ten (10) percent for combined outdoor occupancies;
e. Reduce the distance between a building or noise -generating activity on the property and an
adjacent, off -site residential use. This provision shall not apply should the property and the
residential use be separated by a major thoroughfare depicted on the Comprehensive Plan
Functional Classification & Context Class Map; or
f. Reduce the buffer yard or buffer plantings as indicated on the previously approved site plan.
2. The Administrator may require a new application for a conditional use permit for any reason when an
enlargement, modification, or structural alteration is proposed.
3. All other enlargements, modifications, structural alterations, or changes shall require the approval of a
new conditional use permit.
ORDINANCE NO. 2024-4557 Page 4 of 13
Exhibit B
That Appendix A, "Unified Development Ordinance," Article 3 "Development Review
Procedures," Section 3.6.H.2, "Expiration," of the Code of Ordinances of the City of College
Station, Texas, is hereby amended to read as follows:
2. Expiration.
A conditional use permit shall expire if:
a. A construction permit, if any, for the conditional use has not been issued within one (1) year of the
date of approval of the conditional use permit;
If the conditional use will be for a tenant within a new multi -tenant building that is not yet
constructed or is under construction, the conditional use permit shall expire if a building permit to
finish out the tenant space has not been issued before the building receives its first certificate of
occupancy;
b. The construction permit subsequently expires for the building or the tenant finish out;
c. The conditional use has been discontinued for a period exceeding six (6) months; or
d. A termination date attached to the conditional use permit has passed.
ORDINANCE NO. 2024-4557 Page 5 of 13
Exhibit C
That Appendix A, "Unified Development Ordinance," Article 3 "Development Review
Procedures," Section 3.6.H.5, "Revocation," of the Code of Ordinances of the City of College
Station, Texas, is hereby amended to read as follows:
5. Revocation.
The revocation of a conditional use permit shall follow the following revocation procedure:
a. If the Administrator determines, based on inspection or investigation by the City, that there are
reasonable grounds for revocation of a conditional use permit, a public hearing shall be set
before the Planning and Zoning Commission for a recommendation and a public hearing before
the City Council for the consideration of an ordinance amendment. Circumstances that warrant
revocation of an approved conditional use permit application shall include but not be limited to
the following:
1) There is a conviction of a violation of any of the provisions of state law, this UDO, the
ordinance approving the conditional use, or any ordinance of the City of College Station
that occurs on the property for which the conditional use permit is granted;
2) The property is found to be in violation of state laws or City ordinance resulting in a history
of arrests or criminal activity on the property;
3) The building, premise, or uses under the conditional use permit is enlarged, modified,
structurally altered, or otherwise significantly changed without the approval of a separate
conditional use permit for such enlargement, modification, structural alteration, or change,
unless the Administrator had determined that such enlargement, modification, or structural
alteration did not require a new conditional use permit, as described in the Applicability
Subsection above;
4) Violation of any provision of the site plan encompassing the property for which the
conditional use permit was issued, terms, or conditions of a conditional use permit;
5) The conditional use permit was obtained by fraud or deception; or
6) The use of the property is detrimental to the public health, safety, or general welfare of the
City.
b. The revocation process shall be conducted as for the conditional use permit, including giving
notice to the holder of the conditional use permit and property owners within 200 feet of the
public hearings in the manner provided in the Required Public Notice Subsection of the General
Approval Procedures Section above.
c. The City Council may revoke the conditional use permit, deny the revocation and allow the
conditional use to continue, or deny the revocation and amend the conditional use permit to
attach conditions to assure that the terms, conditions, and requirements of the conditional use
permit be met.
Upon the effective date of the revocation set by the City Council, it shall be unlawful to
undertake or perform any activity that was previously authorized by the conditional use permit.
The property subject to the conditional use permit may be used for any permitted use within the
base zoning district.
ORDINANCE NO. 2024-4557 Page 6 of 13
Exhibit D
That Appendix A, "Unified Development Ordinance," Article 6, "Use Regulations," Section 6.3.C,
"Use Table," of the Code of Ordinances of the City of College Station, Texas, is hereby amended
to read as follows:
C. Use Table.
Except where otherwise specifically provided herein, regulations governing the use of land and structures
with the various zoning districts and classifications of planned developments are hereby established as
shown in the following Use Table.
1. Permitted Uses.
A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other
applicable regulations of this UDO.
2. Permitted Uses Subject to Specific Standards.
A "P*" indicates a use that will be permitted, provided that the use meets the provisions in the Specific
Use Standards Section below. Such uses are also subject to all other applicable regulations of this UDO.
3. Conditional Uses.
A "C" indicates a use that is allowed only where a conditional use permit is approved by the City
Council. The Council may require that the use meet the additional standards enumerated in the
Specific Use Standards Section below. Conditional uses are subject to all other applicable regulations of
this UDO.
USE TABLE
Residential Districts
Non -Residential
!Districts
Retired
Districts
Design
Districts
Specific Uses
a
w
}
UJ
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la
C
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L7
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h
a
*O
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1
x
d
n
i
a
0
V
w,0
0
U
3
y
m
L
m
r
L7
NAP
^
7
rr
x
7
x
iD
rr
a
m
1
^
ri
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-1,a
O
0
a
G
a
3
•
^
L
z
r
N
U
z
r
m
U
z
KEY: P = Permitted by Right; P" = Permitted Subject to Specific Use Standards
C =Conditional Use; *'' = District with Supplemental Standards lreferto Article 5}
""Commercial, Office, and Retail Uses in MH Middle Housing are allowed in Live -Work Units only
RESIDENTIAL
Assisted Living/Residential Ca re
Facility
P
P
P
Boarding and Rooming House
P
P
P
P
P
Courtyard Houses
P'
Dormitory
P
P
P
P
P
P
P
P
Duplex
P
P
P
P
P
Extended Ca re
Facility/Convalescent/Nursing
Home
P
P
P
P
P
P
P
P
Fraternity/Sorority
P
P
P
P
P
P
Manufactured Home
P'
P'
P'
Mixed -Use Structure
P
P
P
P
PP
P
Multi -Family
P
P
P
P
P
C1
P
P
P
Multi -Family built prier to
January 2002
P
P
P
P
P
PP
P
Multi-plex, Medium
P
P
Multi-plex, Small
P
P
Shared Housing
P
P
P
P
P
Single -Family Detached
PP
P
PPPP
P
P
P
P
Single -Unit Dwelling
P
Split -Lot Duplexes
P
P
Townhouse
P
P
P
P
P
P
P
Two -Unit Dwelling
P
Live -Work Unit
P'
P'
P'
PUBLIC, CIVIC AND INSTITUTIONAL
Educational Facility, College and
University
P
Educational Facility, Indoor
Instructio n
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Educational Facility, Outdoor
Instructio n
P
C
C
P
P
P
P
EducationalFacility,Primary
and Secondary
PP
P
PPPP
PP
PP
P
PPPP
PP
PP
P
PP
P
P
P
P
P
P
P
P
P
Educational Facility, Tutoring
P
P
P
PPPP
PP
P
PPP
Educational Facility,
Vocational/Trade
P
P
PP
PP
P
P
Governmental Facilities
P'
P'
P'
P.
P'
P'
P'
P'
P'
P'
P'
P'
P
P
P'
P'
P
P
P
P
P
P'
P'
P'
P
P
P
P
P
P
P
P'
ORDINANCE NO. 2024-4557
Page 9 of 13
Health Ca re, Hospitals
P
P
Health Care, Medical Clinics
P
P
PIP
P
PP
P
P
P
Parks
P
P
P
PP
PP
PP
PP
P
P
PIP
P
P
P
PP
PP
P
PPP
P
PPP
P
P
Places of Worship
P'
P'
P'
P'
P'
P'
P'
P.
P'
P'
P'
P'
P
P
P
P'
P
P
P
P
P
P'
P'
P'
P
P
P
PP
PIP
P
COMMERCIAL, OFFICE AND RETAIL
Agricultural Use, Barn or Stable
for Private Stock
P
P
P
Agricultural Use, Farm or
Pasturage
P
P
P
Agricultural Use, Farm Product
Processing
P
Animal Care Facility,Indoor
P
P
PPP
P
PP
P
P
P
P
Anim al Care Facility, Outdoor
P'
P
Art Studio/Gallery
P
P
P
P
P
P
P
P
P
P
P
P
P
CarWash
P'
Commercial
Ga rden/G ree n ho usefLan dscape
tilial&
P'
P.
P'
P.
P'
P
CommercialAmusements
P
P
P
C
C
P'
P'
C
P
P
P
Conference/Convention Center
P
P
P
P
P
P
P
P
Country Ciuh
P
P
P
PP
P
P
P
P
P
Day Care, Commercial
P
PP
C
P
PIP
P
P
C
C
P
P
P
P
ORDINANCE NO. 2024-4557
Page 10 of 13
Drive-infthru window
P -
P
C
P'
Dry Cleaners and Laundry
P
P
P'
P'
P
P'
P
P
P
P'
P'
P'
P'
Fraternal Lodge
P
P
P
P
P
P
Fuel Sales
P'
P'
P'
P
Funeral Homes
P
P
P
P
Golf Course or Driving Range
P'
P'
P'
P -
Health Club/Sports Facility,
Indoor
P
P
P
PPPP
P
P
PP
P
Health Club/Sports Facility,
Outdoor
P
P'
P
P
P
P
P'
P
Hotels
C2
P
P
P
P
P
P
P
P
Mobile Food Court
C.
C'
C.
C4
C4
Ci
C^
Hight Club, Bar orTavern
C
C
C
C
C
C
C
Offices
P
P
P
P
PP
P
P
P
PP
PPP
PP
PPP
Parking as a Primary Use
P
P
C
P
P
P
P'
Personal Service Shop
P
P
P
P
PP
P
P
P
P
PP
P
Printing/CopyShop
P
P
P
PP
P
P
P
PP
P
P
P
P
Radio/TV Station/Studios
P
P
P
P
P
P
PP
P
P
P
P'
Recreational Vehicle [RV) Park
C.
Cs
Restaurants
P
P
P
P••
P'
P
P
P
P
P
P-
Retail Sales - Single Tenant over
50,00C SF
P
P
P
ORDINANCE NO. 2024-4557
Page 11 of 13
Retail Sales and Service
P
P
P
P
P'
P'
P'
P'
P
P
P
P
P
Retail Sales and Service -
Ake hol
C
P
P'
P`
P
C
P
P
Sexually Oriented Business
(SOBI
P`
P'
P"
P`
P`
P'
P"
P'
P'
P'
P'
P`
P"
P'
P`
P'
P`
P'
P'
P"
P'
P'
P`
P`
P`
P'
P'
P'
P'
Shooting Range, Indoor
P
P
P
P
P
Theater
P
P
P
P
P
P
P
P
RetailSales,Manufactu red
Homes
P
P'
Storage, Self Service
P'
P'
P
P
P
P
P
VehicularSales, Rental,Repair
and Serwice
P'
P'
P
P'
INholesa lesfServices
P'
P'
P
P
P
P
INDUSTRIAL AND MANUFACTURING
B ulkStarage Tanks/Cold
Storage Plant
P
P
P
Micro -industrial
P'
P'
P
P'
P'
Industrial, Light
P
P
P
P
P
P
Industrial, H eavy
P
P
Recycling Facility - Large
P'
P
P
Salvage Yard
P'
P'
Scientific Testing/Research
Laboratory
P
P
P
P
P
ORDINANCE NO. 2024-4557
Page 12 of 13
Storager Outdoor - Equipment
or Materials
P
P'
P
P
P
Truck Stop/Freight or Trucking
Term inal
P
P
Utility
P
P'
P'
P'
P
P'
P'
P.
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
P'
Warehousing/Distribution
P
C
P
P
P
Waste Services
P
P
Wireless Telecommunicatiop
P.
P
P
P'
P'
P'
P
P'
P'
P'
P'
P'
P'
P'
P'
P'
Facilities - Intermediate
Wireless Telecommunication
C
P'
C
C
CCP
C
C
C
P'
C
Facilities -Major
Wireless Telecommunication
P
P
P
PP
PP
PP
PP
P
P
PP
P
P
P
PP
P
P
P
PP
P
P
P
P
P
P
Facilities -Unregulated
Notes:
(a) Multi -family residential uses located in stories or floors above retail commercial uses are permitted by right.
(b) Hotels are only allowed when accessory to a country club development and are limited to a maximum of fifteen (15) rooms.
(c) Permitted in live -work units only.
(d) Permitted only when there is also a HOO High Occupancy Overlay.
Exhibit E
That Appendix A, "Unified Development Ordinance," Article 9, "Nonconformities," Section
9.2.C, "Abandonment" of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read as follows:
C. Abandonment.
Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a
nonconforming use has been discontinued or abandoned for more than six (6) months, an intent to abandon
said use shall have been established and the right to continue the former nonconforming use shall no longer
exist. Subsequent operation as a nonconforming use shall be unlawful.