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HomeMy WebLinkAboutZoning Ordinance No. 1638CITY OF COLLEGE STATION ZONING ORDINANCE Ordinance No. 1638 As adopted by City Council March 13, 1986 Revised thru February 2000 TABLE OF CONTENTS Section 1. Establishment of Districts .................................................................................. ............................... 1-2 Section 2. Definitions ......................................................................................................... ............................... 2-1 Section 3. Rules for Interpretation of District Boundaries ................................................. ............................... 3- 1 Section 4. Application of District Regulations .................................... ............................... SectionS. Newly Annexed Territory .................................................................................. ............................... 5-1 Section 6. Non - Conforming Uses ....................................................................................... ............................... 6-1 Section 7. Schedule of District Regulations ....................................................................... ............................... 7-1 District A -O: Agricultural - Open ..................................................................... ............................... 7-1 District A -OR: Rural Residential Subdivision .................................................. ............................... 7-2 District A -OX: Existing Rural Residential ....................................................... ............................... 7-3 District R -1: Single Family Residential ............................................................ ............................... 7-4 District R -IA: Single Family Residential .......................................................... ..............................7-5 District R -1B: Single Family Residential .......................................................... ..............................7-6 District R -2: Duplex Residential ....................................................................... ............................... 7-7 District R -3: Townhouse ................................................................................... ............................... 7-8 District R -4: Apartment/Low Density .............................................................. ............................... 7-9 District R -5: Apartment/Medium Density ...................................................... ............................... 7-10 District R -6: Apartment/High Density ............................................................ ............................... 7-11 District R -7: Manufactured Home Park .......................................................... ............................... 7-12 District C -N: Neighborhood Business ............................................................ ............................... 7-14 District C -NG: Commercial Northgate ........................................................... ............................... 7-15 District A -P: Administrative - Professional .................................................... ............................... 7-16 District C -1: General Commercial .................................................................. ............................... 7-17 District C -2: Commercial - Industrial ............................................................. ............................... 7-19 District C -3: Planned Commercial .................................................................. ............................... 7-20 District M -1: Planned Industrial ..................................................................... ............................... 7-21 District M -2: Heavy Industrial ........................................................................ ............................... 7-22 District C -U: College and University ............................................................. ............................... 7-24 District P.U.D.: Planned Unit Development ................................................... ............................... 7-25 Land Use Intensity Ratio Table ....................................................................... ............................... 7-26 District C- P.U.D.: Commercial - Planned Unit Development .......................... ..............................7-28 Shared Parking Reduction Factors - Table 7.1 ................................................ ............................... 7-29 District WPC: Wolf Pen Creek Development Corridor .................................. ............................... 7-30 District C -B: Business Commercial ................................................................ ............................... 7-37 Zoning Ordinance Table of Contents - 1 District R &D: Research & Development and Light Industry .......................... ............................... 7-38 District NG: Northgate ................................................................................... ............................... 7-42 District PDD - Planned Development .............................................................. ............................... 7-48 District Use Schedule - Table A ...................................................................... ............................... 7-52 Section 8. Supplementary District Regulations .................................................................. ............................... 8-1 Recycling Facilities ............................................................................................ ............................... 8-5 District OV Corridor Overlay District .............................................................. ............................... 8-7 Neighborhood Preservation Overlay ................................................................. ............................... 8 -14 Section 9. Minimum Parking Requirements .......................................................................... ..............................9-1 Graphics - Curb and Pavement Design Standards ............................................... ..............................9-5 Table - Minimum Off - Street Parking Requirements .......................................... ..............................9-11 Graphics - Parking Lot Examples ....................................................................... ..............................9-13 Section 10. Site Plan Review Requirements ........................................................................... .............................10-1 Effective Date ................................................................................................... ............................... Special Rules for C -N Districts ........................................................................... .............................10-5 Section 23. Section11. Landscaping ......................................................................................................... .............................11 - 1 Section12. Sign Regulations .................................................................................................. .............................12-1 Definitions ........................................................................................................... .............................12-2 Table I - Areas/Heights Freestanding Signs ...................................................... .............................12-12 Table II - Summary of Sign Regulations ........................................................... .............................12-13 Zoning Ordinance Table of Contents - 2 SignGraphic Examples ..................................................................................... .............................12-14 Section 13. Duties and Limitations of Zoning Official ........................................................... .............................13-1 Section14. Conditional Use Permits ...................................................................................... .............................14-1 Section 15. Special Exceptions, Variances, Appeals and the Board of Adjustment ............... .............................15-1 Section 16. Responsibilities of the Commission, Zoning Official, Board of Adjustmentand the City Council ......................................................................... .............................16-1 Section 17. Amendment Procedures ....................................................................................... .............................17-1 Section18. Penalty for Violation ............................................................................................ .............................18-1 Section 19. Provisions of Ordinance Declared to be Minimum Requirements ...................... .............................19-1 Section 20. Repeal of Conflicting Ordinances or Orders ....................................................... .............................20-1 Section21. Severability Clause .............................................................................................. .............................21 - 1 Section22. Effective Date ................................................................................................... ............................... 22-1 Section 23. Moratorium on Certain Applications ....................................................................... ...........................23 -1 APPENDIX Zoning Ordinance Table of Contents - 2 ORDINANCE NO. 1638 AN ORDINANCE AMENDING AND SUPERSEDING ORDINANCE NO. 850, AND ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A REVISION AND UPDATING OF THE ZONING REGULATIONS AND THE ZONING MAP OF THE CITY OF COLLEGE STATION, TEXAS, ALL IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE DEVELOPMENT OF THE CITY, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLES 101la j, V.A.C.S.; TO PROVIDE FOR A BOARD OF ADJUSTMENT AND DEFINING 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. WHEREAS, a duly appointed Planning and Zoning Commission has conducted extensive studies, surveys, and conferences to codify and bring up to date the Zoning Ordinance enacted in 1972, 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, to protect historic structures; 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 Zoning Ordinance; and WHEREAS, Article 1011g, V.A.C.S. empowers the Zoning Board of Adjustment to consider variances and special exceptions to the Zoning Ordinance, and appeals of decisions of the Zoning Official; 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, 101le, and 1011g, 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 COLLEGE STATION, TEXAS: PREFACE This ordinance is and shall hereby be codified as Chapter 12 of the College Station Code of Ordinances and shall be referred to as the Zoning Ordinance. This ordinance replaces and supersedes entirely Ordinance 850 and subsequent amendments, providing that same shall continue to apply as to the enforcement of violations which occurred thereunder and violations otherwise not subject to the enforcement of the provisions of this ordinance. All violations of the provisions of this ordinance occurring after its effective date shall be prosecuted or subject to enforcement hereunder, irrespective of whether or not such conduct would have been in violation of any prior ordinances. All ordinances pertaining to the classification for use of particular pieces of property shall be unaffected hereby, and such ordinances are hereby confirmed. Zoning Ordinance Page 1 - 1 SECTION 1. ESTABLISHMENT OF DISTRICTS, PROVISIONS FOR AN OFFICIAL ZONING MAP 1.1 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- 0 ............. Agriculture -Open Space. District A- OR........... Rural Residential Subdivision District A -OX .......... Existing Rural Residential (As amended by Ordinance No. 2183 dated June 13, 1996) District R -1 ............. Single Family Residential. District R -IA ........... Single Family Residential. District R- 1B............ Single Family Residential. (As amended by Ordinance No. 2356 dated October 22, 1998) District R -2 ............. Duplex Residential. District R -3 ............. Townhouse - Rowhouse. District R -4 ............. Apartment/Low Density District R -5 ............. Apartment/Medium Density District R -6 ............. Apartment/High Density District R -7 ............. Mobile Home Park District C- N ............. Neighborhood Business District C- NG........... Commercial Northgate District A -P ............. Administrative /Professional District C -1 ............. General Commercial District C -2 ............. Commercial /Industrial District C -3 ............. Planned Commercial District M- 1 ............. Planned Industrial District M- 2 ............. Heavy Industrial District C- U ............. College and University District P.U.D.......... Planned Unit Development District C- P.U.D....... Commercial Planned Unit Development District WPC ..................... Wolf Pen Creek Development Corridor (As amended by Ordinance No. 1819 dated September 14, 1989) District C -B ............. Business Commercial District R & D.......... Research and Development and Light Industry District NG .............. Northgate Subdistrict NG -1 ..... Historic Northgate Subdistrict NG -2 ..... Commercial Northgate Subdistrict NG -3 ..... Residential Northgate (As amended by Ordinance No. 2183 dated June 13, 1996) District PDD ............ Planned Development District (As amended by Ordinance No. 2297 dated January 7, 1998) District OV .............. Corridor Overlay District Zoning Ordinance Page 1 - 2 1.2 OFFICIAL ZONING MAP A. 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: B. "This is to certif that this is the Official Zonin Map referred to in Section 1 of Ordinance No. 85D of the City of College Station, �exas, dated October, 1972." If, in accordance with the provisions of this ordinance and Section 211.006 of the Texas Local Government Code, as amended, changes are made in the district boundaries or other matter portrayed 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 and signed by the Mayor. (As amended by Ordinance No. 1797 dated January 26, 1989) C. Approved zoning changes shall be entered on the Official Zoning Map by the City PIanner 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. No change of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with 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 18. D. 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 Division, shall be the final autliority 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. 1.3 REPLACEMENT OF OFFICIAL ZONING MAP A. 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 supersede the prior Official Zoning Map. The new Official Zoning lap 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 b the signature of the Mayor, attested by the City Secretary, and bearing the Seal ofhe City and date under the following words: B. "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 850 o the ity of College Station, Texas." C. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or an significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. Zoning Ordinance Page 1 - 3 SECTION 2. DEFINITIONS For the purpose of this ordinance, certain words as used herein are defined as follows: ACCESSORY USE OR STRUCTURE, OR BUILDING: A building, structure, or use which: A. is subordinate to and serves a primary use or principal structure; B. is subordinate in area, extent, or purpose to the primary use served; C. contributes to the comfort, convenience, or necessity of occupants of the primary use served; D. is located within the same zoning district as the primary use; and E. in residential districts is not used for commercial purposes other than legitimate home occupations, and is not rented to other than bona fide servants employed on the premises and members of the family of the occupant(s) of the principal structure Examples of accessory buildings, structures, or uses include, but are not limited to, private garages, greenhouses, living quarters for family or servants, tool sheds, radio or television antennae or bathhouses. Persons are related within the meaning of this section if they are related within the second degree of consanguinity or affinity. ANIMAL CARE FACILITIES: A place where animals are boarded and /or bred, including, but not limited to stables and kennels. (As amended by Ordinance No. 2356 dated October 22, 1998) ANTENNA: Any system of poles panels, rods, reflecting discs, or similar devices used for the transmission or reception of radio frequency signals. Omni - directional antenna ("whip" antenna) - transmits and receives radio frequency signals in a 360 degree radial pattern. Directional antenna ("panel" antenna) - transmits and receives radio frequency signals in a specs is irectional pattern of less than 360 degrees. Parab olic antenna ("dish" antenna) - is a bowl - shaped device for the reception and /or transmission of radio frequenc signals in a specific directional pattern. (As amended by Ordinance No. 2288 dated December 11, 1997) ANTIQUE SHOP: A business which sells items whose value is greater than original purchase price because of age or intrinsic value. APARTMENT: An "apartment" is a room or group of rooms used as a dwelling for one (1) family unit, with facili pes for preparing food therein. 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 each equipped for preparation of food. APARTMENT HOTEL: A building sed or intended to be used as a home of twelve (12 )or more families, who are permanent residents, living independent) of each other, in which building shall be located on the first floor living units for transient guests, and /or retail sales and services. APPLICANT: An individual seeking an action, a permit, or other approval under the provisions of this ordinance. Zoning Ordinance Page 2 - I ART STUDIO OR GALLERY: Where objects of art are created or displayed for the ublic enrichment or where said objects of art are displayed for sale (including the teaching o both painting and sculpturing) as the primary use of the structure. ATTACHED WIRELESS TELECOMMUNICATION FACILITY: A wireless telecommunication facility that is affixed on an existing structure that is not primarily used for the support or attachment of a wireless telecommunication facility and is not a normal component of such a facility. (As amended by Ordinance No. 2288 dated December 11, 1997) ATTENDANT BUILDING: A building used to house the manager or attendant of a public or private parking lot. AUTOMOBILE REPAIR SHOP: Any premises or structures when used for the servicing and /or repair of motor vehicles,, including paint and body work, engine rebuilding and minor maintenance activities, irrespective of commercial gain derived therefrom. Excepted from this definition are residential premises where not more than two (2) motor vehicles belonging to the lawful residents thereof are involved in such activities at any one time, and not in operating condition, or where not more than one (1) motor vehicle, whether or not in operating condition and not belongin to the lawful residents thereof is involved in such activities for a period of more than one (1 week, and only one (1) motor vehicle may be serviced and /or repaired each month. BARRICADE AREA FOR EXISTING TREES: An area protected throughout construction and extending in a radius of 1 foot per caliper inch of tree diameter from every protected tree that prevents intrusion by construction equipment, vehicles and people buf allows only hand clearing of underbrush. (As amended by Ordinance No. 2317 dated March 12, 1998) BED & BREAKFAST INN: A residential structure where two (2) or fewer rooms are rented to transient paying guests on an overnight basis with no more than one meal served daily, where no cooking facilities are provided in the rooms and where the total number of permanent and transient occupants does not exceed four (4) at any one time. BOARD OF ADJUSTMENT: The Zoning Board of Adjustment of the City of College Station (See Section 15). 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. BUILDING COVERAGE AREA: The "building coverage area" of the lot is the gross area covered by the structure when placed on the lot. BUILDING OFFICIAL: The designated "Building Official" of the City of College Station, or his designated representative. BUILDING PLOT OR PREMISES: All of the land within a project, whether one or more lots, developed according to a common plan or design for similar or compatible uses, which singularly or in phases is treated as such for site plan review purposes. The determination of the boundaries of a building lot shall be made as the first step in the site plan or project review, unless such determination has previously been made at the time of plat approval. For development not subject to site plan review, the building plot or premises shall be the exterior boundary of any included lots, in the event that the structure is built upon more than one lot. CANOPY TREE: Any self - supporting woody plant with one well - defined trunk and a distinct and definite formed crown which attains a height of at least thirty (30) feet. (As amended by Ordinance No. 2317 dated March 12, 1998) CARPORT: A structure which has enclosing walls for less than 50% of its perimeter covered with a roof and constructed specifically for the storage of one (1) or more motor vehicles. Zoning Ordinance Page 2 - 2 COUNTRY CLUB: A building or facility, adjacent to and associated with a golf course, operated for social, educational, or recreational purposes. The primary sport shall be golf. Secondary sports uses may include swimming, tennis, racquet s orts, equestrian activities and similar sportm events. Other secondary uses may include: the on-premise sale and consumption oriifood and drink including lcoholic beverages; health club activities; the sale of sports equipment, restaurant, and pro shop. Additional uses include offering accommodations on a dairy rate for transient uests; retail sales and maintenance facilities. (As amended by Ordinance K. 1851 dated May 24, 1990) DENSITY: The number of dwelling units per net acre as established in Section 7, Table A. DIRECT -TO -HOME SERVICES: The distribution or broadcasting or programming or services by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment, except at the subscribers premises or in the uplink process to the satellite examples are direct broadcast satellites (DBS), multichannel multipoint distribution (MMDS), and television broadcast stations (TVBS). (As amended by Ordinance No. 2288 dated December 11, 1997) DORMITORY: Any structure specifically designed for the exclusive purpose of housing students of a university, collegge or school, excepting resident staff. (As amended by Ordinance No. 1859 dated September 13, 1990) DOUBLE PARKING ROW: Two parallel rows of spaces for the parking of motor vehicles arranged so that when parked, the front end of each motor vehicle faces the front end of another motor vehicle as illustrated in Section 9. DWELLING: A "dwelling" is any building or portion thereof which is designed or used exclusively for residential purposes. END UNIT: That building or a group of contiguous buildings which lies adjacent to a side property line for which no point contract of development or party wall agreement exists. ENHANCED PAVING: Earth toned (not gray) decorative pavers, stamped concrete, or dyed concrete. (As amended by Ordinance No. 2317 dated March 12, 1998) EXISTING TREE: Any self supporting woody plant, with one or more well - defined trunks two inches (2 ") in diameter or greater at one foot above the ground. (As amended 6y Ordinance No. 2317datedMarch 12, 1998) EXTERIOR SIDE YARD: A yard which faces and is parallel to a side street. FAMILY: A "family" is any number of related persons or not more than four (4) persons any one of whom is unrelated to another, living as a single housekeeping unit. Persons are re)ated within the meaning of this definition if they are related by consanguinity, affinity or legal guardianship. FILLING, RETAIL SERVICE STATION: An establishment where motor vehicle fuels and supplies are regularly available and sold as the rimary use, and where vehicle repair and servicing may occur, provided that enclosed area Tor such service and repairs shall be limited to space for three (3) standard sized automobiles or light trucks. FRATERNITY OR SORORITY: An organization of university students formed chiefly to promote friendship and welfare among the members. FRATERNITY OR SORORITY HOUSE: A structure used by a fraternity or sorority for the purpose of providing a room or group of rooms used for sleeping purposes for some or all of its members, which may include space for holding organization related meetings, gatherings or social functions and may include common dining }acirities for the members. Zoning Ordinance Page 2 - 4 FRATERNITY OR SORORITY MEETING PLACE: An enclosed space, room or structure used by a fraternity or sorority for the purpose of holding organization related meetings, gatherings or social functions. GARAGE, COMMERCIAL: Any premises or structure with enclosed work area for servicing and repair of four (4) or more standard size automobiles or light (standard size) trucks, or for one (1) or more vehicles of larger size, or where any number of vehicles are kept for remuneration, hire or sale, and where motor vehicle fuels and supplies may be sold as a secondary use. GROUNDCOVER: A spreadingg plant including sods and grasses less than 18 inches in height. (As amended by Ordinance No. 2317 dated March 12, 1998) GROUP HOUSING: A building under joint occupancy that provides ggroup . sleeping accommodations for more than 4 persons per household, where each unit may be equipped for food preparation and where some common facilities (i.e.. living areas, bathrooms, dining areas) serve all units within that building. (As amended by Ordinance No. 1854 dated July 26, 1990) HOME OCCUPATIONS: A home occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling, and is subject to the following: A. No home occupation shall be permitted that does any of the following: 1. Changes the outside appearance of the dwelling; 2. Is visible from the street; 3. Generates traffic, parking sewerage, or water use in excess of what is normal in the residential neighborhood; 4. Results in the off - street or on- street parking of more than two (2) vehicles at any one time not owned by members of the occupant family; 5. Creates a hazard to persons or property; 6. Results in electrical interference; 7. Is a nuisance; 8. Results in the outside storage or display of anything; or, 9. Includes employment within the home or on the premise of persons other than members of the occupant family. B. Examples of permitted home occupations include, but are not limited to: 1. Dress making, sewing, and tailoring; 2. Painting, sculpturing, or writing; 3. Telephone answering; 4. Home crafts such as model making, rug weaving, lapidary work etc. 5. Tutoring, limited to three (3) students at a time; 6. Computer programming; 7. Office, professional or service; 8. Bed & Breakfast Inn. C. The following are prohibited as home occupations: 1. Barber beauty, and other personal service shops; 2. Animal hospitals, stables, or kennels; 3. Dance studios, schools; 4. Mortuaries 5. Private clubs; 6. Repair shops; 7. Restaurants; 8. Automobile paint or repair shops; 9. Doctor, dentist veterinarian or other medically related office; 10. Rooming /Boarding House. Zoning Ordinance Page 2 - 5 HOMEOWNERS' 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. HOSPITAL, SANITARIUM, OR NURSING HOME: A building or portion thereof, used or designed for the housing or treatment of the sick, aged, mentally . ill, in lured or infirm persons; provided that this definition shall not include rooms in any residential dw hotel, apartment hotel not ordinarily intended to be occupied by said persons. 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, dru store, clothes pressing shop, barber shop or other service facilities for the guests for compensation. HUD -CODE MANUFACTURED HOME: A structure constructed after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heati air-conditioning and electrical systems. M amended by Ortl'inance No. 2211 dated September 26, 1996) 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 or development activities for children below the first grade level. LOT: As used herein, a "lot" is the physical and undivided tract or parcel of land as shown on a duly recorded plat. MANUFACTURED HOME LOT: A parcel of land in a manufactured home park for the placement of a single mobile or manufactured home and the exclusive use of its occupants. (As amended by Ordinance No. 2257 dated August 12, 1997) MANUFACTURED HOME PARK: A parcel of land under single ownership which has been t lanned and improved for the placement of mobile or HUD -code manufactured homes for non ransient use. (As amended by Ordinance No. 2257 dated August 12, 1997) MOBILE HOME: A structure constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent oundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems. 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. MULTIPLE BUILDING COMPLEX: More than one (1) principal building on a building plot Zoning Ordinance Page 2 - 6 NIGHT CLUB: A commercial establishment including, but not limited to bars, coffee houses or similar establishments where a dance floor, music games or other entertainment is provided and where the serving of food is not the pnncipa� business. Specifically included in this classification are establishments that derive 75% or more of their gross revenue from the on- premise sale of alcoholic beverages. Sexually oriented commercial enterprises as defined in the City of College Station Code of Ordinances, Chapter 4 Section 17 are not included in this definition. " (As amended by Ordinance No. 2204 dated August 29, 1996) NON - CANOPY TREE: Any self-supporting woody plant with one or more trunks which attains a height of at least fifteen (15) feet. (As amended by Ordinance No. 2317 dated March 12, 1998) ONE OWNERSHIP: Property which although belonging to one or more owners, has not been partitioned or subdivided so as to be owned separately by more than one person, whether or not related or participating in a joint enterprise. PARKING - INTERIOR: Parking rows which are not located on the periphery of the proposed protect site and further, where none of the parking spaces abut any property line associated with the proposed project site. PARKING - PERIPHERAL: Parking rows which abut the periphery or property lines associated with the proposed project site. PARKING SPACE: A space used for the parking of a motor vehicle not on the paved or regularly traveled ortion of a public street or within private access easements and which meets the requirements oT this ordinance as to size, location, and configuration. PASTURAGE: Land used primarily for the grazing of animal stock. PERMITTED USE: A use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit. PERSON: Every natural person, firm, partnership, joint venture, association corporation, or other group which conducts activities regulated hereunder as a single entity, whether same be a legal entity or not, venture, or trust. PERSONAL SERVICE SHOP: An establishment which provides services related to grooming, appearance care, or repair of personal apparel; and which may sell products used or recommended for those same purposes incidental to the services provided. PHARMACY: A store where drugs are prepared and /or dispensed. PLANNED UNIT: A land area which has individual building sites and common property, designed to be capable of satisfactory use and operation without the involvement of other pro pert and which has been approved as a planned unit development under sections 7.19 or 7.28 oVtMs ordinance. PLANNED UNIT DEVELOPMENT: A single planned unit as initially designed; or such a unit as expanded by annexation of additional rand area; or a group of contiguous planned units, as separate entities or merged into a single consolidated entity. 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, and anything else in accordance with Sections 10 and 11. PROJECT PLAN: Drawings and related information illustrating a proposed project for which a use permit, site plan permit, or parking area/landscape approval is sought. Zoning Ordinance Page 2 - 7 PROJECT REVIEW COMMITTEE (PRC): A committee composed of three alternating members of the Planning and Zoning Commission, pursuant to this ordinance. This body acts on appeals of specific decisions made by the site plan review Staff unless relief is otherwise provided in development related ordinances. (As amended by Ordinance No. 2356 dated October 22, 1998) RELATED: Persons are related when they are within the first or second degree of consanguinity or affinity. Persons are not related by affinity unless lawfully married, and any asserted common law marriage must be subject to an affidavit of record under the family code, or a judicial determination. REPAIR SHOPS: A shop exclusively for the repair of household goods and home equipment, within a building with no outdoor storage of items or equipment, and where no noise, Gust, or vibration is discernible beyond the property line. RESTAURANT: An establishment that serves food and beverages primarily to persons seated within the building his includes but is not limited to cafes tea rooms and outdoor cafes. (As amended by Ordinance No. 2029 dated August 26, 1993) RESTAURANTS - FAST FOOD: An establishment that offers quick food which is accomplished through a limited menu of items already prepared and held for service, or prepared quickly. Orders are not generally taken at a customers table and food is generally served in disposable wrapping or containers. (As amended by Ordinance No. 2029 dated August 26, 1993) 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). ROOMING /BOARDING HOUSE: A group of rooms provided for persons other than members of the occupant family (see definition of family) for compensation either in a converted single familyy home or in a structure specifically designed for such purpose where there are no cooking } acilities provided in individual living units and where meals may be provided daily. SATELLITE DISH ANTENNA: A broadcast receiver that receives signals directly from a satellite rather than another broadcast system, and amplifies the signal at a focal point in front of the receiving component. SERVICE PROVIDER: Any company, corporation, alliance, individual or other legal entity that provides a wireless telecommunication service directly to the public for a fee or to such classes of users as to be effectively available directly to the public regardless of the facilities used; services include, but are not limited to portable phones, car phones, pagers, digital data transmission, or radio or television communications. (As amended by Ordinance No. 2288 dated December 11, 1997) SETBACK LINE: A line which marks the distance a structure must be from the property line, and establishes the minimum required front, side or rear yard space of a building plot. SHOPPING CENTER: A building plot developed or ultimately to be developed with three (3) or more stores, shops, or commercial enterprises, and which has shared parking facilities or access. SHRUB: A woody perennial plant differing from a perennial herb by its more woody stem and from a tree by its low stature and habit of branching from the base. (As amended by Ordinance No. 2317 dated March 12, 1998) SINGLE PARKING ROW: A single row of spaces for the parking of motor vehicles as illustrated in Section 9. Zoning Ordinance Page 2 - 8 SITE PLAN: SEE PLOT PLAN STEALTH TECHNOLOGY or FACILITY: Design technology that blends the wireless telecommunications facility nto the surrounding environment; examples of stealth facilities include but are not limited to architecturally screened roof - mounted antennas, building - mounted antennas painted and /or textured to match the existing structure, antennas integrated into architectural elements such as church spires or window wall, and antenna structures designed to resemble light poles or flag poles. (As amended by Ordinance No. 2288 dated December 11, 1997) STORAGE GARAGE: A "storage garage" is any premises and structure used exclusively for the storage of more than five (5) automobiles. STRUCTURE: Anything constructed, built or erected. STRUCTURE, PRINCIPAL: The principal structure which fulfills the purpose for which the building plot is intended. TOWNHOUSE: 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 and thereby distinguished from condominium units. TRANSMISSION TOWER: A wireless telecommunications support structure designed primarily of the support and attachment of a wireless telecommunications facility. Transmission towers include: M tower - A self - supporting structure composed of a single spire used to support telecommunications antenna and /or related equipment. Lattice tower - A self - supporting three or four sided, open, steel frame structure used to support telecommunications antenna and /or related equipment. Guyed tower - An open, steel frame structure that requires wires and anchor bolts for support. (As amended by Ordinance No. 2288 dated December 11, 1997) USE: The actual use(s) of a parcel of ground, whether conducted within or without structures buildings, or improvements. An unoccupied and unused structure is not a use, irrespective of its design, purpose, or utility. VARIANCE: A legal modification of the district provisions as provided for in Section 15 VETERINARY HOSPITAL: A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. (As amended by Ordinance No. 2356 dated - October 22, 1998) WIRELESS TELECOMMUNICATION FACILITY (WTF): An unstaffed facility operating for the transmission and reception of low -power radio signals consisting of an equipment shelter or cabinet a support structure, antennas and related equipment. (ws amended by Ordinance No. 2288 dated December 11, 1997) YARD: See Section 8.7. ZONING OFFICIAL: The designated "Zoning Official" of the City of College Station, or his designated representative. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipar planning and engineering practice Zoning Ordinance Page 2 - 9 SECTION 3. 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: 3.1 Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. 3.2 Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3.3 Boundaries indicated as approximately following city limits shall be construed as following such city limits. 3.4 Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main line. 3.5 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 tines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. 3.6 Boundaries indicated as parallel to or extensions of features indicated in Subsections 3.1 through 3.5 above shaft be so construed. Distances not specifically indicated in a classirication amendment shall be determined by the scale of the map. 3.7 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 3.1 through 3.6 above, the I oard of Adjustment shall interpret the district boundaries. Zoning Ordinance Page 3 - 1 SECTION 4. APPLICATION OF DISTRICT REGULATIONS 4.1 UNIFORMITY The regulations set by this ordinance within each district shall be minimum re ggulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided. A. No person shall initiate any development or construction activity, including site preparation, foundation forming, sign erection, construction, improvement, repair or demolition within a newly annexed area without first ap lying for and obtaining the appropriate permits or other approvals required by City Ord B. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. C. No part of a yard, or other open space or off - street parking or loading space required about or in connection with any building, building plot, 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, building plot, or use. Zoning Ordinance Page 4 - 1 SECTION 5. NEWLY ANNEXED TERRITORY 5.1 NEWLY ANNEXED TERRITORY: A. Any territory hereafter annexed to the City of College Station shall be classified as District A -(3, for a period not to exceed one (1) year. If a zone change request is not received by the City within this year the Commission shall initiate zone change proceedings. B. No person relying on a claim of vested rights shall continue any development activity within a newly annexed area without first applying for and obtaining a building permit. C. Any person with an interest in property within a newly annexed area may apply to the Zoning Official for a determination of the vested rights such person has, if any to continue development activities initiated prior to annexation. Such determinations shall be based upon all pertinent facts, and upon the relevant decisions of state and federal courts. The applicant may submit any written evidence to the Zoning Official for consideration. The Zoning Official's wntten determination, once approved by the City Attorney, shall be final unless duly appealed to the Board of Adjustment pursuant to Section 15. D. Any final action of the Zoning Official may be appealed to the Board of Adjustment pursuant to Section 15. Zoning Ordinance Page 5 - 1 SECTION 6. NON - CONFORMING USES AND STRUCTURES Non - conforming use shall mean the use of any property which would, in the absence of an exception permitting such a use to continue, subject to restrictions, be contrary to the provisions of this ordinance. A non - conforming use is unlawful if no exception allows its continuance, but is lawful to the extent that an applicable exception in this ordinance permits its temporary or restricted continuation. 6.1 Except as hereinafter specified, any use, building or structure existing at the time of enactment of the Zoning Ordinance or classification amendment applicable to its use, may be continued even though such use, building or structure may not conform with the previsions 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 a Zoning Ordinance or classification amendment previously in effect in College Station. 6.2 A use existing on the effective date of the Zoning Ordinance or classification amendment applicable to its use, which would only be permitted thereunder as a conditional use shall be a lawful non - conforming use until altered under Section 14. In the event of issuance of a conditional use permit, such use becomes a permitted and lawful use. 6.3 An existing use or structure that is not in compliance with this Ordinance or classification amendment applicable to the use or structure shall not be enlarged, extended, reconstructed, substituted, or structurally altered (except should same be required by superior law or by Court order) unless: A. The use or structure is brought into compliance with this ordinance; or, B. Except as follows: 1. When authorized by the Board of Adjustment in accordance with the provisions of Section 15, the substitution for a non - conforming use of another non - conforming use, or an extension of a non - conforming use, may be made. 2. When authorized by the Board of Adjustment in accordance with the provisions of Section 15, enlargement or completion of a building devoted to a non - conforming use may be made upon the lot occupied by such buildingg where such extension is necessary and incidental to the existing use of such buiIc ing and does not exceed twenty -five per cent (25%) of the original area of non - conformity. 3. When authorized by the Board of Adjustment in accordance with the provisions of Section 15 a non - conforming 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 non - conforming, if no structural alterations, except those required by law, are made therein. 6.4 Whenever a non - conforming use has been discontinued and changed to a conforming use, or whenever a non - conforming use has been discontinued or abandoned for more than three (3) months, a presumption of intent to abandon said use shall have been established and the right to continue the former non - conforming use shall no longer exist. Subsequent operation as a non - conforming use shall be unlawful. Zoning Ordinance Page 6 - 1 SECTION 7. SCHEDULE OF DISTRICT REGULATIONS 7.1 DISTRICT A -O: AGRICULTURAL - OPEN A. 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 5 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. B. PERMITTED USES: Single family dwellings. Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9H. (As amended by ordinance No. 2257 dated August 12, 1997) HUD -code manufactured homes, located pursuant to an approved location permit as provided in Section 7.911. (As amended by ordinance No. 2257 dated August 12, 1997) Barn, stable for keeping private animal stock. Country club (publicly or privately owned). Crop production. Farm. Truck garden (including greenhouse for commercial purposes). Golf Course. Home Occupations. Pasturage. Poultry production (non - commercial). Riding academy (private). (As amended by ordinance No. 2211 dated September 26, 1996) C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. (As amended by ordinance No. 2288 dated December 11, 1997) D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REQUIREMENTS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 1 7.1A DISTRICT A -OR: RURAL RESIDENTIAL SUBDIVISION A. PURPOSE: This district allows different infrastructure standards from the more urbanized developments within the City and is intended for developments of a minimum of 100 acres that are to be subdivided into single family tracts no smaller than one acre each. Generally, locations are intended to be at the periphery of the City where infrastructure may not yet be available and not within the urbanized core. In the developed area of the City where infrastructure is available for extension there may be locations where a rural subdivision would be appropriate depending on surrounding land uses and the existing road system. B. PERMITTED USES: Single family dwellings Home Occupations Barn, stable for keeping private animal stock incidental to the principal residential use C. SUBMISSION PROCEDURE: 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 area proved by the Commission, they will be sent forward to the Council with a recommendation for approval of the zone change request with the condition that a final plat, final development _plan (including a sanitary sewer master plan illustrating how each lot within the subdivision will eventually be gravity sewered) and all related information be presented to the Council through the Commission within one (1) year from the date of approval of the zone change request. If this condition is not met within this one year, then the zoning shall revert to that prior to the request. This period of one year may be extended for an additional twelve month period on presentation and approval of information acceptable to the Commission and Council that extenuating circumstances, beyond the control for the developer, have prevented compliance within the one year period. Subdivision Plat: The subdivision plat shall be as required by the Subdivision Regulations section regarding Rural Subdivision Standards. Development Plans: Plans, reports and related information shall be presented in su icient detail to enable the Commission and Council to evaluate the proposed development in accordance with the provisions of this section. The Commission and Council shall ascertain that the plans for the proposed rural subdivision meet the following criteria: 1. The proposed subdivision will be in harmony with the character of the surrounding land uses. 2. The proposed subdivision conforms to the policies and goals of the Comprehensive Plan for development of the City and shall not be contrary to the thoroughfare or infrastructure master plans. 3. The proposed subdivision will be consistent with the intent and purpose of this district. 4. Adjacent property will not be adversely affected. D. CONDITIONAL USES PERMITTED: Refer to Section 8.12. E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2165 dated January 25, 1996) Zoning Ordinance Page 7 - 2 7.1B DISTRICT A -OX: EXISTING RURAL RESIDENTIAL A. PURPOSE: This district is intended for existing single family tracts that are rural in character and annexed by the City. These are areas that do not meet many of the City's codes and ordinances and are likely to remain residential for the foreseeable future. B. PERMITTED USES: All in A -O plus the following: Mobile Homes, located pursuant to an approved location permit as provided in Section 7.911. (As amended by ordinance No. 2257 dated August 12, 1997) HUD -code Manufactured Homes, located pursuant to an approved location permit as provided in Section 7.911. (As amended by ordinance No. 2257 dated August 12, 1997) Home Occupations. Catfish Farm. Commercial Horse Stable. (As amended by Ordinance No. 2211 dated September 26, 1996) C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REQUIREMENTS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2165 dated January 25, 1996) Zoning Ordinance Page 7 - 3 7.2 DISTRICT R -1 SINGLE FAMILY RESIDENTIAL A. PURPOSE: This district includes lands subdivided for single family residential purposes and associated uses. This district is designed to provide sufficient, suitable residential neighborhoods, protected from incompatible uses, provided with necessary facilities and services. B. PERMITTED USES: Single family dwellings. Home occupations. C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REQUIREMENTS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 4 7.3 DISTRICT R -1A SINGLE FAMILY RESIDENTIAL A. PURPOSE: This district is designed to provide land for detached single family residential development for smaller lot sizes with greater design flexibility. B. PERMITTED USES: Single family dwellings. Home occupations. C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REGULATIONS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 5 7.3A DISTRICT R -111 SINGLE FAMILY RESIDENTIAL A. PURPOSE: This district is designed to provide land for detached single family residential suburban development. This district contains lots that are larger than the minimum R -1 lot, but smaller than the minimum A -OR. B. PERMITTED USES: Single family dwellings. Home occupations. C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REGULATIONS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 6 7.4 DISTRICT R -2 DUPLEX RESIDENTIAL A. 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. B. PERMITTED USES: Duplex dwelling units. Single family dwellings, built under the restrictions of District R -lA. Home occupations. C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Refer to Table A at the end of this section. E. PARKING REQUIREMENTS: Where parking is provided in the front yard, an eight foot (8') setback shall be required between the property line and the nearest side of the parking pad. This 8' setback area must contain a 3' screen consisting of a continuous berm, edge, or wall. In addition an eight foot (8') setback shall be required between the dwelling unit and the nearest side of the parking pad. (As amended by Ordinance No. 2139 dated July 13, 1995) (As amended by Ordinance No. 2317 dated March 12, 1998) F. SIGN REGULATIONS: Refer to Section 12. G. LANDSCAPING REQUIREMENTS: Each unit shall contain 200 landscape points. All plantings must be drought - resistant and native to this area. (Amended by Ordinance No. 2139 dated July 13, 1995) Zoning Ordinance Page 7 - 7 7.5 DISTRICT R -3 TOWNHOUSE A. 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 of single family attached residences constructed on individually platted lots. B. PERMITTED USES: Single family dwellings, built under the zoning restrictions of District R- IA. Townhouses. Home occupations. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: These conditional uses may be allowed in district R -3 in addition to any available under Section 8.12: Duplex dwelling units built under the restrictions of District R -2, each dwelling unit to be constructed on separately platted lot, and must meet the fire separation requirements of applicable codes. E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2356 dated October 22, 1998) Zoning Ordinance Page 7 - 8 7.6 DISTRICT R -4 APARTMENT /LOW DENSITY A. PURPOSE: This district provides land for development of apartment and condominium units at low densities. This district may serve as a transitional zone between lower density residential areas and other residential or non - residential areas. B. PERMITTED USES: Single family dwellings, built under the zoning restrictions of District R- IA. Duplex dwelling units, built under the zoning restrictions of District R -2. Townhouse dwelling units, built under the zoning restrictions of District R -3. Apartment(s) and Apartment buildings. Convalescent homes. Home occupations. Parking lots associated with other permitted uses in this district. Rooming and Boarding houses. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: Refer to Section 8.12. E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 9 7.7 DISTRICT R -5 APARTMENT /MEDIUM DENSITY A. PURPOSE: This district provides land for development of apartment and condominium units at medium densities. This district may serve as a transitional zone between residential areas and non - residential areas. B. PERMITTED USES: Single family dwellings, built under the zoning restrictions of District R -IA. Duplex dwelling units, built under the zoning restrictions of District R -2. Townhouse dwelling units, built under the zoning restrictions of District R -3. Apartment(s) and Apartment buildings. Convalescent homes. Home occupations. Dormitories. Parking lots associated with other permitted uses in this district. Rooming and boarding houses. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12: Fraternity or sorority houses and meeting places which conform to all other requirements of the R -5 District, and are found to be compatible with the general character of the E area within which they are proposed to be located, which do not jeopardize the health, safety or welfare of the public by their presence in the proposed location, which are consistent with the spirit, intent, and objectives of this ordinance, and which do not negatively damage, affect, or curtail the uses of adjacent or nearby property. Group housing. (As amended by Ordinance 1854 dated July 26, 1990) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 10 7.8 DISTRICT R -6 APARTMENT BUILDINGS /HIGH DENSITY A. PURPOSE: This district contains land used for a variety of housing types, primarily multiple family dwellings. This district is designed to provide the widest range ol� housing types as well as the highest density in the community. B. PERMITTED USES: Single family dwellings, built under the zoning restrictions of District R- IA. Duplex dwelling units, built under the zoning restrictions of District R -2. Townhouse dwelling units, built under the zoning restrictions of District R -3. Apartment(s) and Apartment buildings. Convalescent homes. Home occupations. Dormitories. Parking lots associated with other permitted uses in this district. Rooming and Boarding houses. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Fraternity or sorority houses and meeting places which conform to all other requirements of the R -5 District, and are found to be compatible with the general character of the E area within which they are proposed to be located, which do not jeopardize the health, safety or welfare of the ublic by their presence in the proposed location, which are consistent with the spirit, intent, and objectives of this ordinance, and which do not negatively damage, affect, or curtail the uses of adjacent or nearby property. Group housin As amended by Ordinance No. 1854 dated July 26, 1990) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 11 7.9 DISTRICT R -7 MANUFACTURED HOME PARK A. PURPOSE: This district contains land which is located designed, and is to be operated as a site for residential uses for mobile and HUh -code manufactured homes in accordance with the following District Regulations: (As amended by ordinance No. 2257 dated August 12, 1997) B. PERMITTED USES: Mobile and manufactured home parks. Accessory manufactured home park uses such as recreational areas, maintenance buildings, laundry facilities, and the like are permitted as well. (As amended by ordinance No. 2257 dated August 12, 1997) C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. (As amended by ordinance No. 2257 dated August 12, 1997) D. AREA REQUIREMENTS: Minimum manufactured home park area - 2 acres. Maximum density - 10 dwelling units per acre (gross density). Minimum mobile or manufactured home setback off of a public street - 25'. Minimum mobile or manufactured home setback off an interior park property boundary - 15' . Minimum mobile or manufactured home setback off of a park street, common parking area, or other common area - 10'. Minimum distance between two mobile or manufactured homes - 15'. Minimum distance between all structures (mobile homes, manufactured homes, and other structures) - 15', except that private storage buildings located on an individual manufactured home lot need not maintain a separation from the mobile or manufactured home that occupies the same lot. (As amended by ordinance No. 2257 dated August 12, 1997) E. PARKING REQUIREMENTS: Refer to Section 9. (As amended by ordinance No. 2257 dated August 12, 1997) F. SIGN REGULATIONS: Refer to Section 12. G. SITE PLAN /LANDSCAPING REQUIREMENTS: The construction, reconstruction alteration, or enlargement of a manufactured home park must be pursuant to an approve) site plan. In addition to the requirements contained in Sections 10 and 11, the following development requirements shale provided: 1. Buffer yards - All manufactured home parks located adjacent to property developed as residential, commercial, or industrial uses shall provide screening of six foot high fences combined with a 20' landscaped area along the property boundary line separating the ark and such adjacent uses. Four canopy trees minimum 2' cat 16 16 understory trees (minimum 4' - 5' in height), and 24 shrubs (minimum 2'-3' in height) shall be provided for every 100 lineal feet of common boundary. 2. Parking areas may be located within common parking areas or on individual manufactured home lots, provided that the pparkingg required for each mobile or manufactured home must be located within 20U; of the home. 3. Each manufactured homes lot shall have access to public utilities, and it shall have vehicular access to either a public right -of -way or private drive. (As amended by ordinance No. 2257 dated August 12, 1997) Zoning Ordinance Page 7 - 12 H. PERMITS REQUIRED: The placement or replacement of an individual mobile home or a HUD -code manufactured home within an approved manufactured home park shall be pursuant to a Location Permit issued by the Building Official and Zoning Official. The application for such a permit shall be accompanied by a location plan including the f6nowing information: 1. Location plan showinZ the dimension of the site, required setback lines the placement of the mobile or manufactured home, the designated parking, and any existing structures on the same or adjoining lots. 2. A signed, dated application, requesting permission to locate the structure on the lot. 3. A legal description of the location of the property within the City. 4. An indication of the proposed delivery route to the designated site. Deliver routes shall not include residential streets, unless the designated site has sole frontage on the affected residential street. An Electrical Permit will also be required before an electrical service may be extended to a mobile or manufactured home. Application shall be in accordance with the most current edition of the National Electrical Code. (As amended by Ordinance No. 2257 dated August 12, 1997) I. INDIVIDUAL MOBILE OR MANUFACTURED HOME REQUIREMENTS Skirting - all manufactured and mobile homes within the park shall be skirted with brick vinyl, or other solid skirting materials within four months of occupancy of the lot. 2. Trailer hitches - all trailer hitches and other devices designed to aid in the transport of the manufactured or mobile homes must be removed within four months of occupancy of the lot. (As amended by Ordinance No. 2257 dated August 12, 1997) Zoning Ordinance Page 7 - 13 7.10 DISTRICT C -N NEIGHBORHOOD BUSINESS A. PURPOSE: This district provides small commercial sites for residential convenience goods and personal service businesses. No use shall be allowed which would adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood. No outside storage or display of goods or materials shall be allowed. B. PERMITTED USES: All uses permitted within the C -N District shall be determined for each proposed location by the Planning and Zoning Commission pursuant to the procedures established in Section 10.6. Uses to be considered by the Commission are: Retail sales of beer and wine only - restricted to off - premises consumption - 2,500 square feet maximum floor area. Retail food store - 2,500 square feet maximum floor area. Retail sales - 2,000 square feet maximum floor area. Restaurant providing prepared food for off - premise consumption only - 1,500 square feet maximum floor area. Personal service shops - 2,000 square feet maximum floor area. Offices - 2,000 square feet maximum floor area. Small recycli collection facilities. as amended by Ordinance No. 1905 dated September 12, 1991) Other uses to be determined by the Commission. C. SPECIAL RESTRICTIONS: The followin sppecial restrictions are applicable to all developments located within C -N zoning Disricts: 1. 10,000 square feet total maximum building floor area. 2. No C -N zoning district shall exceed 2 acres in area. 3. Adjacent C -N zoning districts shall not exceed a combined total of 2 acres in area. 4. Minimum depth - 1 acre or less site - 150 feet Site greater than 1 acre - 250 feet. 5. No restaurants providing on- premise consumption or commercial amusements shall be allowed. D. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. E. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12: Funeral Homes. (As amended by Ordinance No. 1732 dated January 14, 1988) Large Recycling Facilities (As amended by Ordinance No. 1905 dated September 12, 1991) Zoning Ordinance Page 7 - 14 7.11 DISTRICT C -NG COMMERCIAL NORTHGATE A. PURPOSE: The area described herein is determined to be unique and to contain some historic significance; therefore, this special zoning district shall ap ly only in this area and shall incorporate regulations designed to aid development an redevelopment in a manner compatible with the character of the area. The area is described as follows: BEGINNING at a point in the centerline of Church Street and the centerline of Nagle Street; Thence S45 degrees 24'10"E a distance of 440.82' to a point in University Drive; Thence S45 degrees 35'50 "W a distance of 703.10' to a point Thence S44 degrees 05'50 "W a distance of 1157.87' to a point; Thence N81 degrees 34'45 "W a distance of 395.70' to a point; Thence N65 degrees 40'33 "W a distance of 127.09' to a point in the centerline of Church Street; Thence N44 degrees 35'50 "E a distance of 2138.39' to the POINT OF BEGINNING and containing 20.095 acres more or less; and, The area is amended to include Lots 1 -6 and 22, Block 11, Boyett Subdivision by action of the City Council on January 28, 1988. (As amended by Ordinance No. 1736 dated January 28, 1988). B. PERMITTED USES: All in R -6 and C -1 subject to project review. C. PROJECT REVIEW REQUIRED: All projects require P.R.C. review. Applicants shall file an application form with the City Planner no less than ten (10) days prior to the P.R.C. meeting at which the proposal is to be reviewed. The applicant shall be notified of the time, date, and place of the P.R.C. meeting. Reports shall be kept for all P.R.C. meetings. The P.R.C. shall file with the City Planner a written report on the final plan app roved by the Committee, together with a copy of the final plan itself, certified by the Ci Planner for compliance with the P.R.C. requirements. Refer to Section 10.1 -C for guidelines on preparation of a site plan. D. APPEAL: Refer to Section 10.3 for the appeal process of a decision of the P.R.C. E. SPECIAL RESTRICTIONS: In reviewing a project, the P.R.C. may require traffic and parking impact studies, a review of existing occupancy and other reasonable appropriate data to determine the impact of the project. Additional' parking and landscaping may be required if determined to necessary to relieve this impact. F. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12: Funeral homes. (As amended by Ordinance No. 1732 dated January 14, 1988) Large recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) G. AREA REQUIREMENTS: Minimum front setback: 10 feet. H. PARKING REQUIREMENTS: As required by P.R.C. I. SIGN REGULATIONS: See Section 12, except freestanding and roof signs are prohibited. J. LANDSCAPE REQUIREMENTS: As required by P.R.C. (As amended by Ordinance No. 1764 dated July 14, 1988) Zoning Ordinance Page 7 - 15 7.12 DISTRICT A -P ADMINISTRATIVE - PROFESSIONAL A. PURPOSE: This district would accommodate selected commercial businesses which provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification. B. PERMITTED USES: Administrative offices. Art studio or gallery. Business, music, dance, or commercial schools. Financial institutions. Doctor or dentist offices. Government offices. Offices, professional or service. Photographer's studio. Radio, TV station (no towers). Public parking lot for operating vehicles. Real estate office. Small recycli collection facilities. Rs amended by Ordinance No. 1905 dated September 12, 1991) Travel agency or tourist bureau. Other personal service shops. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12. Funeral homes. (As amended by Ordinance No. 1732 dated January 14, 1988) Large recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) (As amended by ordinance No. 2288 dated December 11, 1997) Veterinary hospitals. (As amended by ordinance No. 2356 dated October 22, 1998) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 16 7.14 DISTRICT C -2 COMMERCIAL - INDUSTRIAL A. 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. B. PERMITTED USES: All in C -1 plus the following: Animal care facilities. (As amended by Ordinance No. 2356 dated October 22, 1998) Boarding kennels (public). Carting, crating, express storage. Farm implement sales (new or used), storage, repair. Garden (including greenhouse), for commercial purposes. General merchandise warehouse. Hardware (industrial sales). Lumber and building material sales and storage. Monument sales. Machine shop. Sheet metal fabrication shop. Sign shop (painting, manufacturing). Trailer and /or accessory equipment sales, rental, storage or repair. Welding shop. Wholesales and service. Other uses will be considered by the Commission. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Large recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 19 7.15 DISTRICT C -3 PLANNED COMMERCIAL A. PURPOSE: This district is designed to provide locations for commercial sites that are too small for may permitted uses in the General Commercial District. These are moderately low traffic generators that have little impact on adjacent areas and on adjacent thoroughfares. (As amended by Ordinance 2204 dated August 29, 1996) B. PERMITTED USES: All in A -P plus the following: Alcoholic beverage sales - retail and wholesale Car wash. Cleaner /laundry. Cold storage. Garage, commercial. �.. Mini - storage warehouses. Nursery/plant sales. Radio and TV stations (no towers). Rental - vehicles and equipment. I Repair shops. Retail sales and service. Shopping center. Other uses ma be permitted by the Commission. j �As amended by Ordinance 2204 dated August 29, 1996) C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed L in addition to any use allowed under Section 8.12: Restaurants, at a maximum of 1500 square feet, without a drive -thru. (As amended by Ordinance 2204 dated August 29, 1996) Funeral homes. (As amended by Ordinance No. 1732 dated January 14, 1988) Large recycling collection facilities. (As amended by Ordinance No. 1905 dated September 12, 1991) i E. AREA REQUIREMENTS: Refer to Table A at the end of this section. Maximum lot size L_ 3 acres. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 20 7.16 DISTRICT M -1 PLANNED INDUSTRIAL A. PURPOSE: This district is provided for high technological, light manufacturing, non- polluting industries ppropperlyy proportioned and designed for aesthetic appeal, with controlled design o� planf and construction materials. Not only site design and layout but facades, materials, lightingg and apparent architectural aspects of the pro'ect are subject to review and approval. A�1� vehicle access shall be paved. The M -1 District may be compatible with adjacent uses in any other district, depending upon the character of the operation and the conditions imposed. B. 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. Fabricated metal products manufacturing. Office equipment and supplies manufacturing. Offices. Warehousing. Large recycling collection facilities. Small recycling collection facilities. Other uses will be considered by the Commission. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Funeral homes. (As amended by Ordinance No. 1732 dated January 14, 1988) (As amended by ordinance No. 2288 dated December 11, 1997) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 21 7.17 DISTRICT M -2 HEAVY INDUSTRIAL A. PURPOSE: This district is designed to provide land for manufacturing and industrial activities with� ggeneration of nuisance characteristics greater than activities permitted in the C -2 and ICI -1 zonin districts. Uses within this district are not compatible with residential uses and lower intensity commercial uses. B. PERMITTED USES: All uses permitted in M -1 and C -2, excluding C -1 uses, plus the following: (As amended by Ordinance No. 2288 dated December 11, 1997) Aircraft landing strips, sales, service, rental, or repair. Broadcasting towers for radio and television. Concrete products manufacturing. Food processing plants. 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 and explosives). Tire shops, including vulcanizing and retreading. Warehousing. NOTE- C -1 GENERAL COMMERCIAL USES ARE ALLOWED IN THE FOLLOWING AREA BY COUNCIL ACTION OF JUNE 14, 1984: All that certain tract or parcel of land lying and being situated in the J. E. Scott League in College Station, Brazos County, Texas, being all of those tracts conveyed to Jersey Street Ent rprises by deeds recorded in Volume 563, Page 70• Volume 518, Page 346; Volume P age 789 and Volume 543 Page 797 of the Deed kecords of Brazos County Texas, those tracts conveyed to Drew Woods Leasing Corporation by deeds recorded in 'Volume 271, Page 166, and Volume 228, Page 605 of fhe Deed Records of Brazos County, Texas, g l of that 1.086 acre tract conveyed to Drew Woods, Inc. by deed recorded in Volume 403, Page 291 of the Deed Records of Brazos County„ Texas, and part of those two tracts conveyed to Robert Callaway Corporation by deeds recorded in Volume 539 Page 10 and Volume 539 Page 15 of the Deed Records of Brazos County, Texas, and being more particularly described as follows: Beginning at the intersection of the southwest line of the Southern Pacific Railroad Right - of -way and the southeast line of Jersey Street. Thence S 29 degrees 40'37" E - 777.42 feet along the southwest line of said railroad right -of -way to the most easterly corner of that tract conveyed to Drew Woods Leasing Corporation by deed recorded in Volume 228, Page 605 of the Deed Records of Brazos County, Texas; Thence N 60 degrees 19' 23" E - 10.00 feet to the most northerly corner of the said Drew Woods, Inc. tract; Thence S 29 degrees 40'37" E - 375.5 feet along the northeast line of the said Drew Woods, Inc. tract to the most easterly corner of same; Thence S 60 degrees 19' 23" W - 126.00 feet along the southeast line of the said Drew Woods, Inc. tract to the most southerly corner of same; Thence S 18 degrees 09'51" E - 1078.63 feet along he northeast line of the said Robert Callaway tract to the northwest line of Luther Street; Zoning Ordinance Page 7 - 22 Thence S 41 degrees 29'58 "W - 158.31 feet along the northwest line of Luther Street to the northeast line of Marion Pugh Drive; Thence N 22 degrees 01'45" W - 2231.85 feet along the northeast line of Marion Pugh Drive to the southeast line of Jersey Street; Thence N 45 degrees 26'16" E - 190.48 feet along the southeast line of Jersey Street to the Point of Beginning and containing 11.18 acres of land, more or less. (Above metes and bounds taken from Ordinance 1525; please refer to Exhibit A of that ordinance). C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Funeral homes. (As amended by Ordinance No. 1732 dated January 14, 1988) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. Zoning Ordinance Page 7 - 23 7.18 DISTRICT C -U COLLEGE AND UNIVERSITY A. PURPOSE: This district contains lands which are primarily located within the boundaries of the Texas A &M University campus. The district provides for advance consideration and lanning by the City for development which nii ht occur in relation to parking, traffic generation, and any demands which might be placed on the City's administrative or service functions. B. PERMITTED USES: State university. Zoning Ordinance Page 7 - 24 7.19 DISTRICT P -U -D PLANNED UNIT DEVELOPMENT A. PURPOSE: The purpose of this district is to permit such flexibility and to provide performance criteria which can result in planned developments which produce: 1. A maximum choice in the type of environment and living available to the public; 2. Open space and recreation areas; 3. A pattern of development which preserves trees, outstanding natural topography and geologic features, and prevents soil erosion; 4. A creative approach to the use of land and related physical development; 5. An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs; 6. An environment of stable character in harmony with surrounding development; 7. A more desirable environment than would be possible through strict application of other sections or districts in this ordinance. B. The Planned Unit Development District is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such develo ments may consist of individual lots or may have common building sites. Common land - located within the Planned Unit Development must be an essential and a ma*or element of the plan which is related to and effects 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 eights, 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 constructed within fifteen (15) feet of the exterior property lines of the development. C. LOCATION: The Planned Unit Development may be established in any residential district. D. SUBMISSION PROCEDURE: The initial submission to the Commission shall consist of a request for zone change, a preliminary subdivision plat, and a preliminary development � lan. If these are approved by the Commission, they will be sent forward to the City ouncil with a recommendation 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 changerequest; otherwise, the zoning shall revert to that prior to the request. This period of one Q ) year may be extended for an additional period of twelve (12) months on presentation and approval of information acce table 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. E. SUBDIVISION PLAT: The subdivision plat shall be as required by the subdivision regulations, except that consideration wilt be given to meritorious modification of the to Standards" of streets other than "Principal Streets ". F. DEVELOPMENT PLANS: The developer shall present plans, reports and related information in sufficient details to enable the Commission to evaluate the proposed development in accordance with the provisions of this section. The Commission shall investigate and ascertain that the plans for the Planned Unit Development meet the following conditions: 1. 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. Zoning Ordinance Page 7 - 25 2. That the project is in conformity with the policies and goals of the Comprehensive Plan for development of the City, and will be consistent with the intent and purpose of this section. 3. That the property adjacent to the proposed development will not be adversely affected. 4. That every structure containing dwelling units has access to a public street directly or via a court, walkway, or other area dedicated to the public or owned and maintained by a home association, but need not front on a street. 5. That provisions for the parking of motor vehicles in non - residential areas are as established in Section 9 of this ordinance. 6. That the standards for the maximum floor space permitted and for minimum recreational space, outdoor living space, o en space, and parking space requirements are related to a land use intensity rating tLUI). The land use intensity (LUI) for a Planned Unit Development shall relate to the zoning istricts. The relationship between ratings and standards are established and are as Tollows: LAND USE INTENSITY RATIOS LUI Ratios LUI Ratios X Gross Land X Living Area (S.F.) Units Max. # Floor Open Livability Recreation Occupant Total of Area Space Space Space Car Car Zoning Dwelling (FAR) (OSR) (LSR) (RSR) (OCR) (TCR) District Units /Acre PUD #1 7 .162 .77 .53 .032 1.60 1.80 PUD #2 15 .283 .74 .48 .042 1.20 1.40 PUD #3 50 .696 .69 .40 .070 .84 .99 DEFINITIONS: Floor Area Ratio (FAR): maximum sq. ft. of total floor area permitted for each square foot of gross land area. Open Space Ratio (OSR): minimum sq. ft. of open space required for each sq. ft. of gross land area. Livability Space Ratio (LSR): minimum sq. ft. of non - vehicular open space required for each sq. ft. of gross land area. (Livability space is a part of open space) Recreational Space Ratio (RSR): minimum sq. ft. of recreation space required for each sq. ft. of gross land area. (Recreational space is a part of livability space) Total Car Ratio (TCR): minimum number of parking spaces required for each living unit. Occupant Car Ratio (OCR): minimum number of parking spaces without parking time limits required for each living unit. Zoning Ordinance Page 7 - 26 G. STAGE CONSTRUCTION: 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 plan 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 approximately equal stake and benefit in the homes association's common facilities. H. 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 Section 7.19 -E above. SIGNS: Signs shall be regulated in each land use as established in respective subsections of Section 12. J. HOMES ASSOCIATION: A homes association will be required if other satisfactory arrangements have not been made for providing operating and maintaining common facilities including streets, drives, service and parking areas, common open spaces and common recreational areas. The incorporation of the homes association must provide for the following: 1. Establish automatic membership in a non - profit homes association of all lot owners in the P -U -D; 2. 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. 3. Appropriately limit the uses of common property. 4. Give each lot owner the right to the use and enjoyment of the common property. 5. 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. 6. 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 undesirable high charges. 7. Provide that a lien shall be placed upon property on which homes association charges are delinquent. 8. 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. K. 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 Tans for the development have been approved by the Commission. All structures in a Tlanned Development shall be constructed as shown on the approved plans. Zoning Ordinance Page 7 - 27 7.20 DISTRICT C- P.U.D. COMMERCIAL PLANNED UNIT DEVELOPMENT A. PURPOSE: The purpose of this district is to provide an opportunity for flexible, responsive commercial developments which will: 1. encourage creative and efficient use of commercial sites; 2. promote innovative use of modern development concepts; and, 3. encourage mixed use development. The Commercial Planned Unit Development District is intended for a combination of three or more different, frequently separated uses, each a significant part of the development. The categories of major uses are office, retail, ho el/motel, restaurants, entertainment and banklfinancial institution. The planning and conce tual design of a C- P.U.D. must provide for physical and functional integration of project uses and components. A C- P.U.D. may consist of individually platted lots, but is not intended for traditional shopping centers under a single roof. Area requirements, building setbacks and /or landscaping requirements, may deviate from established standards if approved by the Planning and Zoning Commission as part of the Development Plan. B. PERMITTED USES: All in C -1 and M -1. C. SUBMISSION PROCEDURE: The initial submission b the applicant shall consist of a request for a zone change, a preliminary subdivision p][2, and a preliminary development plan. The zone change request and the preliminary plat will follow the established review process through the Commission and Lit Council. The preliminary development plan will be reviewed by the Project Review Committee only, unless any one voting member of the Committee or the applicant requests a review by the Plannin and Zoning Commission. The zone chan e, if approved by the City Council, will revert to the former zoning if the final plat and final development plan are not approved within twelve (12) montliis after the date of the zone change request. The finar development plan may be approved by the staff if no substantial changes nave been made. D. DEVELOPMENT PLANS: The developer shall present site and development plans of sufficient detail to meet the following conditions: 1. Specific uses should be designated on the plans. 2. The area and /or seating capacity of all uses should be shown. 3. Every structure must have legal access to a public street, as well as adequate access for emergency vehicles. *4.Off -street arking shall be provided in accordance with Section 9. Shared parking may be allowed with up to a 25% reduction in the total cumulative requirement in accordance with Table 7 -1. Parking easements should cover shared areas. 5. Each individual use should have a minimum of 75 % of its parkingg requirement within 300 feet of a public entrance which is easily accessible to the pu - ic. 6. Landscaping may be accomplished in common areas if platted and maintained. 7. The Project Review Committee will review any change in occupancy to determine if adequate parking is available. If any one member of the Committee or the applicant desires, this change will be reviewed by the Commission. 8. A roperty owners' association or a management corporation should be established unless other arrangements have been made to insure responsibility for maintenance of common areas of landscaping, drives or parking. E. STAGE CONSTRUCTION: The preliminary development plan and reliminary subdivision plat shall show all of the development stages. A final plat and development plan for each stage should be submitted for approval at not more than twelve (12) month intervals. Zoning Ordinance Page 7 - 28 Zoning Ordinance Page 7 - 29 T"LE7 -1 *SHARED PARKING REDUCTION FACTORS Parking Adjustment Percentages (time of day) USE CATEGORY A.M. NOON P.M. NIGHT Office/bank /financial 100% 80% 100% 35% Retail 70% 80% 75% 80% Nightclub 10% 100% 70% 100% Restaurant 30% 100% 30% 100% Motion picture house 10% 30% 70% 100% Health studio 45% 70% 80% 100% (including dance /aerobic) Game courts 45% 70% 80% 100% Hotel /motel 75% 50% 50% 100% Other Uses ** 100% 100% 100% 100% TOTAL * Calculate parking for each use category based on requirements in Section 9. Then calculate parking for each use category for each time of day. Total the parking requirement for all uses based on each time of day. the largest number of spaces shall be provided, not to exceed a 25 % reduction in the total number of spaces required under Section 9. ** Percentages of required parking can be adjusted only if a variance is granted by P.R.C. or P &Z. Zoning Ordinance Page 7 - 29 7.21 DISTRICT WPC WOLF PEN CREEK DEVELOPMENT CORRIDOR The Wolf Pen Creek Development Corridor is defined by the metes and bounds description found in the attached Exhibit A. A. PURPOSE This district is designed to encourage development in a predominantly open and undeveloped area with drainage, erosion and floodin problems. It is designed to encourage the public and private use of Wolf Pen reek as an active and passive recreational area while maintaining an appearance consistent with the Wolf Pen Creek Master Plan. Development should enhance and preserve property values in the Corridor. B. USES The following uses are permitted: Retail sales & services with no outside storage of merchandise. Personal services. Cleaners with no on- premise cleaning (drop off & pick up only). Professional offices. Financial institutions. Photographer's studios. Travel agencies or tourist bureaus. Art galleries. Music or dance studios. Restaurants. Hotels /motels. Night clubs, taverns, bars. Theaters or motion picture houses. Arenas or coliseums. Apartments built under the restrictions of the R -6 zone. Other uses may be allowed as conditional uses by the Planning & Zoning Commission upon recommendation by the Design Review Board. C. REVIEW PROCESS All development ppro ects proposed within the corridor shall be reviewed by the Design Review Board (DRB} The DRB shall be a body appointed by the City Council and shall consist of (1) one registered architect (2) one business person, (3) one member knowledgeable in aesthetic judgment, (43 one landowner or developer in the Wolf Pen Creek Corridor, (5) one citizen at large, and the voting members of the Project Review Committee, being a committee established by the City's Zonin Ordinance. The DRB shall be supported by the same technical staff as the Project review Committee. The initial term of office shall be two (2) years for the business person and the architect and three (3) years for the expert in aesthetic judgment, the citizen at large, and the landowner. All terms thereafter shall be for three T3) years. Zoning Ordinance Page 7 - 30 The DRB, in reviewing each proposal, shall consider the City's land use and development codes, the - Wolf Pen Creek Corridor Study and Master Plan, and the standards and policies herein provided. Standards and policies herein take precedence over other applicable codes and ordinances where conflict exists. The following factors and characteristics, which affect the appearance of a development, will govern the Design Review Board's evaluation of a design submission: Conformance to the City's land use and development codes and this ordinance. Logic of design. Exterior space utilization. Architectural character. Attractiveness. Material selection. Harmony and compatibility. Circulation - vehicular ana pedestrian. Maintenance aspects. The DRB shall make recommendation to the Planning & Zoning Commission regarding each proposal for development in this district. Appeals from decisions of the Planning & Zoning Commission shall be to the City Council. Applicants appealing must do so in writing and within ten (10) days of the Planning & Zoning Commission's decision. Appeals shall be submitted to the office of the City Secretary. The City Secretary's office shall schedule a hearing of the appeal before the Council within thirty (30) days from receipt of the letter of app &l. (As amended by Ordinance No. 2214 dated October 10, 1996) D. REQUIREMENTS FOR DEDICATION /DEVELOPMENT OF DRAINAGE AND PEDESTRIAN ACCESS WAYS The developer shall reserve the natural setting of the creek while conveying the 100 - year flood waters of the fully developed Wolf Pen watershed in a natural appearance. No channel of concrete or similar matenal shall be allowed. The developer or property owner may reclaim the flood fringe subsequent to reclamation plans approved by the City Engineer. Flood fringe areas not reclaimed by the developer may be acquired by the City through dedication or purchase at market value for flood plain land. The floodway and the minimum reservation line as defined in the Wolf Pen Creek Master Plan shall be indicated on the site plan. Upon development of the property and at the option of the developer the floodway and the minimum reservation line shall either be dedicated to the City for drainage and public open space use or be improved by the developer to conform with the standards of the Development Corridor which may include, but not be limited to (a) cleaning and removal of brush; (b) bank stabilization; (c) erosion control; (d) no extensive channel work; and (e) pedestrian walkways, lighting and access easements. A plan for the improvement of this area shall be appproved by the Planning Zoning Commission based on the recommendation of the Desiggn Review Board. 'Cross sections as shown in the Wolf Pen Creek Master Plan shall be used in designing improvements unless otherwise approved by the P &Z. If developed privately the developer or pproperty owner may de submit the improvements to City or dication and, if accepted, the City will maintain those facilities to the same standards as public development along the creek. E. DEVELOPMENT OF PROPERTIES IN THE CORRIDOR Criteria have been developed to establish a checklist of those items that affect the physical aspect of the environment' of the Wolf Pen Creek Corridor. Pertinent to appearance is the design of the site, building and structures, planting, signs, street hardware, and miscellaneous other objects that are observed by the public. Zoning Ordinance Page 7 - 31 These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles, which can result in creative solutions that will develop satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety, and welfare. In order to create and then preserve a distinctive atmosphere and character in the Wolf Pen Creek Development Corridor the following elements shall be considered in the review of all projects and proposals for development: Lighting: . On -site lighting shall be positioned to reduce glare and undesirable light. A listing of acceptable fixtures and lights will be made available and will be those typical fixtures and lights used by the City's Parks and Recreation Department. Sodium lights shall not be installed or used in the Wolf Pen Creek Corridor. Li Ming to provide security or crime prevention or as a requirement for insurance shall be allowed. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. Garbage: On -site garbage collection points shall be identified on the site plan. Owners shall be encouraged in the oint use of property garbage collection agreements. Collection points may also act as ve�icular access points for park maintenance vehicles. Building service areas and garbage collection oints shall be screened from the creek corridor, trail system, parking areas, and dedicated streets and shall not be within 20 feet of the minimum reservation line. Screening shall consist of living plant materials. Utility Service: All new utility services or upgrading of existing services shall be installed underground by the developer according to City sfandards. Relationship of Buildings to Site: The site shall be planned to accomplish a desirable transition with the streetscape and to provide for adequate planting, safe pedestrian movement, and parking areas. Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings. Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so as to screen parking areas from view from public ways. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings. Setbacks shall meet those of the C -1 General Commercial district for all commercial uses. Relationship of Buildings and Site to Adjoining Area: Adjacent buildings of different architectural styles shall be made compatible by such means as screens, sight breaks, and materials. Attractive landscape transition to adjoining properties shall be provided. Harmony in texture, lines and masses is required. Monotony shall be avoided. Joint vehicular access agreements from dedicated s are encouraged and may be required by the P &Z upon recommendation of the DRB. Park access easements for vehicular and pedestrian traffic shall be indicated on the site plan. Elevation drawings showing the side of the building facing the park space shall be provided at the DRB meeting. Zoning Ordinance Page 7 - 32 Building Design: Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. Buildings shall have good scale and be in harmonious conformance with permanent neighboring development. Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings. Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways. Materials shall be of durable ality. In an yy design in whichte structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings. Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationships to one another. Colors shall be harmonious and shall use only compatible accents. Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public ways. Monotony of design in sin le or multiple buildingg projects shall be avoided. Variation of detail, form,. and sg sKa be used to pprovide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance. Landscaping: Landscape elements included in these criteria consist of all forms of planting and vegetation round forms, rock groupings water patterns, and all visible construction except bui�dgngs and utilitarian structures. In addition to the requirements of Section 11 all landscaping shall meet the following: Where natural or existing topographic patterns contribute to beauty nd utility of a development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance. Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting. Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important axes, and provide shade. Unity of desiggn shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments. Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of good appearance shall be used. In locations where plants will be susceptible to in* ry by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or other devices. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged. Zoning Ordinance Page 7 - 33 Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. In areas where general planting will not prosper, other materials such as fences, walls and pavinggs of wood, brick, stone, gravel and cobbles shall be used. Carefully selectej plants shaIl be combined with such materials where possible. Signs: Commercial projects shall follow the requirements of the C -1 General Commercial District in ection 12 and multi - family projects shall follow the requirements of Apartment I.D. signs in Section 12 in addition to meeting the following: Every sign shall designed as an integral architectural element of the building and site to which it principally relates. Every sign shall have good scale and proportion in its design and in its visual relationship to buildings and surroundings. The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face. Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. Identification signs of a prototype design and corporation logos shall conform to the criteria for all other signs. Miscellaneous Structures and Street Hardware: Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good colors shall be in harmony with buildings and surroundings, and proportions shall be attractive. Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs. Maintenance: Continued good appearance depends upon the extent and Quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. Provision for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Configurations that tend to catch and accumulate debris, leaves, trash, dirt, and rubbish shall be avoided. Major maintenance activities that occur after a project is complete shall be reviewed by the Design Review Board. These activities include any exterior painting other than minor touch -up, replacement of light fixtures or standards, major fence or landscape work or replacement. The intent here is to insure that the development standards of this ordinance are maintained throughout the life of a project. Zoning Ordinance Page 7 - 34 F. DEVELOPMENT INCENTIVES 1. Incentives For Creek Orientation The following incentives may be awarded for developments adjacent to the creek which orient a facade (comparable in design and materials to the front facade) to the floodplain and have pedestrian access to the trail system. The Planning & Zoning Commission shall determine appropriate use of incentives. a. Parking Standards. All standards and requirements relative to the required number of parking spaces and the dimensions and location of parking spaces and islands shall as required by the City's Zoning Ordinance except as herein provided upon approval of the Planning & Zoning Commission. (1) A raised island, not less than six (6) inches in height and not less than four (4) feet in width shall separate public right -of -way Trom parking areas. (2) A raised island, not less than six (6) inches in height and encompassing not less than ninety (90) square feet in area with a bottom contiguous with existing soil shall be located between every twenty -five (25) parking spaces in peripheral parking rows. (3) A raised island, not less than S" 6 inches in height and encompassing not less than one hundred and eighty (180) square feet in area with a bottom contiguous with existing soil, shall e located at both ends of every double parking row regardless of the length of said row. (4) Islands are required at the ends of every other single interior Parking row. There is no limit to the length of a single or double interior parking row. (5) Medians, wheelstops or other treatments may be required within parking lots to discourage cross traffic movements and for traffic safety. (6) For any use, building or structure where the required off - street parking cannot be provided on the premises because of size or location of the lot or building plot such parking may be provided on other property under the same ownership whether in fee sim le or through a erpetual easement not more than three hundred and fifty 350) feet distant from the building site, provided that the proposed parking area is located in a district where parking Iots are permitted for that use. (7) A developer may provide up to 25 % of the total parkin r uirement using compact car spaces. These spaces shall be a minimum of wide by lb feet deep. The location of such spaces shall be noted on the site plan. (8) The parking requirement for banks, day care centers, offices and personal services shall be ones ace per 275 square feet. The parking requirement for medical and dental offices shall be one space per 200 square feet. (9) The joint use or sharing of parking facilities is encouraged and shall be allowed based on consideration of the types of facilities sharing and the hours of operation of each. b. Signs An additional identification sign to the creek may be allowed for projects oriented to the creek. Si ns oriented to the creek shall not exceed sixteen (16) square feet in area, four (4) feet in height or six (6) feet in length. Such signs may be indirectly lighted from ground lighting and shall be no closer to the creek than the minimum reservation line. Zoning Ordinance Page 7 - 35 2. Incentives For Property Dedication For developments where the minimum reservation has been dedicated the following incentives may be applied: a. Setbacks The property dedication line may act as the rear building line. Elevated decking is allowed into the dedicated property as approved by the P &Z. This does not permit filling in the dedicated property. b. Landscaping Point requirements shall be calculated based upon the total site area exclusive of the dedicated area while point credit shall be given for approved trees in the dedicated area. Landscaping materials in the hal} of the site closest to the creek may for up to 75 To of the total point requirement. The total canopy tree requirement may be met within the half o} the site closest to the creek. c. Signs Business identification signs located within the dedicated park area will be provided by the City upon its development of the park elements within the dedicated area. G. FILL MATERIALS Fill materials must be placed or stored in accordance with a site plan approved by the Design Review Board. Fill must not be placed over existing utility lines without permission of the City of College Station. Fill must not be stored or placed under the driplines of any tree three inches (Y) or greater in caliper. Stored fill materials must be maintained in an aesthetically pleasing manner. (As amended by Ordinance No. 1819 dated September 14, 1989) Materials may be hauled in or excavated for lake construction. Zoning Ordinance Page 7 - 36 7.22 DISTRICT C -B BUSINESS COMMERCIAL A. PURPOSE: This district is intended as an alternative to general commercial districts in areas where certain commercial uses may be appropriate, but where more intensive uses of the land may not be compatible with he surrounding character. Only limited outside business activity is allowed. Outside business activity is defined as outside display of merchandise for sale but does not include outside storage of merchandise. Outside business activity locations are permitted only n areas no further than 50 feet from the building where the primary business is located and are not allowed in areas out in the parking lot. Outside business activity is not ermitted within 50 feet from any adjacent roadway. (As amended by Ordinance No. 222 dated November 20, 1996) B. PERMITTED USES: Administrative /professional offices. Alcoholic beverage sales (retail). Art studio or gallery. Cleaner (no on -site cleaning). Dance or music school. Domestic household and office equipment rental. Dormitory. Financial institution. Hotel/motel. Personal service shop. Radio or TV station or studio (no towers). Restaurant. Retail sales. Theater or motion picture house. Veterinary hospitals. (As amended byOrdinance No. 2356 dated October 22, 1998) Other uses may be considered by the Commission. C. SITE PLAN /LANDSCAPE REVIEW REQUIRED: Refer to Sections 10 and 11. D. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under Section 8.12: Night Clubs. Convenience Stores. Gasoline and Service Stations. Cleaners with on -site cleaning facilities. (As amended by Ordinance No. 2316 dated March 12, 1998) E. AREA REQUIREMENTS: Refer to Table A at the end of this section. F. PARKING REQUIREMENTS: Refer to Section 9. G. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 1904 dated September 12, 1991) Zoning Ordinance Page 7 - 37 7.23 DISTRICT R &D - RESEARCH & DEVELOPMENT AND LIGHT INDUSTRY A. PURPOSE: This district is designed for office, research and light industrial uses meeting the standards and performance criteria established in this section. These uses could be compatible with low intensity uses and all residential uses. In establishing this district the City Council of College Station recognizes that some industrial uses developed under appropriate development controls may app neighbors for areas planned, zoned or developed residentially. These uses are (hose that will meet the performance criteria established in this section and have little or no impact on surrounding areas thereby maintaining the character and integrity of neighborhoods. This district should be carefully located in areas where there is sufficient access to arterial level thoroughfares. This district is not for general retail uses. Uses are intended to be those that are free from danger of fire, explosion, toxic or noxious matter, radiation, smoke, dust and other hazards, offensive noise, vibration odor, heat, glare, or other objectionable influences that would render them incompatible with surrounding planned or existing and uses. Each development in this district shall be reviewed under Section 10 of Zoning Ordinance and each development shall meet all applicable standards set forth in the Zoning Ordinance and Subdivision Regulations. B. PERMITTED USES: The following uses are permitted as long as they meet the intent of the Purpose Statement and the performance criteria in this section. Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering or English usage. Research and Development Laboratories Small Instrument and Component Parts Manufacture and Assembly Office Equipment and Supplies Manufacturing and Assembly Offices Warehousing limited to indoors Trade or Vocational Schools Any other research, light manufacturing or use determined by the Commission to be of the same general character as the above permitted uses. Acc�essof i Uses: Child -care facilities operated for the benefit of employees of a permitted use. Living Quarters for Security Personnel or Caretaker provided such quarters are an integral part and attached to the principal structure. Recreational or Dining Facilities in connection with operations of permitted uses and for the sole use of employees and their guests. Conditional Uses: U ses that wou be of the same general character as the permitted uses but involve new technology or which involve innovative processes for existing technology may be permitted under the Conditional Use Permit Process. C. PROHIBITED USES: Prohibited uses include, but are not limited to, the following: Apparel Manufacturing Enfertainment Facilities Fabricated Metal Products Manufacturing Large and Small Recycling Facilities Mini - Storage Warehousing Rubber & Plastics Produc Manufacturing Transportation Component Manufacturing Printing and Allied Products Zoning Ordinance Page 7 - 38 D. PERFORMANCE CRITERIA: The following criteria shall be met for any use in this district. Buffer yard: The buffer yard is a combination of setback and visual barrier with the plantings required thereon. Both the amount of land and type plantings are designed to separate different zoning istricts from each other and to separate different types of land uses from each other. -Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the boundary line. They shall not be located on any portion of an P e a or dedicated public or pnvate street or right -of -way. The building setback area may be contained within the buffer yard area. Buffer areas may be excluded from the I area used to calculate landscape point requirements under Section 11, and the pplantings thereon do not count toward the required landscape points. Buffer areas shall be irrigated. Irrigation is optional when using the buffer yard with the masonry wall. Buffer areas may be used for passive recreational activities or storm water management. They may contain pedestrian, bike or equestrian trails provided that no plant material is eliminated the required width is maintained and all other regulations are met. In no event shall any active recreation activities occur such as swimming pools, tennis courts, etc. Rio parking or building shall be allowed in any buffer yard area. No required buffer yard plantings shall be located in any storm water detention area. Buffer yards must be in place prior to an approved request for R &D zoning becoming effective. Buffer yard plantings and any wall details must be approved by the City Planner prior to installation and must meet the specifications in the City of College Station's approved plant list for buffers and wall specifications. Fifty (50%) percenf of bufferyard plantings must be evergreen. Buffer yards are required in the following circumstances : (1) When this district abuts residentially zoned land or land that has been platted for residential development, (2) When this district is separated from residentially zoned land or land that has been platted for residential d by a street ((y r uired streetscape plantings shall be counted toward any required bufferyard p� (3) When this district abuts land that is not zoned or developed for residential uses but where an existing residence(s) is located within 100 feet of the R &D boundary 'line, the buffer yard shall extend 100 feet along the common property line and shall be placed in such a location as to maximize screening of the existing residence from the Proposed development and any adverse impacts of the development. This buffer yard location shall be established at the time of site plan approval and must be in place prior to building permit issuance on the R &D property. Zoning Ordinance Page 7 - 39 Buffer yards shall be designed using one of the choices below: REQUIRED PLANT UNITS /100' 4 Canopy Trees 0 16 Understory Trees( 24 Shrubs n MINIMUM PLANT SIZES Plant Unit Sampte Plantings Muttiplier per 100' Section 0,75 Canopy Trees - Z' Capper (30 gal.) Understory Trees - 5' -6' ht. (15 gal.) Shrubs - 2' -3' ht. (5 ga(.) Note #1: Masonry Wall must be a 0.75 minimum of 8" thick with foundation. When this district abuts non - residentially zoned or developed property there is no buffer yard requirement. In cases where the property does not equal a multiple of 100 feet, the buffer yard planting shall still be required, based on a percentage of the length present. If the buffer yard area is heavily wooded then additional plantings and irrigation may not required. Calculations tha result in portions of trees or shrubs (.5 or greater) shall be rounded upward. Minimum Lot Dimensions: The minimum lot width and depth shall be 100 feet each, but the minimum lot area shall also be 20,000 square feet. Impervious Surface: Impervious surface is a measure of land use intensity and is the proportion of a site occupied by impervious surfaces including, but not limited to, buildings, sidewalks, drives and parking. No more than 70% of a rot or site in this zoning district shall be covered with an impervious surface. Floor Area Ratio: Floor Area Ratio (FAR) is a non - residential land use intensity measure analogous to densit It is the sum of the areas of several floors of a building compared to the total area of site. The maximum FAR in this district shall not exceed Buildup Setbacks: The minimum building setback from all roperty lines shall be 30 feet. When abutting non - residentially zoned or used land the rear setback may be reduced to 20 feet. Zoning Ordinance Page 7 - 40 Building Height: No portion of any structure or building in this district and within 75 feet of an existing platted residential property line or within 100 feet of an existing residence on an un patted tract, shall exceed one story or 20 feet in height. When greater than 75 feet Trom a residential property line, the maximum height shall not exceed 2 stories or 35 feet.. Building Materials: All main buildings shall have not less than ninety (90 %) percent of the total exterior walls, excluding doors, windows and window walls, constructed or faced with brick, stone, masonry, stucco or precast concrete panels. Lighting: All exterior lighting designed for security, illumination, parking lot illumination or advertising shall be designed pointing downward to ensure that it does not extend into adjacent residential properties. Nighttime lighting shall be low level lighting and so situated as to not directly or indirectly extend into adjacent residential properties. Utility Service: All new utility services or upgrading of existing services shall be installed underground according to City standards. Signs: Any detached or freestanding signage shall meet the criteria established in Section 12 of the Zoning Ordinance relating to low profile signs. Materials shall match building facade materials Any applicable State and/or Federal regulations regarding the following criteria shall be followed as well. Noise: All uses and activities conducted within this zoning district shall conform to the requirements and limitations set forth in the City of College Station Code of Ordinances, Chapter 7, Section 2: Noise. Odors: No operation shall permit odors to be released which are detectable at the property line. Other District Regulations: Uses should be designed to provide adequate access and internal circulation such that travel through residentially zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7 p.m. and 6 a.m. must meef all the performance criteria established in this section, as well as limit vehicular access into the site through a designated access point that mitigates any adverse impacts of the traffic on surrounding residential areas. E. ADDITIONAL STANDARDS: This section may be applied to any conditional use proposed in this district when either the City Planner or Gity Engineer believe that the existing performance standards contained in this ordinance are insufficient to address the proposed use because of its technology or processes and thus, will not effectively protect adjacent existing or future land uses one or both shall so advise the P &Z in wnting . In such cases the Planning & Zoning Commission shall hold a hearing to determine whether a professional investigation or analysis should be performed to identify and establish additional reasonable standards. If so determined, based on the information presented at the hearing, the Planning ,& Zoning Commission will identify the areas to be investigated and analyzed and will direct the staff to conduct the appropriate research necessary to develop standards for successful management of the new project. Any and all costs incurred by the City to develop additional standards shall be charged to the applicant and included as an addition to the cost of either the building permit fee or zoning application fee. F. PARKING REGULATIONS: Refer to Section 9 G. LANDSCAPING REGULATIONS: Refer to Section 11. H. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2180 dated May 23, 1996) Zoning Ordinance Page 7 - 41 7.24 DISTRICT NG - NORTHGATE A. PURPOSE: The Northgate Area is one of the oldest urban areas within the City of College Station. The Northgate Redevelopment Plan which is incorporated herein by reference, describes the Northgate area as having_ played an important role in serving both the City of College Station and Texas A &M University and as a unique "campus neighborhood" containing local businesses, churches and off - campus housing in close proximity to the University. Existing development in the Northgate area has aged and deteriorated and as a result, needs revitalization and redevelopment. Therefore, this zoning district and zoning regulations have been designed to aid in revitalization and redevelopment that is compatible with and will serve to preserve the character of the Northgate area. This zoning district and concomitant regulations are only applicable in this area. The Northgate District, consists of three Sub-Districts (1) NG -1 Historic Northgate, (2) NG -2 Commercial Northgate, and (3) NG -3 Residential Northgate. The following standards apply to the entire Northgate District. B. DEFINITIONS: For the following purpose of this district, certain words as used herein are defined as follows: 1. REDEVELOPMENT - the revision or replacement of an existing land use or existing site through the acquisition or consolidation , and the clearance and rebuilding of this area according to a comprehensive plan. 2. SITE DEVELOPMENT - any excavation, landfill or land disturbance, including new construction, reconstruction, relocation, or change of use. 3. REHABILITATION - the process of returning a structure to a state of utility, through repair or alteration, which make possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value. 4. FACADE WORK - the removal, or replacement, substitution or change of any material or architectural element on the exterior face of a building, which includes but is not limited to painting, material change, awning or canopy replacement, signage, or other permanent visible facade treatment. 5. NEW CONSTRUCTION - the creation, relocation, or enlargement of any structure. C. REVIEW PROCESS: The following review process is hereby established for this zoning district: 1. All proposals involving site development or redevelopment in the Northgate District shall require a review by a review subcommittee of the Northgate Revitalization Board (NR B). The NRB review subcommittee shall consist of four members that are designated b y the NRB Chairperson, in conjunction with the Project Review Committee (PRC), as established under Section 10 of this Zoning Ordinance. 2. Applicants shall file an application accompanied by a site and landscape plan to the City Planner no less than ten (10) days prior to the NRB /PRC meeting at which the � roposal is to be reviewed. Application forms may be obtained from the Office of the ity Planner. 3. After a completed application has been submitted that meets all application requirements the Planning Office shall notify the applicant of the time date, and place of the kkT3 /PRC meeting. Minutes shall be kept for all NRB /PRC meetings. The NRB /PRC shall file a coppyy of the meeting inutes together with a copy of e final an approved by the NRB /PRC, certifie'd by the City Planner for compliance with fhe N1�B /PRC requirements with the City Planner. Guidelines on preparation of a site plan are set out in Section 10.1 -C and shall be reference to prepare site plans for submission. All site development and redevelopment must be conducted subsequent to and in compliance with the approved site plan and /or landscape plan. Zoning Ordinance Page 7 - 42 APPEAL: Appeals from decisions of the NRB /PRC shall be to the Planning and Zoning Commission. All appeals must be submitted in writing and within 10 days of the NRB /PRC decision to the office of the City Planner. The City Planning office shall schedule a hearing of the appeal before the Commission within 30 days from receipt of the letter of appeal. D. SPECIAL RESTRICTIONS: Recent parking and traffic studies conducted for the Northgate Redevelopment Plan reveal that there is a significant deficiency in the numbers of available parking spaces and that existing parkin and traffic facilities are sub- standard. Because each particular use has relatively different parking and traffic impacts, when reviewing a project the NRB may require additional parking and traffic impact studies, a review of existing occupancy, and other reasonable appropriate data to determine the impact of the project. Additional parking or landscaping may be required where studies reveal that it is necessary to relieve or mitigate this impact. E. SUB - DISTRICT REGULATIONS 1. SUB - DISTRICT NG -1 HISTORIC NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing historically significant structures which are included in the Northgate Historic Resources Survey, as well as structures that are eligible for inclusion in the National Register for Historic Places. This subdistrict also applies to areas containing a diversity of pedestrian- oriented retail and entertainment businesses that are in close proximity to on- campus dormitories. This zoning district shall incorporate regulations in accordance with the Northgate Redevelopment Plan which are designed to aid structural rehabilitation and pedestrian- oriented infili development in a manner compatible with the character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Alcoholic beverage sales - retail and wholesale Apartments or residential condominiums Bank Bed and Breakfast Bookstore, retail and wholesale Child Care Cleaner, dry and pressing lant, laundry and /or linen supply Commercial amusements (excluding sexually oriented commercial enterprises) Domestic household equipment rental, storage Dormitories Filling Stations Furniture, appliance store, sales, service Hardware store Public parking building or lot for operating vehicles Printing and reproduction Private lod es, fraternal Radio or TV stations or studios, (no towers) Restaurant, without drive -in Retail sales and services, under 7500 square feet Theaters and motion picture houses Any other use determined by the Commission to be of the same general character as the above permitted uses. Zoning Ordinance Page 7 - 43 c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the eneral character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Apartment Hotel (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group Housing (4) Night Clubs d. REVIEW PROCESS: (1) The review proc , rehabil ess for this section for roposals involving new construction, site development, redevelopmentitation or facade work in the NG -1 Subdistrict is the same as that established in Section 7.24C herein above. (2) Proposals involving solely rehabilitation or facade work shall require approval by the review subcommittee of the Northgate Revitalization Board (NRB), as established in Section 7.24C.1 herein above. Such proposals must be in compliance with Section 7.24E.1.e. herein below regarding the treatment of historic structures. APPEAL: Appeals from decisions of the NRB shall be to the Planning and Zonin Commission. The appeal procedures are the same as those established in 7.2 C herein above. e. HISTORIC STRUCTURES: Structures over 50 years in age that are reflected as high or medium priority structures in the Northgate Historic Resources Survey or have been determined to be eligible for inclusion on the National Register of Historic Places shall be treated using methods and materials in accordance with the Secretary of the Interior's Standards for Rehabilitation, as outlined in Attachment A. f. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of Ordinances. Refer to Table A. g. PARKING REQUIREMENTS: Off - street parking shall be as required by the NRB /PRC in accordance to parking and traffic impact study data. h. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bicycle parking spaces per business plus 1 additional space ?or each 1000 square Ieet of floor area above 2,000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per dwelling unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. i. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landsca e /streetscape improvements shall be required along at least 1/3 of the length of a property s frontage onto public streets. Doorway widths and driveways shall be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. Zoning Ordinance Page 7 - 44 (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lanting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, Fight features trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. j. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. k. PARKING SCREENING: A three foot high parking screen shall be provided when arking is adjacent to public Rig t of Way. Screening may be accomp)ished using plantings, berms, or structural elements. 1. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscapping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 2. SUB - DISTRICT NG -2 COMMERCIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing larger retail commercial uses and undeveloped land.. This subdistrict also applies to areas identified in the Northgate Redevelopment Plan as suitable for mixed -use redevelopment in close proximity to Texas A &M University. This zoning district shall incorporate regulations desi ned to aid mixed -use development and redevelopment in a manner compatible with the general character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. All permitted uses in NG -1, plus the following: Apartment Hotel Bowling alley Drive -in sales Drive -in eating establishment Hotel Motel Retail sales and services, over 7500 square feet Shopping Centers Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Fraternity or sorority houses and fraternity or sorority meeting places (2) Group Housing (3) Hospital, sanitarium, nursing home, or convalescent home (4) Night Clubs Zoning Ordinance Page 7 - 45 d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations, of the City of College Station Code of Ordinances. Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required by the NRB /PRC in accordance to parking and traffic impact study data. The offstreet parking required b the NRB /PRC shall not exceed the minimum parking requirements set forth in the Parking Requirements contained in Section l of this Zoning Ordinance. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bicycle parking spaces per business plus 1 additional space for each 1000 square feet of floor area above 2000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. g. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landscape /streetscape improvements shall be required along at least 1/3 of the lenglh of a property s frontage onto public streets. Doorway widths and driveways s11a11 be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lanting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, light features trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. Provided however, if the applicable site complies with both the Area Requirements and Landscape Requirements established for Subdistrict NG -2 and District C -1, the sign re ulations for the NG -2 Subdistrict shall be the same as those established for the r_ 1 district. i. PARKING SCREENING: A three foot higgh parking screen shall be provided when parking is adjacent to public Right of Way. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 3. SUB - DISTRICT NG -3 RESIDENTIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing a variet of residential uses and structures, some of which may be historically significant and included in the Northgate Historic Resources Survey. This subdistrict also applies to areas determined to be suitable for higher density residential developments due to its close proximity to Texas A &M University. This zoning district incorporate regulations in accordance with the Northgate Redevelopment Plan, which are designed to aid pedestrian - oriented redevelopment in a manner compatible with the residential character of the Northgate area. Zoning Ordinance Page 7 - 46 b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Townhouses Apartment(s) and Apartment buildings Convalescent homes Home occupations Dormitories Parking lots associated with other permitted uses in this district Rooming and Boarding houses Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Bed and Breakfast (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group housing d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of'Ordinances. Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required by the NRB /PRC in accordance to parking and traffic impact study data. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of a minimum of r bicycle space per dwelling unit. In no case shall more than 20 bicycle parking spaces per apartment project be required. g. LANDSCAPE REQUIREMENTS: Refer to Section 11 of the Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. i. PARKING SCREENING: A three foot high parking screen shall be provided when arking is adjacent to public Right of Way. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. EXEMPTIONS: Legally nonconforming structures and uses shall refer to Section 10 of this Zoning Ordinance to determine whether and to what extent they are exempt from the requirements in this ordinance. (As amended by Ordinance No. 2183 dated June 13, 1996) Zoning Ordinance Page 7 - 47 7.25 DISTRICT PDD PLANNED DEVELOPMENT A. PURPOSE: The Planned Development Districts (PDD) accommodate proposals for the same or similar uses to be developed as integrated units such as offices, commercial or service centers, shopping centers, industrial uses, residential developments or proposals where any appropriate combination of uses which may be planned, developed or operated D as integral land use units either by a single owner or a combination of owners. AA D may be used to permit new or innovative concepts in land utilization not ermitted by other zoning districts in this ordinance. It may also be used to permit developments that existing districts do not easily accommodate. While greater flexibility is given to allow speciar conditions or restrictions which would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. The PDDs are appropriate in areas where the land use plan reflects either the specific uses proposed in the PDD or where the land use plan reflects mixed use as a land use category. B. PERMITTED USES: Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use if consistent with the following categories: 1. Planned Development District - Housing (PDD -H) - Any use permitted in the residential zoning districts is permitted in a PDD- development excluding uses listed below. 2. Planned Development District - Business (PDD -B) - Any use permitted in the office and commercial zoning districts is permitted in a PDll -B development, excluding uses listed below. 3. Planned Development District - Industrial (PDD -I) - Any use permitted in the R &D or industrial zoning district is permitted in a PDD -I development, excluding uses listed below. 4. Planned Development District - Mixed Use (PDD -M) - Any combination of uses permitted in the residential, office, commercial or industrial zoning districts are permitted in a PDD -M development, excluding uses listed below. C. PROHIBITED USES: The following uses are not allowed in any PD District: Sexually Oriented Enterprises Mobile or Manufactured Housing D. PLANNED DEVELOPMENT REQUIREMENTS: Requests for a PDD designation shall be processed as a rezoning request and shall follow the procedures stated in 'section 17 of this ordinance unless otherwise specified in this section. The development plan for the proposed PDD shall be required that shows the location of the lanned development and the relationship of the various land uses included in the development. The form and content of the development plan shall be in sufficient detail to enable the Planning and Zoning Commission to evaluate the proposal and ascertain that it meets the following: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area. 2. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan including all its elements and will be consistent with the intent and purpose of this section. 3. The proposal will not adversely affect adjacent development. 4. Every dwelling unit has access to a public street directly or via a court walkway or other public area or area owned by a homeowners association, but need not front on a public street. Zoning Ordinance Page 7 - 48 5. The provisions for parking spaces for all uses will be as established in Section 9 of this ordinance. Alfernative pparking standards may be allowed where the applicant provides evidence showing fhe alternative is acceptable to the City and meets the intent of Section 9. Development requirements for each separate PD District shall be included as a part of the development plan for each PD District and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ration, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project _phasing or scheduling management associations, and other requirements as the City council and Planning ana Zoning Commission may deem appropriate. The preparation of preliminary and final plats for the development shall be prepared in accordance with the provisions of the Subdivision Regulations and with any modifications approved by the Planning and Zoning Commission or City Council on the development plan. The preparation of site plans for the development shall be in accordance with the provisions of the Zoning Ordinance and with any modifications approved by the Planning and Zoning Commission or City Council. E. The PD District shall be designated as a zoning district on the City Zoning Map once Council approves the PDD. F. The Ordinance grantingg a PD District shall include a statement as to the purpose and intent of the planned develo ment granted therein. All specific conditions of approval that are imposed by the City Council shall be listed in the PDD ordinance and development plans shall be referenced as attachments. G. SPECIFIC DEVELOPMENT CRITERIA: Buffer Yards: Each proposed development shall be reviewed to determine the compatibility of the development with surrounding and uses. Open space buffers shall be required o separate land uses within the planned development from land uses adjacent to the planned development unless it is determined by the Planning and Zoning Commission that no incompatibility exists between the land uses. No structure, pparking lot, equipment pad, or other manmade construction not approved by the City s1 be placed in an open space buffer. Buffer yard choices shall, at a minimum be those found in Section 7.23 R &D District, subsection D. Performance Criteria. Wider buffer yards may be required by the Planning & Zoning Commission where necessary to mitigate negative impacts of more intense uses on less intense uses either within the PDD or between the PDD and adjacent uses or districts. Buildin Hei hts: Where structures within the planned development are proposed to exceed t irty- ive feet (35') in heigght on land adjacent to any residential use or an residential or agricultural zoning disfricts, such structures shall be located a minimum of one foot (1') from the boundary of the open space buffer described in Section F above for each two feet (2') of h eight over thirty five feet (35'). Access and Frontage: Planned developments designated as PDD -B, PDD -I, or PDD -M shall have fron tage ong and access to major arterial streets on at least one side of the proposed development. Access through a residential area to a PDD -B, PDD -I, PDD -M via a local street (as defined in the City's Subdivision Regulations) is prohibited. H. CONDITIONS OF APPROVAL: The Planning and Zoning Commission or City Council shall not approve a planned development if it finds that the proposed planned development: 1. does not conform with applicable regulations and standards established by this ordinance; Zoning Ordinance Page 7 - 49 2. is not compatible with existing or permitted uses on abutting sites or with uses internal to the PDD, in terms of use, building height, bulk and scale, density, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section; 3. potentially creates unfavorable effects or impacts on other existing uses in the area or potential permitted uses in the area that cannot be mitigated by the provisions of this section; 4. adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; 5. fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; 6. adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or 7 will be detrimental to the public health, .safet , welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by he Commission or City Council. 8. does not enerally comply with the policies adopted in the Comprehensive Plan of the City o, College Station. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the Subdivision Regulations and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Meritorious modification of these standards may be considered. J. Overall density in any planned development shall not exceed that shown on the Land Use Plan for the particular location. Lesser densities may be required to ensure compatibility with surrounding existing neighborhood densities. K. The gg.ranting of a PDD designation shall not relieve the developer from responsibility for complying with all other applicable sections of the Zoning Ordinance, and other codes and ordinances of the City of College Station unless such relief is specified in the approved development plan. L. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service an d parking areas, common open spaces, buffer areas and common recreational areas at the time the development plan is submitted. If an owners association shall be reviewed by the City to assure compliance with the provisions of this ordinance. M. All Planned Development districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map.. A list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the office of the City Planner. N. All changes of use from those approved in the original PDD shall require Planning & Zoning Commission approval. Minor additions and modifications o the approved development plans meeting the criteria below shall be approved by the City Planner: 1. Minor additions to structures, with a floor area no larger than 10 percent of the existing floor area of the main floor, not to exceed 5,000 square feet. 2. Minor new accessory structures if the location does not interfere with existing site layout (e. . circulation, parkin , loading, storm water management facilities, open space, landscaping or buffering. Zoning Ordinance Page 7 - 50 3. Minor additions to parking lots comprising no more than 25 percent of the original number of parking spaces required, not to exceed 25 spaces. 4. Clearing or grading that does not exceed 5,000 square feet in area. 5. With Council authorization on the originally approved development plan there may be an increase of no more than 25 percent of the total number of dwelling units for single - family attached or multi - family developments as long as the maximum allowable density shown on the land use plan is not exceeded. (As amended by Ordinance No. 2297 dated January 7, 1998) Zoning Ordinance Page 7 - 51 DISTRICT USE SCHEDULE - TABLE A Dist. Min. Lot Min. Lot Min. Lot Min. Front Min. Side Min. Side Min. Rear Max. Max. Net Area /DU Width Depth Setback Setback St. Setback Setback Height DU /AC RESIDENTIAL DISTRICTS A-0 5 acres 50' 20' 15' 35' R -1 5,000 SF 50' 100' 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 8.0 R -IA 4,000 SF none none 25'(D) 7.5'(C) 15'(F) 20'(F) 2.5 story/35' 10.0 R -113 8,000 SF none none 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 6.0 R -2 3,500 SF 35'(E) 100' 25'(D) 7.5'(C) 15'(F) 20'(F)(H) 2.5 story/35' 12.0 R -3 2,000 SF 20' 100' 25'(D) (A)(B) 15'(F) 20'(F) 35' 14.0 R-4 25'(D) (A)(B) 15' 25'(F) 2.5 story/35' 16.0 R -5 25'(D) (A)(B) 15' 20'(F) 45' 24.0 R-6 Lot area, setbacks, height determined by site plan review; density above 24 DU /acre determined by City Council R -7 See Mobile Home Park Ordinance. NG -3 No Minimum 15' 60' no max. (1) PUD Sec. 7.19 for restrictions. A -OX 2.0 Acres 50' 15' 15' 25' 35' A -OR 1 Acre 50' 25' 25' 50' 35' 1.0 COMMERCIAL DISTRICTS C -N Sec. 7.10 24' Sec. 7.10 25' (A)(B) 15' 15' 35' A-P, C- 1, C-2*, C-3, CB 24' 100' 25' (A)(B) 15' 15' NG -1 01 0) (B) 0' 15' 50' NG -2 0'(J) (B) 0' 15' None(J) C -PUD Sec. 7.20 for restrictions. *When C -2 abuts single family residential, duplex, or townhouse development or zoning districts. 24' 100' 25' 40' 15' 40' 35'(G) INDUSTRIAL DISTRICTS M -1 100' 200' 25' (A)(B) 15' 15' M-2 25' (A)(B) 25' 15' A - A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. B - Lot Line construction on interior lots is allowed where access to the rear of the building is provided on the site or by dedicated right -of -way or easement. C - Zero lot line construction of residence is allowed where property on both sides of lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single family residence or duplex be built within 15 feet of another building. D - Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. E - The minimum lot width for duplex dwelling may be reduced to 30 ft. /DU when all required off - street parking is provided in the rear or side yard. Zoning Ordinance Page 7 - 52 F - The following restrictions shall apply to accessory buildings, structures or uses other than garages, carports and living quarters for family or servants: a minimum rear setback of 15 feet is required; and a maximum building eaves height of 8 feet is allowed. The following restrictions shall apply to garages and carports: a minimum rear setback of 20 feet is required; and a minimum side street setback of 20 feet is required for garages or carports that face onto side streets. The following restrictions shall apply to accessory buildings or structures used for living quarters for family or servants: a minimum rear setback as stated in Table A above for the district in which the accessory building or structure is located is required; and a maximum size not to exceed 25% of the area of the principal structure is allowed. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than 30% of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures or uses. G - The maximum building height may exceed 35' if all setbacks observe an additional setback of 2' for every foot above 35' of building height. H - Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. I - Minimum Density of 12 DU /Acre required. J - If structure is higher than 50 feet a 25' setback from public Right of Way is required. DU- Dwelling Unit. DU /Acre - Dwelling Units per acre, in the zone, under one ownership excluding streets, parks, etc. Min. Lot Width - Lot Width at front setback line. (As amended by Ordinance No. 2183 dated June 13, 1996) Zoning Ordinance Page 7 - 53 SECTION 8. SUPPLEMENTARY DISTRICT REGULATIONS The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this section. 8.1 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 defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property nines intersection; except that fences, walls, and /or hedges may be permitted f rovided that such fences, walls, and /or Fledges do not impair vision from three (3) feet to six 6) feet above the curb line elevation. 8.2 ACCESSORY BUILDINGS /STRUCTURES No accessory building /structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building /structure if the Building Official has determined that it does not require a building permit. 8.3 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. 8.4 NUMBER OF PRINCIPAL STRUCTURES ON A LOT OR BUILDING PLOT: (As amended by Ordinance No. 2432 dated January 27, 2000) In any single family residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot. In all districts, more than one (1) structure housing a permitted principal 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 building plot. 8.5 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 protection and not intended for occupancy. 8.6 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. AIl 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. Zoning Ordinance Page 8 - 1 8.7 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. A. 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 propperty line to a depth of the setback specified for the district in which the lot is located. T[ie required front setback line represents the line in front of which no building or structure may be erected except that orches and steps open on three (3) sides located along not more than one -half (1/2 of the the 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. B. 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 (b) feet. C. 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. 8.8 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 transportingg recreational equipment, whether occupied by such equipment or not. No such equipment shn 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. 8.9 PARKING AND STORAGE OF CERTAIN VEHICLES Automotive vehicles or trailers not bearing urrent license plates and state motor vehicle inspection stickers or not in operating condition shall be parked or stored on any residentially zoned property on'1y in completely enclosed buildings. Excepted from this are vehicles being repaired or serviced in compliance with the definition of Automobile Repair Shop. 8.10 SCREENING FENCES REQUIRED 1. Where there is a common side or rear lot line or lot lines between commercial or industrial land and developed residential areas, the owner of said 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. 2. Where there is a common side or rear lot line or lot lines between apartment land and developped 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. 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 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. Pence shall be erected prior to construction. Zoning Ordinance Page 8 - 2 8.11 SHOPPING CENTERS MULTIPLE BUILDING COMPLEX AND LARGE PROJECTS IN GENERA, 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 subsection shall be restricted to the review of the impact of such project on: (1) the neighboring land and environment, (2) traffic generation, (3) proposed circulation patterns and implications to safety in the rolect area, and (4) the resultant impact of such traffic generation and circulation upon adjacent street systems. The Zoning 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 or - Zoning Official. The building permit, when issued, shall require construction according to the approved plot plan, construction plans and specifications. 8.12 CONDITIONAL USES The following conditional uses may be permitted in any district when they meet special regulations and conditions prescribed by the Planning and Zoning Commission upon recommendation of the Project Review Committee through the issuance of a Use Permit (See Section 14). Detailed examination of proposed location and use characteristics is necessary to maximize compatibility. Child Care. Convalescent homes. Churches. Medical clinics. Pharmacies. Public libraries. Community buildings (municipal or non - profit organizations). Hospitals, sanitariums, or nursing homes. Municipal service facilities and buildings (excluding parks which are permitted in any district). Public or private parking lots and any related accessory use. Schools, public or denominational. Telephone exchanges. (As amended by Ordinance No. 1712 dated June 25, 198 7) Temporary retail sales of concrete products (as associated with the temporary buildings and equipment permitted under 8.14 above . (As amended by Ordinance 1Vo. 235 dated October 22, 1998) Zoning Ordinance Page 8 - 3 8.13 CONTROL CONTAMINATION OF THE AIR WATER OR THE ENVIRONMENT AND TO SAFEGUARD THE IfEALTH, SAFETY AND WELFARE OF TIE PEOPLE. A. No machine, process or procedure shall be employed on any property in the City, in which: 1. Emission of smoke, dust, noxious, toxic, or lethal gases are detectable beyond the perimeter of the property. 2. 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 ppropperty which are noxious, toxic, radioactive, contain oil or grease wood or cellurose fibers, hair, feathers, plastic, or have a pH factor above {en ( t ) or below five (5). 3. Vibration is discernible beyond the property line. 4. Noise above the ambient noise level is discernible beyond the property line. 8.14 TEMPORARY BUILDINGS AND EQUIPMENT Temporary buildings and equipment for uses incidental to construction work on remises are allowed in any zone but shall be removed upon the completion or abandonment of construction work. None shall be located on any public street at any time during construction. 8.15 PARKS ARE ALLOWED IN ANY ZONE. 8.16 YARD FENCES Fences of wood, chain -link or similar material, and less than eight (8') feet in height; and fences of brick, stone, concrete or similar material, .and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit. 8.17 TEMPORARY SALES OFFICES AND MODEL HOMES May be located within residential districts as part of an on -going residential development. Any temporary sales office or model home shall be removed or converted to a use permitted within the district when Certificates of Occupancy have been issued to 80% of the associated residential units or when use as a sales office or model home has ceased. Signage shall be limited to one (1) sign not exceeding sixteen (16) square feet, either attached or freestanding. If freestanding it shall not be within any right -of -way. Zoning Ordinance Page 8 - 4 8.18 RECYCLING FACILITIES A. PURPOSE: The purpose of this section is to establish standards for large and small rec cling facilities that will encourage recycling by offering convenient, versatile drop - ofrpoints. Certain standards that regulate signage, fencing and screening, hours of operation, security, setback sight clearance, landscaping, parking and noise are necessary to ensure that all o&r goals and objectives of t>'ie comprehensive plan are met. B. DEFINITIONS COLLECTION FACILITY - LARGE: A recycling facility located on an independent site, or larger than 500 square feet, where limited mechanical processing may or may not occur, depending on the zoning district in which the facility is located. COLLECTION FACILITY - SMALL: A facility that occupies no more than 500 square feet, and provides containers for collection only of source separated recyclables, with no power -driven processing equipment on site. Small collection facilities are normally located on parking lots of the host use. These may include, but are not limited to, bulk reverse vending machines, a grouping of reverse vending machines that exceed 50 square feet, kiosk type structures that may include ermanent structures, and unattended recycling bins placed for the donation of recyclable materials. RECYCLABLE MATERIALS: Those materials specifically listed at a particular site as acceptable. Such materials may include, but are not limited to,. aluminum products, clean glass containers, bimetal containers, newspapers, magazines, periodicals, plastic containers, yard waste, paper and cardboard, phone books, and scrap metal. RECYCLING: The separation, collection, processing, recovery and sale of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste, which are intended for reuse, re- manufacture, or re- constitution for the purpose of using the altered form. RECYCLING BIN: A container used to collect recyclable materials, at which no fee is collected from the person depositing the materials. REVERSE VENDING MACHINE: An automated mechanical device which accepts at least one or more types of beverage containers includin�, but not limited to, aluminum cans, glass and plas bottles, and which issues a cash refund or a redeemable credit slip. Sorting and processing occurs entirely within the machine. REVERSE VENDING MACHINE - BULK: A reverse vending machine that is larger than 50 square feet and is designed to accept more than one container at a time and to pay by weight. For the purpose of these restrictions, bulk reverse vending machines will e considered small collection facilities. REVERSE VENDING MACHINE - SINGLE FEED: A reverse vending machine that accepts materials one item at a time. C. SINGLE FEED REVERSE VENDING MACHINES: Single feed reverse vending machines may be located with a mit either in the interior or immediate exterior or commercial, industrial, or publi er c facilities. D. SMALL COLLECTION FACILITIES: Each project shall receive Project Review Committee review. Small collection facilities may be permitted when established on an improved surface in conjunction with an existing commercial or industrial use or public facility. The host facility must be in compliance with all City codes. No facility may occupy more than five hundred (500) square feet, nor occupy more than five (5) pparking spaces of the host site. All vehicular and pedestrian circulation aisles sFiall be unobstructed. Setbacks: Each facility shall be set back at least ten(10) feet from any Right of Way line when located in front of the host use. Side, side street, and rear setbacks established for commercial uses shall be maintained. Zoning Ordinance Page 8 - 5 Containers intended for 24 -hour donation of materials shall be at least forty (40) feet from any property zoned or developed for residential use. Attended facilities within 100 feet of residentia zoned or developed property shall operate only between the hours of 9:00 a.m. and 7:00 p.m. Landscaping: A small collection facility shall not be placed on the host site in such a manner as to impair the landscaping required for the subject site. Parking One space will be required if an attendant is provided. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the minimum number required by ordinance for the host site. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shaft not exceed 70 dBA. Signage: Each container must be clearly labeled with a sign, limited to one per container and no larger than twenty (20) percent of the side upon which the sign is placed, to provide inTormation pertaining to the type of material to be collected within the container, and the name and telephone number of a person responsible for maintenance who may be contacted at all times. E. LARGE COLLECTION FACILITIES: Each project shall receive Project Review Committee review. Large collection facilities may be located in any commercial district upon receipt of a Conditional Use Permit, and shall be a permitted use in any industrial zoning district. Any facility located within 500 feet from propert zoned or developed for residential use shall not be in operation between 7:00 p.m. and Y:m a.m. Mechanical processing may be permitted in C -1 C -2, and in any industrial district. Light processing, including compacting, baling, an� shredding, must be directly related to efficient temporary storage and shipment of materials. No facility as described in this subsection shall abut property zoned or developed for low density residential use. Setbacks and Landscaping: Setbacks and landscaping shall be those provided for the zoning district in which the facility is located. No lot line construction shall be permitted. Parking: A minimum of six (6) spaces shall be provided, plus one space per employee and for each vehicle of the facility. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shaft not exceed 70 dBA. Signage: Each container shall be clearly marked to specify materials that are accepted. The name and telephone number of the operator, and the hours of operations shall be conspicuously displayed. All sign regulations of the district in which the facility is loca ed shall apply. Screening: Each facility shall be screened from the public right = of -way by operating in an enclosed -building with no outside storage or by operating within an area enclosed by an opaque fence at feast eight 8) feet in height. (As amended by �rdinance No. 1905 dated September 12, 1991) Zoning Ordinance Page 8 - 6 8.19 OV CORRIDOR OVERLAY DISTRICT (As amended by Ordinance No. 2151, October 12, 1995) A. In the event that an area is rezoned to apply, the overlay district, this district shall apply to all multi - family, commercial, and in ustrial property, and where applicable to single family, duplex or townhouse development. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. B. PURPOSE: This district is established to enhance the image of key entry points, major corridors, and other areas of concern as determined by the City Council, by maintainin g a sense of openness and continuity. in cases of conflict between this overlay district and the underlying zones, the more restrictive regulation shall apply. C. SETBACKS: All buildings will be set back 40 feet from the Right of Way (R.O. W .). Where parking is located in the front of the building, there shall be a front setback of 0 feet from the R.O.W. to the parking area. D. BUILDING AESTHETICS: Building colors shall be harmonious with the existing man- made or natural environment, and only compatible accent colors shall be used. AlFcolors shall be approved by the Project Review Committee (P.R.C.). Elevation drawings and color samples must be provided by the applicant. E. SIGNS: Signs shall include no more than three colors and two lettering styles. At least one of the colors must match the predominant colors of the building. Freestanding signs shall be limited to the restrictions of Table I, but shall not exceed the height of the building. No flags, pennants, banners, or other wind -driven devices will be permitted except for a 30 day period during the opening of an establishment. F. LANDSCAPING: Reserved. (As amended by Ordinance No. 2317 dated March 12, 1998) G. ELECTRICAL UTILITIES: (a) All future feeder lines along University Drive shall be installed underground. (b) Overhead distribution lines may be permitted along rear property lines and no farther up side roperty lines than is necessary to access the rear property line of an adjacent property. (c) All customer service facilities (primary or secondary) within the Overlay District shall be underground. H. STORAGE: Outside storage or display shall be screened from the roadway. I. SCREENING: If arking is in front of the building, it must be screened by: an earth berm thatmeasures three (3) feet in height with a slope and profile that is easily maintainable OR a planting strip that is continuous and measures three (3) feet in height at the end of one growing season. Vegetation used for screening purposes shall not accrue points toward the landscape requirements OR a masonry wall that matches the architectural style and color of the development. OR a combination of any of the three screening methods mentioned above. Walls and planting strips shall be located at least two (2) feet from any parking area. Screening must be maintained during the life of the development. Zoning Ordinance Page 8 - 7 Where the street and the adjacent site are at different elevations, the P.R.C. may alter the height of the screening to ensure adequate screening. J. Dumpsters shall not be visible from any R.O.W. K. SPECIAL RESTRICTION FOR GASOLINE SERVICE STATIONS: In cases where the underlying zoning district permits gasoline services stations and a station is proposed, the following restrictions shall apply: 1. ACTIVITIES RESTRICTED: no major emergency auto repair. no body, fender, or paint work. no sale or rental of vehicles. all activities except those associated with fuel pumping must be conducted within an enclosed building. service bays and car wash bays shall be oriented to face away from any R.O.W. Where this is impossible, screening methods will be required. 2. SETBACKS: Front Side Rear Side Street Main building 40' 25' 25' 25' Fuel pumps 50' 25' 25' 25' Canopies 40' 15' 15' 15' 3. STORAGE AND DISPLAY: - no outside storage or display of merchandise. - storage tanks must be located below grade. - no outside storage of vehicles. - ice and vending machines must be enclosed in a building. - no additional advertising within view of the R.O.W. 4. SIGNS - sign height shall be restricted by the provisions of Table I, but shall not exceed the height of the building. - one detached sign and two attached signs will be permitted. - no freestanding fuel price signage shall be permitted. - signs for air, water and other similar services or products must meet the criteria for exempt signs. (As amended by Ordinance No. 1926 dated November 20, 1991) Zoning Ordinance Page 8 - 8 8.20 WIRELESS TELECOMMUNICATION FACILITIES (WTF) (As amended by Ordinance No. 2288 dated December 11, 1997) A. The purpose of this section is to establish clear regulations pertaining to wireless telecommunications facilities that are consistent with f and state law. The City Council of the City of College Station finds that: It is in the public interest to romote competition in high quality telecommunications services and the availability oT broadband transmission services to all residences and business. It is in the ublic interest for the City to protect the public safety and welfare, safeguard community -land values, promote orderly planning and development and preserve historic sites, structures and areas. Wireless telecommunications facilities should not be allowed to detract aesthetically from the visual quality of surrounding properties or the City. The proliferation of wireless telecommunications facilities negatively impacts the appearance and character of the community. Therefore the City should endeavor to minimize the size, number and obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly encouraged to mitigate negative visual impacts and reduce the total number of towers within the City. B. WTF USE CATEGORIES: In order to expedite the siting and review process WTF's have been divided into use categories. The review process is more fhorougb as the intensity of the use increases. 1. UNREGULATED FACILITIES: The WTF's listed below are not regulated by this ordinance and do not require review or approval. This does not exempt these facilities from other applicable city codes, ordinances, and permits. a. Direct -to -home service antenna, citizen's radio band antenna, amateur radio antennas. b. Parabolic antenna less than 2 meters in diameter. C. Omni - directional antenna (whip antenna) 6" or less in diameter and not extending more than 12' above support structure. d. Directional antenna 1 meter or less measured across the longest dimension and not extending over 12' above support structure. e. Public safety tower or antenna. 2. INTERMEDIATE FACILITIES: a. New transmission tower less than 35 feet (10.5 meters) in height. b. Parabolic antenna over 2 meters in diameter. C. Omni - directional antenna (whip ntenna greater than 6" in diameter and /or extending 12' above the support structure. d. Directional antenna more than 1 meter measured across the longest dimension and extending over 12' above support structure. e. Attached WTF's. 3. MAJOR FACILITIES: New transmission tower greater than 35 feet (10.5 meters) in height. Zoning Ordinance Page 8 - 9 C. GENERAL REGULATIONS 1. ZONING All Intermediate WTF's are permitted in the following zoning districts: A -O M -1 C -1 PDD (except PDD -H) A -P R &D C -2 C -B WPC NG C -3 M -2 Major WTF's are permitted in the following zoning districts: M -2 Major WTF's are allowed in the following zoning districts with a Conditional Use Permit as discussed in Section D -3: A -O M -1 C -1 C -3 A -P R &D C -2 2. SETBACKS: The standard setbacks for each zoning district will apply to WTF's with additional setbacks or separation being required in the sections below. To protect citizens in their homes, transmission towers shall be placed a distance equal to the height of the tower away from any residential structure or R -1, R -1 A, or R -2 zone boundary. 3. PROXIMITY TO MAJOR THOROUGHFARES: To preserve and protect the City's major thoroughfares and entrances to the City, additional setbacks are placed on WTF's proposed to be placed near these areas. The setback for these areas is determined by measuring from the centerline of the right -of -way of the thoroughfare. Applicable thoroughfares include freeways and expressways, major arterials and minor arterials, as shown on the Thoroughfare Plan. a. Intermediate WTF's must be 150' from applicable thoroughfares. b. Major WTF's must setback from applicable thoroughfares by the height of the tower x3. 4. SEPARATION BETWEEN TOWERS: In order to prevent tower proliferation and protect the City's natural beauty and skyline, the number of transmission towers per square mile has been limited. new transmission towers must be placed a minimum distance from existing towers as described here: a. New transmission towers 35 feet or less in height shall be separated from existing towers by a minimum distance of 1500 feet. b. New transmission towers more than 35 feet and less than 100 feet in height shall be separated from existing towers by a minimum distance of 2500 ft. C. New transmission towers 100 feet or more in height shall be separated from existing towers by a minimum distance of 3500 ft. 5. HEIGHT LIMITATIONS: All WTF's are subject to the normal hei ht restrictions for each zoning district where permitted by right. In any zoning dgstrict where a tower is a conditional use, the allowable height is determined through the review of the visual impact analysis. In no case shall a proposed transmission tower exceed 150' within the city limits, except where a height variance is granted by the Zoning Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating on a proposed site within the city limits. 6. LANDSCAPING SCREENING AND AESTHETIC STANDARDS: The following requirements shall govern any transmission tower or any parabolic antenna larger than 2 meters. Zoning Ordinance Page 8 - 10 a. Landscaping: Refer to Section 11 of the Zoning Ordinance. Plant materials and /or fencing that effectively screens the WTF site from view of the public right -of -way will be required. b. New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or be painted in accordance with any applicable standards of the FAA (unfinished galvanized steel is not acceptable). C. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. WTF's shall not be artificially lighted with the exception of motion detectors as security lighting, unless r uired by the FAA or other applicable authority. If lighting is required, the Cify may review the available righting alternatives and approve the design that would cause the least disturbance to the surrounding properties. e. Towers may not be used to exhibit any signage or other advertising. 7. SPECIAL DISTRICTS AND OVERLAY DISTRICTS: Special districts have been established in the City for the purpose of protecting their historical significance and aesthetic qualities. In some cases, WTF's are allowed in these areas with the following restrictions. To preserve the aesthetic beauty and architectural significance and promote economic growth, intermediate use WTF's (except new transmission towers) are allowed in the listed districts. They shall be placed behind the imaginary front of the most major (largest gfa) structure on site or behind any building }ace abutting a right -of -way. Additionally, they must be located out of sight of public right -of- -way e_lh er by screening, strategic siting or stealth technology. These requirements pertain to the following special districts: 1. North ate 2. Wolf Pen Creek 3. Overlay Districts 4. PDD (except PDD -H) 5. C -B\ 8. STEALTH TECHNOLOGY DESIGN: Any WTF with appropriate stealth technology design approved by the Planning & Zoning Commission may be located in any zoning district. Approved WTF s do not Have to meet the additional setbacks for tower separation (section C.4) or thoroughfares (section C.3). 9. ATTACHED WTF'S: WTF's may attach to the exterior of any non - residential and non - historic building within any zoning district provided the antenna and antenna support structure or equipment is mounted flush with the vertical exterior of the building or ro no more than 24 inches from the surface of the building to which it is attached and does not raise the height of the building more than Meet and does not violate the maximum height restriction of that zoningg district. The attached WTF must be textured and colored so as to blend with the surrounding surface of the building. D. REVIEW PROCESS 1. WTF REGISTRATION: All intermediate and major WTF's must be registered with the City. This will allow the City to keep track of all WTF's within the city limits, facilitate the review process and aid in long range planning. Zoning Ordinance Page 8 - 11 2. SITE PLAN REVIEW: Site plans shall be submitted pursuant to the provisions of Section 10 of the zoning ordinance. All property owners within 500 feet of any O ro erty line of the host site for the WTF site shall be notified by the Planning ffice. In addition to the requirements set forth in Section 10, the following is required: a. A WTF Facility Plan drawing that identifies the location, height, and type of all existing applicant -owned wireless telecommunications facilities in Brazos County and the proposed facility must be submitted. b. The location type, and height of the proposed facility. At least three collocation alternatives to the applicant's development proposal along with proof of a genuine effort in collocating on or attaching to an existing support structure. A certified letter addressed to potential lessors is required in addition to evidence that demonstrates that no existing tower or support structure can accommodate the applicant's proposed WTF. Any of the following may be submitted as evidence: (1) No existing structures are located within the geographic area required to meet applicant's engineering requirements. (2) Existing structures are of insufficient height to meet applicant's engineering requirements. (3) Existing structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (4) Electromagnetic interference would be caused between the proposed and existing facilities. (5) The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing support structure for sharing exceed those for new tower development. (6) The applicant demonstrates that there are other limiting factors that render existing structures unsuitable. C. A visual impact analysis, presented either with drawings or photographs. Four views or elevations shall be submitted looking toward the site (typically north, south, east and west), including site and the surrounding properties measured from the center point of the tower out to a distance equal to three times the height of the proposed tower. This drawing will depict a " skyline" an view showing the entire height of the proposed tower d the structures, trees, or any other objects contributing to the skyline profile. The proposed tower, drawn to scale, should be included in the view. d. Certification of compliance with FCC regulations and emission standards. e. Notification of an impending Environmental Assessment required by the National Environmental Protection Agency (NEPA) and a copy when the assessment is completed. f. A letter addressed to the City declaring an intent and willingness to construct a proposed tower that would allow at least 2 other service providers to locate here. 3. CONDITIONAL USE PERMITS: Some major WTF's must receive a conditional use _permit (CUP) (section C.1) under the procedures set forth in Section 14 of the zoning ordinance. In addition to the standard guidelines, the following additional factors shall be considered by the Planning & Zoning Commission when determining whether to grant a CUP for WTF's: a. height of the proposed tower, surrounding topography and surrounding tree coverage and foliage as they relate to: Zoning Ordinance Page 8 - 12 (1) skyline impact, examining whether the proportions of the structure appears to dominate or blend in with the surrounding environment. (2) shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use of enjoyment of surrounding properties. b. design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. c. proximity of the tower to residential structures and residential district boundaries. d. economic impact on adjacent and nearby properties. e. proposed ingress and egress. f. availability of suitable alternatives and /or existing support structures. E. ABANDONMENT Any WTF that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such a facility shall remove same within 60 days of receipt of notice from the City notifying owner of such abandonment. If such facility is not removed within said 60 days, the City may, remove such facility at the property owner's expense. If there are two or more users of a single WTF, then this provision shaI] not become effective until all users cease operations on the tower. (As amended by Ordinance No. 2288 dated December 11, 1997) Zoning Ordinance Page 8 - 13 8.21 NEIGHBORHOOD PRESERVATION OVERLAY (As amended by Ordinance No. 2432 dated January 27, 2000) A. In the event that an area is rezoned to apply this preservation overlay, this district shall apply to all single- family residential property in the underlying district. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to applied in addition to the underlying use and site restrictions. B. In addition to the requirements of the District Use Schedule - Table A, the following minimum lot area requirements apply to single family residential property: (a) The minimum lot size is the platted lot or building plot as it existed on the effective date of this ordinance; or, (b) For new lots or building plots created by subdivision, platting, replatting or partition, a minimum of 8,500 square feet. Zoning Ordinance Page 8 - 14 SECTION 9. MINIMUM PARKING REQUIREMENTS 9.1 PURPOSE It is the purpose of this section to establish the guidelines for off - street parking spaces consistent with the proposed land use to: 1. Eliminate occurrence of non - resident on- street parking in adjoining neighborhoods. 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space. 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. 9.2 OFF - STREET PARKING SPACES REQUIRED In all districts, for all uses, at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, there shall be provided off - street parking spaces for motor vehicles in accordance with the requirements specified herein. A. DIMENSIONS AND ACCESS (See illustrations at end of this section): (As amended by Ordinance No. 2317 dated March 12, 1998) 1. Each off - street parking space for automobiles shall have an area of not less than nine feet by twenty feet (9' x 20'). An eighteen foot paved space may be utilized where an additional two feet 2' of unobstructed area is provided for vehicle overhang. 2. Each off - street parking space for truck unloading shall have an adequate unloading area. 3. Each parking space and the maneuvering area thereto shall be located entirely within the boundaries of the building plot except as set forth in Chapter 3, College Station City Code. 4. There shall be adequate providsions 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, arterial or collector streets as reflected in the Comprehensive Plan for the City of l College Station. Circulation aisles between or adjacent to head -in (90 degree) parking spaces shall be a minimum of twenty -three (23) feet in width. One way circulation aisles with angled parking shall be a minimum of twenty (20') feet. All other circulation aisles shah be determined by the Project Review Committee. 5. From the public right -of -way, there shall be a twenty -four (24') setback to act as a landscape reserve. - Existing trees of four inch (4" ) caliper or more must be preserved (these may count toward street tree requirements). Parking may be allowed in this area but at a maximum of seven (7) contiguous spaces and only if they are screened. More than one series of seven (7) spaces may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Paved areas that are not arranged as parking spaces may be permitted within the 24' landscape reserve, but at a maximum of 1134 square feet and only if the area is screened. More than one series of 1134 square feet of pavement within the reserve may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Entrance driveways are permitted to traverse the reserve area and are not considered part of the reserve. In no event shall pavement be located within 6' of a right -of -way, unless the pavement is part of an entrace driveway. 6. END ISLANDS Zoning Ordinance Page 9 - 1 A raised island, encompassing not less than one hundred eighty (180) square feet in area, shall be located at both ends of every interior parking row and at both ends of every peripheral parking row, regardless of the length of the row. (As amended by Ordinance 2317 dated garch 12, 1998) 7. INTERIOR ISLANDS For every fifteen (15) interior parking spaces 180- square feet of landscaping must be provided i somewhere n the interior rows of tie arking lot. Interior island areas may be grouped and configured as desired provided that circulation aisles remain clear. Interior islands may have sidewalks through them. End island areas that exceed the minimum required by counted toward the interior parkin island requirement. f.As amended by Ordinance No. 2097 dated November 10, 1994) (As amended by Ordinance 2317 dated March 12, 1998) 8. PARKING LOT ISLANDS All parking lot islands must be raised at least 6" and curbed, with the majority of the area pplanted or treated with enhanced paving. The bottom areas of planted islands must be contiguous with uncompacted soil. (As amended by Ordinance 2317 dated March 12, 1998) B. OFF - PREMISES LOCATIONS: For any new use, building or structure where the required off - street parking cannot be provided on the premises because of size or location of the lot or building plot, such parking may be provided on other propert under the same ownership in fee simple or under a perpetual easement which commits ?he land for parking for the use, building or structure, not more than two hundred (200 feet distant rom the building site provided the proposed parking area is located in a district where parking lots are permitted for that use. (As amended by Ordinance No. 1783 dated November 10, 1988) C. DEVELOPMENT AND MAINTENANCE OF PARKING AREA: Every parcel of land hereafter used as a public parking area, including commercial parkingg lots automobile farm equipment, mobile home, trailer, or other open-air sales lot, shaIl be developed and maintained in accordance with the requirements in this section. D. SURFACING: Except as otherwise provided all off - street parking areas shall be constructed with a minimum allowable parking 'lot pavement of one and one -half inches (1.5 ") of asphalt pavement of to of six inches (6 ") of limestone base. In the case where concrete pavement is desired the concrete shall be five inches (5") thick, with the exception that all designated fire lanes shall be six inches (6" ) thick. The reinforcement within the concrete section shall consist of number four Q4) bars on eighteen inch (18" centers, centered within the pavement thickness. A six inch (6 ") raised concrete curb shall be required around the entire perimeter of the lot and around all interior islands. Designee for pavement and curbing must meet minimum standards as depicted in Exhibit A. Variances to the standards shall be approved by the Planning and Zoning Commission. All off - street parking areas shall be installed graded to drain an d maintained so as to dispose of surface water accumulated within the area. parking L spaces shall be so arranged and marked so as to provide for orderly and safe parking of vehicles. (As amended by Ordinance No. 2226 dated December 12, 1996) E. LIGHTING: All lighting fixtures used to illuminate an off - street parking area shall be arranged so as to direct or shield the light away from any adjoining residential premises. Zoning Ordinance Page 9 - 2 F. NON - PUBLIC, ALL - WEATHER DRIVE SURFACES: Temporary or permanent drive surfaces that are required for emergency access or turnaround for emergency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the City Engineer for ahe specific conditions stated below: TEMPORARY ALL - WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all-weather drive surface. This surface may consist of the permanent pavement as described in Section 9.2.1) or may consist of four inches (4") of limestone base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Hi hways, Streets and Bridges, 1993 Edition, Item 316. This temporary all- weather surface must be reworked or replaced to meet the permanent pavement standard as described in Section 9.2.13 . prior to issuance of a certificate of occupancy. SEMI - PERMANENT ALL - WEATHER SURFACE (during phasing) - In cases during phasing of a large project, emergency access and turnarounds often must be added as a temporary measure until additional phases are constructed. These emergency access areas may consist of "permanent pavement as described in Section 9.2.13., or may consist of six inches (6') of limestone base with one - course 1) seal coat as s ecified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridgges, 1993 Edition, Item 316. If the semi - permanent surface is used the six -inch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL - WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases, the area required for emergency access only may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two - course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition Item 316. If the seal -coat surface is used, a six - inch (6 ") curb is not required, and these areas must be gated or protected from public usage and si ned for emergency access only (s amended by Ordinance No. 2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and /or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the facility first opened, this parking may be supplied using the standards below. All such parking lots must receive site plan approval from the Planning & Zoning Commission following the site plan review procedures outlined in section 10 of the zoning ordinance. If these standards are allowed, the parkin lot may exist on a temporary basis, not to exceed 12 months. The beginning date of the 12 month period shall be determined by the Commission. (As amended by Ordinance No. 2226 dated December 12, 1996) STANDARDS 1. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the City Engineer. 3. Entrance to the lot from any public right -of -way is at the discretion of the Commission based on recommendation of the City Engineer. Zoning Ordinance Page 9 - 3 4. When entrance is allowed to the lot from a public right -of -wayy that portion of the entrance located in the right -of -way must be paved with an a1f weather surface as approved by the City Engineer. 5. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto pubric rights -of -way. REVIEW BY THE COMMISSION The Commission shall take into consideration the following when reviewing any request for a temporary parking lot: Safe and convenient traffic control and handling, both internal and external. Assured pedestrian safety. Efficient and economic access for public utility and emergency vehicles. Runoff, drainage and flood control. Impact on adjacent land uses. Whether in a particular case the above standards will be detrimental to the public health, safety or general welfare. The Commission ma yy impose any additional standards necessary to the protection or preservation of the public health, safety or general welfare. FUTURE COMPLIANCE At the end of the 12 month period the lot must be brought up to full compliance with parking lot standards applicable to the use as required b the Zoning Ordinance or the Iot, including all paving material, must be removed and the area no Ionger used for the parking of vehicles. If the lot is removed, the area must be sodded, seeded or hydromulched with grass within 10 days of removal. Driveway access shall be removed and curb and gutter replaced. (As amended by Ordinance No. 1781 dated October 13, 1988) 9.3 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 - PARKIN REQUIREMENTS. The classification of uses referred to shall be deemed to include and apply to all uses. (As amended by Ordinance o . 2139 dated July 13, 1995) Zoning Ordinance Page 9 - 4 Exhibit A, Figure 1 #4 BAR (TYP) -,z� F 6" 1' It . n A» f� /1 2' 4 BARS (TYP) CURBING .1 �n OPTIONS ASPHALT PAVEMENT Zoning Ordinance Page 9 - 5 4 � L Exhibit A, Figure 2 6" 1' 11 A a, n A n rl #4 BARS (TYP) A p A r] _r 0 CURBING CONCRETE Zoning Ordinance OPTIONS PAVEMENT Page 9 - 6 Exhibit A, Figure 3 L REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' FLARE 10' RADIUS Zoning Ordinance MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 7 _. EXPANSION JOINT REINFORCED CONCRETE 6" THICK #3 BARS 18" C —C I 1 I I L i I L ' 1 L L REMOVE ENTIRE CURB AND GUTTER SECTION Zoning Ordinance Exhibit A, Figure 4 EXISTING PAVEMENT NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' STRAIGHT FLARE MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 8 REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C Exhibit A, Figure 5 REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY COMMERCIAL DRIVE URBAN ROADWAY MINIMUM SLOPE 5% 1AXIMUM SLOPE 10% Zoning Ordinance Page 9 - 9 REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C Exhibit A, Figure 6 1 EDGE EDGE OF ROAD PAVEMENT MATERIALS MAY VARY. IN GENERAL DRIVEWAY MATERIAL SHOULD MATCH THE ROADWAY MATERIAL UP TO THE R.O.W.. PAVEMENT DESIGN IS SUBJECT TO APPROVAL BY THE CITY ENGINEER. MINIMUM CULVERT SIZE SHALL BE 24!'. DEPTH OF COVER OVER THE PIPE VARIES WITH MATERIALS USED. CULVERT DESIGNS ARE SUE TO THE APPROVAL OF THE ENGINEER. 1 111\ VV 6:1 SLOPED HEADWALL 4" THICK CONCRETE REINFORCED W/ 6"X6" WIRE MESH THE SLOPED HEADWALL SHOULD EXTEND TO THE TOP OF CURB WHERE DRIVES HAVE CURB PIPE M rMAll IKIC' 1 h // COMMERCIAL DRIVE/ RURAL ROADWAY Zonmig Ordinance Page 9 - 10 MINIMUM OFF - STREET PARKING REQUIREMENTS (Amended by Ordinance No. 2139 of July 13, 1995) Type of Generator Unit Spaces Per Unit Plus -For Apartment 1 Bedroom BR 1.5 2 Bedroom BR 1.5 2 Bedroom (each BR less than 132 sq. ft.) BR 1.25 3 Bedroom BR 1.0 Airport As determined by the Commission Banks 250 S.F. 1.0 Bowling Alley As determined by the Commission Bus Depot As determined by the Commission Church Seat .33 Convalescent Home Bed 0.5 Duplex Dwelling 1 Bedroom DU 2.0 2 Bedroom DU 2.0 3 Bedroom DU 3.0 Dormitory Person 1.0 Day Care Center 250 S.F. 1.0 Fraternal Lodge 75 S.F. 1.0 Fraternity /Sorority House Person 1.0 1/30 S.F. meeting room Freight Station As determined by the Commission Funeral Parlor Seat .33 Game Court Center Court 4.0 Gasoline and Fuel Service 300 S.F. 1.0 Group Housing BR 2 As determined by the Commission (As amended by Ordinance No. 1854, dated July 26, 1990) Health Studio 150 S.F. 1.0 Hotel DU 1.0 Hospital As determined by the Commission Home for Aged Bed .5 Laundry 150 S.F. 1.0 Manufactured Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Mobile Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Motel DU 1.1 Motor Vehicle Sales & 250 S.F. 1.0 Service (Office /Sales Area) Motor Vehicle* Sales & 100 S.F. 1.0 Service (Service Area) Zoning Ordinance Page 9 - 11 Type of Generator Unit Spaces Per Unit Plus -For Medical or Dental Clinic (with Drive -thru facility) Rooming /Boarding House (<20,000 200 S.F. 1.0 Sales Display S.F.) 1.0 Single Family Residence (20,000 - 50,000 S.F.) 275 S.F. Shopping Center ** (20,000- 225 S.F. 1.0 (75,000 S.F. or less) 50,000 S.F.) Shopping Center ** (> 50,000 275 S.F. 1.0 (More than 75,000 S.F.) S.F.) Townhouse (As amended by Ordinance No. 1968, dated August 13, 1992) Motion Picture House Seat .25 Truck Terminal (As amended by Ordinance No. 1800, dated February 9, 1989) Night Club 50 S.F. 1.0 Office Building 250 S.F. 1.0 Personal Service Shop 250 S.F. 1.0 Private School or 100 S.F. 1.0 Commercial Studio Retail Sales & Service 250 S.F. 1.0 Restaurant 65 S.F. 1.0 (includes Fast Food Restaurant WITHOUT drive through) (As amended by Ordinance No. 2029, dated August 26, 1994) Restaurant 100 S.F. 1.0 (with Drive -thru facility) Rooming /Boarding House Person 1.0 Sales Display 250 S.F. 1.0 Single Family Residence DU 2.0 Shopping Center ** 150 S.F. 1.0 (75,000 S.F. or less) Shopping Center ** 200 S.F. 1.0 (More than 75,000 S.F.) Townhouse DU 2.0 Theater Seat .25 Truck Terminal As determined by the Commission Veterinary Clinic 300 S.F. 1.0 (As amended by Ordinance No. 2002, dated February 25, 1993) Warehouse 1000 S.F. 1.0 NOTE: DU - Dwelling Unit; S.F. - Square Feet of floor space. Generators of traffic not listed above to be deter- mined by the Commission. * Parking spaces within service bays shall be credited toward off - street parking requirements. ** No more than twenty -five (25 %) percent of any shopping center square footage shall be utilized for restau- rants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements for that square footage of such uses in excess of 25 %." Zoning Ordinance Page 9 - 12 90 PARKING DIMENSIONS 20' 23' 20' 91 91 j L ANGLE PARKING DIMENSIONS 60 -60' MIN: 45 -56' MIN. o'' 2 X� Zoning Ordinance Page 9 - 13 L L l� 4 w, Cub N Zoning Ordinance SINGLE PARKING ROW ,,-Z Overhang — 'Raised Island DOUBLE Raised Island T w O N PARKING ROW Tree • Page 9 - 14 SECTION 10. SITE PLAN REVIEW REQUIREMENTS Prior to any development other than single family or duplex development or for development pursuant to a conditional use permit an applicant must obtain site plan approval under this section. No such developmenf shall be lawful or permitted to proceed without final site plan approval. All improvements reflected on approved site plans must be constructed at the tame of development. All terms and conditions of site plan approval must be met at the time of development. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.1 APPLICATION PROCEDURE A. Any development requirin site plan review shall submit a site plan including landscaping (as required by Section 11 B. No approval of a site pplan which fails to meet the express requirements of city ordinances shall be granted unless a variance to such requirements has been granted by the appropriate appeals board or commission. C. Required in the application or therewith shall be the following, together with any other information reasonably necessary for the review process: 1. An application for site plan review. 2. A fully dimensioned site plan, drawn to an appropriate Engineering scale on a 24"X 36" sheet of paper, reflecting: (a) The name, address and telephone number of the Applicant. (b) The name, location and legal description of the proposed project. (c) Ownership and current zoning of all abutting parcels. (d) A key map. (e) Topography and final grading plan, and other pertinent drainage information. (f) All existing streets, drives, buildings, and water courses on or adjacent to the proposed project site. (g) Floodplains on or adjacent to the proposed project site. (h) The location and size of existing utilities within or adjacent to the proposed project site. (i) The proposed location, type, and size of the following: (1) Buildings and structures. (2) Streets, drives, and curb cuts. (3) Off - street parking areas with parking spaces drawn and tabulated. (4) Sidewalks. (5) Landscape information as required in Section 11 of this ordinance. (6) Common open space sites. (7) Sites for solid waste containers. (8) Proposed signage. Zoning Ordinance Page 10 - 1 (j) The total number of residential buildings and units to be constructed on the proposed project site. (k) The total number of bedrooms included in the proposed project. (1) The density of dwelling units per acre of the proposed project. (m) The gross square footage of all non - residential buildings and the proposed use of each building. (n) The total site area. - (o) Other information as required by staff. (As amended by Ordinance No. 2273 dated October 23, 1997) Zoning Ordinance Page 10 - 2 10.2 ADDITIONAL REQUIREMENTS In order to be approved, a site plan must provide for: (As amended by Ordinance No. 2273 dated October 23, 1997) A. Safe and convenient traffic control and handling. B. Assured pedestrian safety which may include the provision of sidewalks along the s enmeter of the propert y meeting the specifications for same as outlined in the ubdivision Regulations relative to width and placement. (As amended by Ordinance No. 20229 dated August 26, 1993) C. Efficient and economic public utility and sanitation access. D. Public road or street access. E. Satisfactory internal access; public, private or emergency. F. Adequate parking and maneuvering areas. G. Noise and emission control or dispersion. H. Visual screening trash receptacles or other areas offensive to the public or existing adjacent development. (As amended by Ordinance No. 2097 dated November 10, 1994.) I. Runoff, drainage, and flood control. J. Sign location, as an incident to the above considerations and the express requirements of this ordinance. K. Location and density of building or dwellings where toppography or characteristics of the site compel a lower density than would otherwise 6e allowed, or require location consistent with accepted engineering practices and principles. L. Visual screening from the right-of-way of parking lots for apartments. (As amended by Drdinance No. 2029 dated August 26, 1993) M. Compliance with standards guidelines and policies of the City's adopted Streetscape Plan that are not already covered by Sections 9 or 11. (As amended by Ordinance No. 2029 dated August 26, 1993) N. Compliance with the City's ado ted Streetscape Plan for minor arterial type street trees along collector streets will be determined by the City's adopted Streetsca Plan. (As amended by Ordinance No. 2273 dated October 23, 1997 O. Determination and clear indication of what constitutes the building plot for purposes of this ordinance and the sign ordinance, and the conditions or requirements imposed by the provisions of city ordinances. (As amended byOrdinance No. 2273 dated October 23, 1997) Zoning Ordinance Page 10 - 3 10.3 APPEAL An applicant may appeal interpretations of site plan requirements to the Project Review Committee within five (5) da s after the site plan review is completed. The Project Review Committee (PRC) shall includ three members of the Planning and Zoning Commission. Any member of the committee may designate a representative for himself to act in his absence. Any representative designated shall be a member of the Commission. The PRC is a governmental body and shall comply with the Open Meetings Act. Failure to appeal the PRC action shall constitute a contractual acceptance of all conditions imposed, and a waiver and surrender of all complaints, defects, or potential invalidity, whether under state or federal law. (As amended by Ordinance No. 2273 dated October 23, 1997) A. An applicant appealin an interpretation to the PRC shall file ten (10) copies of the final site plan as approved all changes and reeqq�uirements imposed during site plan review, and accompanied by a written explanafion of those interpretations being appealed. Until said copies are on file, no furt her development approval shall occur. (As amended by Ordinance No. 2273 dated October 23, 1997) B. An applicant may appeal only interpretations of staff in applying codes, ordinances, standards and policies. (As amended by Ordinance No. 2273 dated October 23, 1997) C. Any notice of appeal shall state with particularity the aspects which are to be appealed. D. An applicant may appeal a decision of the PRC to the Planning and Zoning Commission. (As ameed by Ordinance No. 2273 dated October 23, 1997) 10.4 DISCRETIONARY REVIEW The reviewin staff may forward through the Project Review Committee any site plan to the Planning and Zoning Commission for review and approval within three days after filing of the written report. The PRC must notify the applicant in writing. The PRC may elect to approve the site plan or may forward the plan to the Commission for consideration. The scope and extent of the review of the site plan by the Planning and Zoning Commission shall be equivalent to that of an appeal to the Projecf Review Committee. The Commission shall, upon takin& final action, issue a written report setting forth any conditions imposed under Section 10.2 above, and the reasons therefor. A revised copy of the site plan showing all such conditions and requirements shall be filed with the City Planner. No permits shall be issued prior to such filing. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.5 SPECIAL RULES FOR M -1 DISTRICTS RESERVED Zoning Ordinance Page 10 - 4 10.6 SPECIAL RULES FOR C -N DISTRICTS Site plan review and proposed uses within the C -N Neighborhood Business District are subject to approval by the Planning and Zoning Commission. Applicants shall file an application form with the City Planner no less than twenty (20) days prior to the regularly scheduled meeting of the Planning and Zoning Commission at which the plan is to be reviewed. The application form shall be accompanied by all supporting information required in Section 10.1 above, a list of property owners within 200 feet , and a receipt for filing fee. The application fee shall be determined by the City Council. * Property owners within two hundred (200) feet of the site shall be identified by the Planning Office using the Tax Rolls supplied by the Brazos County Appraisal District. A. Public notice by publication in a local newspaper shall be made at least fifteen (15) days prior to the date set for the public hearing. (As amended by Ordinance No. 2273 dated October 23, 1997) B. * The City Planner shall notify all propert owners of record within two hundred (200) feet of the property in . question at least ten (10) days prior to the public hearing. The notice may be sery ed by ifs deposit in the municipality, properly addressed with postage paid, in United States mail. (As amended by Ordinance No. 2285 dated December 11, 1997) C. The City Planner shall notify the applicant of the date, time, and place for the preliminary review of the project. (As amended by Ordinance No. 2273 dated October 23, 1997) D. The proposed roject shall be reviewed in accordance with Section 10.2 prior to the Planning and Zoning Commission meeting. Written recommendations shall be submitted to the Planning and Zoning Commission. A copy of this report shall be sent to the applicant. The applicant shall file ten (10) copies of the final site plan as approved, showing all changes and requirements of approval. The Planning and Zoning Commission shall hold a public hearing for the purpose of approving or denying the project plan. (As amended by Ordinance No. 2273 dated October 23, 1997) E. The applicant or the owners of forty percent (40%) or more of the property within two hundred (200) feet of the project sife may appeal to the City Council any determination made by the planning and Zoning Commission. The appeal should be made by petition filed with the City Secretary within ten (10) days after the public hearing. Zoning Ordinance Page 10 - 5 SECTION 11. LANDSCAPING (As amended by Ordinance No. 2317 dated March 12, 1998) 11.1 APPLICATION OF SECTION A. The landscaping requirements of this section apply to all land located in the City of College Station and proposed for site development,, but do not apply to single family townhouse, or duplex uses. The landscaping requirements shall apply to mobile and manufactured home parks but not to an individual mobile home or manufactured home on separately subdivided lots. Landscaping requirements shall become applicable to each individual lot at the time of site plan submittal. The streetscaping requirements of this section shall appply to all land in the City of College Station and proposed for site development, but do not apply to single family townhome, or duplex uses. Streetscaping requirements shall apply to mobile and manufactured home parks, but not to an individual mobile home or manufactured home on separately subdivided lots. Streetscaping requirements shall become applicable to each individual lot at the time of site plan submittal. All landscaping /streetscaping requirements under this section shall run with the land and shall apply against any owner or subsequent owner. B. Each phase of a phased project shall comply with this section. C. When the requirements of this section conflict with requirements of other provisions of this code, this section shall prevail; . provided however, that the provisions of this section shall be subordinate to the provisions of Sections 9 and 10 pertaining to traffic and pedestrian safety and the provisions of Ordinance 1729. 11.2 LANDSCAPING REQUIREMENTS A. The landscaping requirements shall be determined on a point basis by the following: Landscape Points required = 30 pts. per 1000 square feet of site area. The minimum number of points for any development is 500 points. Floodplains may be removed from site size calculations but then the existing trees within the floodplain may not be claimed for points. Projects may be phased with the phase lines being drawn 20' beyond any new site amenity. The portion left for subsequent phases shalt be of developable size and quality. B. Point values will be awarded for any type of canopy tree, non - canop tree, and shrub, provided that the species claimed for point credit are not listed on the Non -Point Tree List as prepared by the City Forester. Accrued landscaping points are expended on landscaping material with the following point values: (all caliper measurements are at twelve (12") inches above the ground. PLANT MATERIAL POINTS ACCRUED INSTALLED SIZE NEW PLANTINGS Canopy Tree 75 pts. 1.5" to 2" caliper 150 pts. 2.1 " to 3.4 " caliper 300 pts. 3.5" and larger Non -canopy Tree 40 pts. 1.25" caliper and larger Shrubs 10 pts. Min. 5 gallon Min. 1 gallon (dwarfs) Zoning Ordinance Page 11 - 1 EXISTING PLANTS* TREES NOT WITHIN BARRICADE AREA Canopy Tree 35 pts. 2" to 14.5" caliper Non -canopy Tree 40 pts. 1.25" caliper and larger TREES WITHIN BARRICADE AREA Canopy Tree 200 pts. Between 4" and 8" 300 pts. 8" and larger Non -canopy Tree 75 pts. Between 2" and 4" 150 pts. 4" and larger * To receive landscape points, all existing trees must be in good form and condition and reasonably free of damage by insects and /or disease. C. 100% coverage of groundcover or grass is required in parking lot islands swales and drainage areas, and the 24' landscape reserve unless otherwise landscaped or existingg plants are preserved. 100% coverage of groundcover or grass is also required in aIl unpaved portions of street or highway right -of -way on or abutting the property and adjacent property that has been disturbed during construction. If grass is to be used for groundcover, 100% live grass groundcover is required, whether by solid sod overlay or preplanting and successful takeover of grasses. D. Every project must expend a minimum of 50% of its point total on canopy trees. E. Every development must employ an irrigation system. F. Additional Point Credits (1) A ten percent (10 %) point credit will be awarded if twenty -five percent (25 %) or more of parking area consists of enhanced paving. (2) A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (fountains, benches and planters, water features, etc.). G. Sepparation Requirement - Canopy trees must be planted at a minimum of twenty feet (2U') from other canopy trees. Live Oaks (Quercus viginiana) must be planted at a minimum of 35' from other Live Oaks. H. Dispersal Requirement - Landscaping must be reasonably dispersed throughout all visible areas of the site. 11.3 STREETSCAPE REQUIREMENTS A. Along all ma or arterials and freeways one canopy ree for every twenty -five feet (25') of frontage shah be installed. Two (2) non -canopy trees may be substituted for each one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliper) may be substituted for each new tree. New trees must be planted within 50' (fifty feet) of the property line along the street. B. Along minor arterials, one (1) canopy tree for every thirty -two feet (32') of frontage shall be installed. Two (2) non -canopy trees may be substituted for one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliper) may be substituted for each new tree. New trees must be planted within fifty feet (5 of the property line along the street. C. Parking areas adjacent to a ROW shall be screened for any development if parking is located between a building and a street right -of -way. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of g ' above the parking lot pavement elevation. Zoning Ordinance Page 11 - 2 D. Dumpsters, concrete retaining walls where more than six vertical inches of untreated concrete are visible, off - street loading areas, utility connections and any other site characteristics that could be considered visually offensive must be adequately screened. E. Ve�ggetation must be set back twenty feet (20') from any driveway curb and forty-five feet (45') from the curb at intersections of streets. The unobstructed vertical field of vision must be between 2' 6" and 9' in height. F. Live Oaks must be planted a minimum of thirty feet (30') behind the street curb. G. Three hundred (300) additional points shall be provided for every fifty (50) lineal feet of frontage on a major or minor arterial. Driveway openings, sight clearance triangles, and other traffic control areas may be subtracted from total frontage. 1. A ten percent (10 %) point credit will be awarded if twenty -five percent (25 %) or more of parking area consists of enhanced paving. 2. A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (water features, etc.). 11.4 STREETSCAPE PLANT LIST 1. CANOPY TREES Cedar Elm Ulmw Live Oak( uercu; Winged Elm (Ulm Water Oak ( uerc Chinese Pistac e Post Oak uercu Burr Oak uercu: Goldenrain Tree 1 Water Oak ( uerc Bald Cy ress Tax Willow ak ( uer Red Oak (Ouercus 2. NON - CANOPY TREES Red Bud (Cercis canadens Tree Yaupon (Ilex vomito; Crabapple (Ma u Tree re e Myrtl e Shining Sumac (Rhus co Possumhaw (Ilex A& co Hawthorn ( rated us L. Bradford Pear P rus spec Texas Mt. Laure op on Mexican Plum (Prunus me Rusty Blackhaw vibu Zoning Ordinance Page 11 - 3 11.5 LANDSCAPE /STREETSCAPE PLAN REQUIREMENTS A. When a landscape / streetscape plan is required, the landscape /streetscape plan shall contain the following: 1. The location of existing property lines and dimensions of the tract. 2. The location of existing and proposed utilities and all easements on or adjacent to the lot. 3. An indication of adjacent land uses, existing development and roadways. 4. An irrigation system plan. 5. Landscape information: a. Landscape points required for site and calculations shown b. A table showing the size, type (canopy, non - canopy, shrub) and points claimed for proposed landscaping. c. Location of landscape plants on plan. 6. Streetscape information: a. Streetscape points required for site and calculations shown. b. A table showing the scientific and common plant names, size, type (canopy, non - canopy, shrub), and points claimed for proposed streetscaping. c. Location of streetscape plants on plan. 7. The location and diameter of protected existing trees claimed for either landscape or streetscape requirements, and an indication of how the applicant plans to barricade the existing trees from damage during construction. 11.6 MAINTENANCE AND CHANGES A. Landscaping / Streetscaping shall be maintained and preserved in accordance with the approved Landscape / Streetscape Plan. Replacement of dead landscaping / streetscaping must occur within forty -five . (45) days of by the Zoning Official or his delegate. Replacement material must be of similar character and the same or higher point total as the dead landsca in Failure to replace dead landscaping, as required by he Zoning Official, shall cons itufe a violation of this section of the ordinance for which the penalty provision may be invoked. B. Landscaping /Streetscaping Changes to Existing Sites 1. If changes constituting 25 % or more of the number of canopy and non -canopy trees are proposed, a revised landscape plan must be submitted for approval. Planting mus{ occur pursuant to this approved landscape plan. 2. Revised Landscape / Streetscape Plans shall meet the requirements of the Landscape / Streetscape Ordinance in effect at the time of the revised landscape /streetscape plan submittal. Zoning Ordinance Page 11 - 4 11.7 COMPLETION AND EXTENSION The Zoning Official or his delegate shall review all landscaping for completion in compliance with this section and the approved landscape /streetscape plan. Landscaping /streetscaping shall be completed in compliance with the approved plan before a Certificate of Occupancy is issued. however, the applicant may receive an extension of four (4) months from the date of the Certificate of Occupancy upon he approval of an application for extension with a bond or letter of credit in the amount of Five ($5.00) Dollars times the number of landscape / streetscape p oints required for the project. Failure to complete the landscaping/ streetsca ing according to he approved landscape / streetscape plan at the expiration of the bond or letter of credit shall constitute grounds for forfeiting he bond or castling of the letter of credit by the Zoning Official or delegate. Also, failure to complete the approved landscaping shall constitute a violation of this section. 11.8 REVIEW AND APPROVAL Landscape plans shall be reviewed by the appropriate staff or reviewing body as outlined in Section 10.1. 11.9 PARKING, STORAGE, OR DISPLAY Parking, storage, or display of vehicles or merchandise on required landscape /streetscape areas or required islands shall be considered a violation of this ordinance. 11.10 ALTERNATIVE COMPLIANCE PERMITTED Variations to the requirements of Section 11 may be approved if the landscape plan is sealed by a registered landscape architect. Such plans must show reasonable evidence that the requirements as set forth in Section 11 were used as a guide. (As amended by Ordinance No. 2317 dated March 12, 1998) Zoning Ordinance Page 11 - 5 SECTION 12. SIGN REGULATIONS 12.1 PURPOSE The purpose of this section is to establish clear and unambiguous regulations pertaining to Sig ns in the City of College Station and to promote thereby an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. The City Council of the City of College Station hereby finds the following legislative facts: The proliferation of signs creates commercial confusion and makes it difficult for travelers and motorists to locate the goods and services they seek. The increasing height of signs within the City is an endless battle for a higher and more visible sign, and a reasonable limitation on the height of signs is necessary to prevent visual pollution, potential windstorm damage, injury or death. Excessive height in signs creates clutter and is unsightly and offensive to the members of this council and many, if not most, of the citizens in College Station. The establishment of a reasonable maximum height for signs will allow effective communication, prevent altitude competition, and will not penalize smaller business concerns which may not be We to compete for aerial superiority. Reasonable provisions pertaining to size, scale, location, desi n, lighting, permanency, and maintenance are necessary to avoid visual clutter, preserve ana improve the appearance and character of the community, to avoid traffic problems caused by distracting signs or structures in close proximity to streets, which compete with traffic signs and signals for the attention of motorists, and to prevent deterioration, disregard, and abandonment of signs or structures. This section will complement the provisions of the Federal Highway Beautification Act of 1972. The Council recoggnizes that signs are necessary for visual communication for public convenience, and that businesses and other activities have the right to identify themselves by using signs which are incidental to the use on the premises where the signs are located. The City Council herein seeks to provide a reasonable balance between the right of a person to identify his or her business or activity, and the rights of the ublic to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location and construction of signs. This section will insure that signs are compatible with adjacent land uses and with the total visual environment of the community, in accordance with the City's comprehensive plan for zoning and land use. The City Council finds that the rights of residents of this City to fully exercise their rights of free speech by the use of signs containing non - commercial messages are subject to minimum regulation regarding structural safety and setbacks forurposes of traf �F i rst o fsue c nd s m ig en s t protection. The Council seeks herein to provide for t e reasonably promp removal and disral h n after they have served their purpose and yet to avoid any interference wit freedoms, especially as to persons wh are of limited financial means. The Council finds that instances may occur in the application of this section where strict enforcement would deprive a person of the reasonable use of a sign, or the reasonable utilization of a sign in connection with other related property rights, and herein provides for such persons to have the right to seek variances from the requirements of this chapter for good cause. The Council finds that it is imperative that enforcement officials apply this section as it is written, in the interest of equality and fair and impartial application to all persons and that the use of the variance procedure shall remain the sole administrative means to obtain any exception to the terms hereof. Zoning Ordinance Page 12 - 1 12.2 DEFINITIONS SIGN means any written or graphic representation, decoration, form, emblem, trademark, used flag, banner, or other feature or device of similar character which is for the communication of commercial information, or communication of ideas or subjects of political significance, and which: A. Is a structure or any part thereof, including the roof or wall of a building, or a free standing wall or fence; B. Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning or vehicle, or upon any material, object or device whatsoever; and C. By reason of its form, color, wording, symbol design, illumination or motion attracts or is designed to attract attention to the subject thereof, or is used as a means of identification, advertisement or announcement. D. A sign shall be considered to be a single display surface, a double -faced display surface, or display device containing elements clearly organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign; provided, however, that the display of merchandise through glass windows in any zone where such merchandise may be sold in the ordinary course of business shall not constitute a sign or signs. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An attached sign or a freestanding sign with permanent foundation or moorings, designed for identification of a multi - family residential project or a mobile home park project, and where adequate provision is made for permanent maintenance hereunder. (As amended by Ordinance No. 1695 dated February 12, 1987) AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foundation or moorings, designed for identification of subdivisions of ten (10) to fifty (50) acres, or identification of a distinct area within a subdivision, and where adequate provision is made for maintenance hereunder. ATTACHED SIGN: A sign attached to or applied on and totally supported by a part of a building. BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and /or logo). COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold offered, or existin (As amended bi Ordinance No. 1954 dated April 9, 1992) DEVELOPMENT SIGN: A sign announcing a proposed subdivision or a proposed building project. (As amended by Ordinance No. 1702 dated April 23, 198 7) DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized as a traffic control device in off - street parking or access areas. FREESTANDING COMMERCIAL SIGN: A sign supported by one or more columns, poles or bars extended from the ground or from an object on the ground, or that is erected on the ground; the term includes all signs which are not substantially supported by a building or part thereof, or which are substantially supported by a building or part thereof, when the sole significant purpose of the building or part thereof, is to support or constitute the sign. (As amended by Ordinance No. 1954 dated April 9, 1992) FUEL PRICE SIGN: A sign used to advertise the current price of fuel at locations where fuel is sold. Zoning Ordinance Page 12 - 2 HOME OCCUPATION SIGN: A sign used to identify the name and occupation of a person with a legal home occupation. LOW PROFILE SIGN: A sign with a permanent foundation which is not attached to a building, but is a stand -alone sign and which does not exceed 60 S.F. in area and 4 feet in height. NON - COMMERCIAL SIGN: A work of art or messy e which is political, religious, or pertaining to a point of view, expression, opinion, or id that contains no reference to the endorsement, advertising of or promotion of patronage, of a business, commodity, service, entertainment, or attraction that is sold offered or existing. (As amended by Ordinance Ro. 1954 dated April 9, 1992) OFF - PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the premises where such sign is displayed. (As amended by Ordinance No. 1954 dated April 9, 1992) ON- PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service entertainment, or attraction sold, offered, or existing. upon the premises where such sign is displayed. This definition does not include non - commercial signs. (As amended by Ordinance No. 1954 dated April 9, 1992) POLITICAL SIGN: Any sign which promotes a candidate for any public office or which advocates a position on any social issue as its primary purpose. Political signs shall be considered in the category of non - commercial signs except where there are regulations pertaining to their removal after an election. (As amended by Ordinance No. 1954 dated April 9, 1992) PORTABLE SIGN: A sign which is not affixed or attached to real property by poles, stakes or other members which are placed into the ground or upon some other type of permanent foundation; trailer signs, any sign with wheels or skids and any sign which is constructed so as to sit upon the surface of the ground, without subsurface attachment or extension. PREMISES: An area of land planned and designed as a single comprehensive project, considered from the time the plan is first submitted to the Planning Department either at plat stage or site plan stage. REAL ESTATE, FINANCE and CONSTRUCTION SIGN: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising same for sale or lease, or advertising the furnishing of interim or permanent financing for a project, or for the furnishing of labor, materials or the practice of crafts on the job site. ROOF SIGN: An outdoor advertising display sign erected, constructed, or maintained on the roof of a building or which is wholly dependent upon a building for support, and which protects above the point of a building with a flat roof six feet above the eave nine of a building with a shed, gambrel, gable or hip roof, or the decd line of a building with a mansard roof. See illustrations at the end of this section. SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or moorings, designed for permanent identification of a subdivision of greater than fifty (50) acres, and where adequate provision is made for permanent maintenance Hereunder. Zoning Ordinance Page 12 - 3 12.3 GENERAL PROVISIONS A. BUILDING PERMITS: A permit shall be required for the following types of signs: Apartment/Condominium /Mobile Home Park Identification Signs Attached Signs Development Signs Freestanding Signs Roof Signs Subdivision and Area Identification Signs Permits shall be issued by the Building Official with approval by the Zoning Official upon receipt of a properly completed application which demonstrates that the applicant's request is in accordance with the provisions of this section and the City's Building Code. The fee for such permits shall be established by the City Council from time to time by resolution. No permit shall be required for the following signs: Real Estate, Finance and Construction Signs Directional Traffic Control Signs Home Occupation Signs Non - Commercial Signs (As amended by Ordinance No. 1954 dated April 9, 1992) B. SUBDIVISION AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property in an y zone to identify subdivisions of ten (10 to fifty (50) . acres in size and subject to the requirements set forth in Table II. Area Identi ication signs may also be used within a large subdivision to identify distinct areas within that subdivision, subject to the requirements in Table II. Subdivision sins shall be permitted upon private property in any zone to identify subdivisions of-greater than fifty (50) acres, subject to the requirements set forth in Table II. Both area identification and subdivision signs must be located on the premises as identified by a preliminary or master preliminary plat of the subdivision. Subdivision signs will be permitted only at major intersections on the en in eter of the subdivision (intersection of two collector or larger streets). At each intersection either one or two subdivision signs may be permitted so long as the total area of the signs does not exceed 150 square feet. Banners or flags may be utilized as subdivision identification signs but the overall height shall not exceed sixty (60) feet. Indirect lightingg is permissible but no optical effects, moving pparts or alternating, erratic or flashing li hts shall be permitted. Landscaping valued at Z50 points (as described in Section 11 T the Zoning Ordinance) shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of all signs and any landscaping in conjunction with such signs shall be made, which may be through an owners association if one exists or is created for this purpose. Zoning Ordinance Page 12 - 4 C. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An apartment/condominium /mobile home ppark identification sign may be either an attached sign or a freestanding sign. It shaIl be placed upon the private property of a particular multi - family project in an R4, R5 or Rb zone or mobile home park in an R7 zone subject to the requirements set forth in Table II. The apartment/condominium /mobile home park identification sign shall list the name and facilities available and may have leasing or sales information incorporated as a part of the sign. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic or fl ashing lights or devices shall be permitted. Any mobile home parks existing at the time of this ordinance that are non - conforming may still utilize an identification sign meeting the provisions of this section and Table II. (As amended by Ordinance No. 1695 dated February 12, 1987) D. DEVELOPMENT SIGN: A developpment sign may be placed only on private property subject to the requirements in Table W A development sign for a building project shall be removed if the project has not received a building permit at the end of twelve (12) months. The Zoning 8fficial may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a building permit for the project is received, the sign may stay in place unfil 75 percent of the project is leased or a permanent sign is installed, whichever comes first. A development sign for a proposed subdivision shall be removed if a preliminary or final plat has not been approved by the end of twelve (12) months. The Zoning Official may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a plat has been approved, the si n permit is valid as long as a preliminary plat is in effect, or in the absence of a valid preliminary plat, for twenty -four (24) months Trom the date of approval of a final plat. (As amended by Ordinance No. 1702 dated April 23, 198 7) E. DIRECTIONAL TRAFFIC CONTROL SIGN: Directional Traffic Control signs may be utilized as traffic control devices in off - street parking areas su4jject to the requirements set forth in Table II. Logo or copy may be permitted but shall be less than 50% of the area of the directional sign. No directional traffic control sign shall be permitted within or upon the right-of-way f any public street unless its construction, design, and location have been approved by the City Traffic Engineer. F. PORTABLE SIGNS: Portable Signs are not permitted within the City Limits of the City of College Station. G. REAL ESTATE /FINANCE /CONSTRUCTION SIGNS: One real estate sign not exceeding sixteen (16 )square feet in total area (exclusive of stakes and posts may be erected at any time while a roperty is offered for sale or lease to the public. Properties with a minimum of 150 feet of frontage shall be allowed one real estate sign not exceeding 32 square feet in total area. Properties with a minimum of 2 acres and frontage on 2 streets shall be allowed one real estate sign on each frontage street with the area of the sign to be determined by the amount of frontage as stated above. One finance sign and three construction signs (for a total of 4 signs), not exceeding 16 square feet in total area each (exclusive of stakes and posts) may be erected once a building permit has been issued on a property. Properties with a minimum of 10 acres and 1,U00 feet of frontage shall be allowed one finance sign and three construction signs not exceeding 32 square feet in total area each. Real estate, finance and construction signs may be either attached or freestanding and only those visible from the street are limited in number (see exempt signs Section 12.3 All such signs shall be maintained by the persons in control of the premises so as to remain erect and in ood repair. Such signs shall be removed by the property owner or other, person in control of the the if they are damaged, broken or incapable of remaining erect. Zoning Ordinance Page 12 - 5 Such signs must be removed by the owner or person in control of the premises when either the property has sold or been leased and /or when performance under the construction contract or subcontract (in the case of construction signs) has been completed. In all cases, financing and construction signs shall be removed prior to issuance of a certificate of occupancy. H. NON - COMMERCIAL SIGNS: POLITICAL SIGNS: This section does not regulate the size, content or location of non - commercial signs, political signs except as follows: 1. No commercial message shall be shown on any non - commercial sign. 2. No non - commercial sign: (a) May be located within public road right -of -way of the State of Texas; or (b) May be located off the premises of the property owner who is displaying the sign; or (c) May exceed the restrictions set forth in Table 1; or (d) May be located within any sight distance triangle as defined b the Zoning Ordinance or where determined by the City Manager or his designate as a location that would hinder intersection visibility. (e) May be located within the City ngght -of -way adjacent to undeveloped property. (As amended by Ordinance No. 1954 dated 9, 1992) This provision is necessary to avoid clutter, proliferation, and dangerous distraction to drivers caused by close proximity of such signs to automobile traffic, to avoid damage to automobiles which may leave the paved surface intentionally or by accident and to avoid the necessity for pedestrians to step into the roadway to bypass such signs. Flo regulatory alternative exists to accomplish this police power obligation. In the event that any political sign is located in a public right -of -way of the State, it shall be removed by the City. All political sins shall be removed within ten (10) days after the election. (s amended by Ordinance No. 1954 dated April 9, 1992) I. HOME OCCUPATION SIGNS: A person having a legal home the building or porch of a residence. The sin may contain only the name and occupation of the resident. Tt shall be attached directly to the face of the building or porch. It shall not exceed 2 square feet in area, shall not be illuminated in any way and shall not project more than 24 inches beyond the building or pooccu ation may display a home occupation sign on the face of rch No permit is required. No display of merchandise or other forms of commercial communication shall be allowed within a residential area, unless same are in existence prior to the adoption of this section in connection with a use which is presently a lawful non - conforming use within the district. Such non - conforming signs may be maintained until the non - conforming uses of the building cease subject to the requirements for maintenance herein. Discontinuance of the use of such a sign for more than 3 months shall prevent future use, even if the non - conforming use of the premises is continuous. J. ROOF SIGNS: Roof signs shall be regulated as freestanding signs. Zoning Ordinance Page 12 - 6 K. FREESTANDING COMMERCIAL SIGNS: Freestanding commercial signs are allowed only on developed commercial property in A -P, C -1, C -2, C -3, C -B, M -1 and M -2 zone. One freestanding sign shall be allowed in an A -P zone only when the premise has a minimum of 2 acres, subject to the requirements set forth in Table II. One low profile sign shall be allowed in an A -P zone when the premise has less than Two (2) acres subject to the requirements set forth in Table IL Height, area and setback requirements for all other freestanding signs are found in Tables I and II. See Section 12.3 concerning banners and flags. • premise with less than 75 feet of frontage shall be allowed to use one low profile sign. • premise with more than 75 feet of frontage shall be allowed to use Table I standards for one freestanding sign rather than one low profile sign. A premise with more than 150 feet of frontage shall be allowed to use Table I standards for one freestanding sign or any number of low profile signs as long as there is a minimum separation between signs of 150 feet. Premises with less than 75 feet of frontage may be combined in order to utilize signage corresponding to the resulting frontage as described in the preceding two paragraphs. The sin applicant may elect the frontage street where two streets at the corner are class 1M the same on the thoroughfare plan. If on two differently classified streets, then the greater shall be considered the frontage street. No more than one freestanding sign shall be allowed on any premises except when all of the following conditions are met: 1. The site must be zoned C -1, C -2, C -3, C -B, M -1 or M -2. 2. The site must be twenty -five (25) acres or more in area. 3. The site must have 1,000 feet (or more) of continuous unsubdivided frontage on any major arterial street (as classified in the thoroughfare plan) toward which one aditional freestanding sign is to be displayed. Balloons or gas - filled objects may be used for display or advertising for special events with no required permit.. Maximum height sixty (60) feet. One use allowed for 3 days maximum time per premise per 30 day period. (As amended by Ordinance No. 1676 dated September 11, 1986) L. ATTACHED SIGNS: Attached signs in areas zoned C -N, A -P, C -1, C -2 C -3, C -B, M- land M -2 are commercial signs under this section. An attached sign shall advertise only the name of, uses of, or goods or services available within the building to which the siggn is attached. Such sign shall be parallel to the face of the building, shall not be cantilevered away from the structure, and shall not extend more than one foot from any exterior building face, mansard, awning or canopy (see Roof Sign definition). There shall be no painted roof signs. M. FLAGS: One freestanding corporate flat er premise, not to exceed 40 feet in height or 100 sq.. in area is allowed in mulfi family, commercial, and industrial zones or developments. (As amended by Ordinance No. 1888 dated July 11, 1991) Zoning Ordinance Page 12 - 7 N. SIGNS FOR CONDITIONAL USES: Signs for conditional uses shall comply with the regulations for the zoning district in which the conditional use is permitted. An applicant wishing to proppose signage using the requirements of a zoning district different from the one in which fhe conditional use is permitted must receive approval from the Planning and Zoning Commission as part of the conditional use permit process. After receipt of a recommendation of the City Planner the Commission may permit the requirements of a different zoning district to be used for the purposes of signage when the Commission finds: 1. That the proposed signage is compatible with signage allowed in surrounding zoning districts. 2. That the proposed signage meets the intent of this section; and, 3. That the proposed signage is in harmony with the development policies, and goals and objec ives embodied in the Comprehensive Plan for development of the City. O. PROHIBITED SIGNS: The following signs shall be prohibited in the City of College Station: 1. Portable and Trailer Signs. 2. Off _premise signs, both commercial and non - commercial, except on City of College Station property where there has been a determination and minute order of the City of College Station City Council which finds that the display of the sign does as follows: (a) promotes a positive image of the City of College Station for the attraction of business or business or tourism; and (b) depicts an accomplishment of an individual or group; and (c) creates a positive community spirit. Upon such order, the City of College Station can authorize, upon approved construction plans, the following: (a) a sign on a City of College Station water tower; or (b) an entrance sign to be located on City of College Station property such that it is visible from the Highway Six East By -pass; or (c) a sign to be located on City rights -of -way. Said sign shall be displayed for a period ordered by the City Council or as may be decided by it from time to time. (As amended by Ordinance No. 1954 dated April 9, 1992) 3. Signs painted on roof tops. 4. Banners or flags containing copy or logo, excluding the flags of any country, state city or school are prohibited in residential zones and on an residentially developed ro erty except when flags are used as subdivision signs. Flags as described in ecrion 1 3M. and Section 12.3P. will be permitted. (As amended by Ordinance No. 1858 dated July 11, 1991) 5. Signs and displays with flashing, blinking or traveling lights, or erratic or other moving parts either internal or external to the premise, and oriented and visible to vehicular tratfic, provided that time and temperature signs are permissible if the maximum area and setback requirements of this section are met and if the commercial information or content of such signs is restricted to no more than 8 square feet. Zoning Ordinance Page 12 - 8 6. Any signs which are intended to or designed to resemble traffic sins or signals and bear such words as "stop ", "slow ", "caution ", "danger" "warning , or other words, and which are erected for purposes other than actual traffic control or warning to the public. 7. Any sign which emits sound, odor or visible matter. 8. Banners are prohibited in residential zones and on any residentially zoned property. Banners will be treated as attached or freestanding signs, as applicable, when used on commercial or industrial properties. (As amended by Ordinance No. 1888 dated July 11, 1991) P. EXEMPT SIGN: The following signs are exempt from the requirements of this chapter: 1. Signs that are not easily read from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right -of -wa Such signs are not exempt from the safety regulations contained herein and in Ci�� y building and electrical codes. 2. Official notices posted by government officials in the performance of their duties; government signs controlling traffic, regulatin public conduct, identifying streets, or warning of danger. (Bulletin boards or identification signs accessory to government buildings or other buildings are subject to the provisions of this chapter.) 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect or condition, or other hazard to the public. 4. Non - commercial signs on private property or works of art that in no way identify or advertise a product or business, or by their location and placement impede traffic safety. (As amended by Ordinance No. 1954 dated April 9, 1992) 5. Temporary ecorations or displays, if they are clearly incidental to and are customarily and commonly associated with any national, local or religious celebration. 6. Temporary or permanent signs erected by public utilities or construction companies to warn of the location of pipelines, electrical conduits, or other dangers or conditions in public rights -of -way. 7. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the type of business, that are located on moving vans, delivery trucks, trailers and other commercial vehicles; but only if the primary purpose of such vehicles is not for the display of the signs thereon, and only if such vehicles are parked or stored in areas appropriate to their use as commercial or delivery vehicles, such as service areas or locations close to the business building(s) away from public traffic areas. 8. Signs carried by a person and not set on or affixed to the ground. 9. Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be displayed for the duration of the event or not more han 3 days with approval of the Ci p y Manager. 10. Flags used as political symbols being the United States and Texas flags only. 11. Flags used solely for decoration and not containing any copy or logo and located only in multi- family, commercial and industrial districts or developments. In multi -famil developments, such flags will be restricted to twenty five (25) square feet in area, 36 feet in height, and the number shall be restricted to no more than 12 flags per building plot. (As amended by Ordinance No. 1888 dated July 11, 1991) Zoning Ordinance Page 12 - 9 12. Balloons and /or other gas filled objects located in any zoning district; which balloon and /or gas filled object shall not exceed twenty (2U) feet in height and shall not r display any logo but shall be used sole tai n o for decorative purposes. (As amended by Ordinance No. 1676 dated eptember 11, 19866) Q. FUEL PRICE SIGN: Service stations will be allowed one sign er site, the area of which shall not exceed 16 square feet and will not be included 1n fhe allowable area of any freestanding sign. This sign cannot be located within the right -of -way. R. STRUCTURAL REQUIREMENTS: 1. A building permit shall be required in addition to any permit under this section, in accordance with the provisions of the College Station Building Code. The provisions of this ordinance shall control over the provisions of the Building Code only where clearly inconsistent therewith. 2. Abandoned, Damaged, or Unsafe Signs: (a) The provisions of this section shall apply when in conflict with the provisions of the Building Code, but where the provisions of both ordinances are not inconsistent, the enforcement of either shall be permissible and remedies or penalties cumulative. (b) All abandoned signs and their supports shall be removed within 60 days from the date of abandonment. All damaged signs shall be repaired or removed within 60 days. The Zoning Official shall have authority to rant a 30 day time extension where he determines there is a reasonable necessity %r same. (c) Discontinuance of use or removal of any non - conforming sign or any sign in connection with a non - conforming use shall create a presumption of an intent to abandon said sign. A non - conforming sign that is damaged and not repaired within sixty (60) days shall be presumed tole abandoned. S. MISCELLANEOUS REGULATIONS: No sign shall be placed in a City of College Station drainage or utility easement unless approval is granted by the City Engineer. Location in an easement shall be subject to a written agreement entered into by all parties involved. Any damage to or relocation of signs located in easements because of the City's use of the easement shall be the responsibility of the owner of the sign. The City when possible, shall give the owner prior notice of the use of the easement which will affect the sign. This is also applicable to all exempt signs. 2. Signs may be internally or externally li hted as long as the light is so designed as to be shielded away from, adjoining residential premises and does not impair drivers' visibility on adjoining rights of way. T. AMORTIZATION AND ABATEMENT OF NON - CONFORMING SIGNS: 1. The following types of signs shall become non - conforming upon passage of this section, and shall be brought into compliance or removed within b months of the date of this ordinance: Prohibited signs as defined in Section 12.0. (As amended by Ordinance No. 1954 dated April 9, 1992) Zoning Ordinance Page 12 - 10 12.4 VARIANCES A. GENERAL PROVISIONS: The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this section. For the granting of a variance, a favorable vote of no less than 4 of 5 members of the Zoning Board of Adjustment shall be necessary. The Board shall be authorized to grant a variance from the terms hereof if and only if, they find that the strict enforcemen{ of this section would create a substantial hardship o the a plicant, by virtue of unique special conditions not generally found within the City, and at the granting of the variance would preserve the spirit and intent of the Ordinance, and would serve the general interests of the public and the applicant. (As amended by Ordinance No. 1954 dated April 9, 1992) Zoning Ordinance Page 12 - 11 ALOWABLE AREAS FOR FREESTANDING SIGNS FRONTAGE MAX. AREA' (FEET') (SQ. FT.) 0 -50 25 51 -100 50 101 -150 75 151 -200 100 201 -250 125 251 -300 150 301 -350 175 351 -400 200 401 -450 225 451 -500 250 501 -550 275 551 -600+ 300 NOTES TABLE I 1. FRONTAGE - the number of feet fronting on a public street to which a sign is oriented. 2. AREA - the area in square feet of a single face sign, or (1) side of a double face sign, or half the sides of a multi -face sign. 3. The area of a freestanding sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contain all extremities, exclusive of supports, of a horizontal view of the sign. 4. The maximum area of any freestanding sign may not exceed either that allowed by the chart above or the square of (1 /6) the distance in feet from the base of the sign to the curb or pavement edge of the frontage street, whichever is greater. •5. On corner lots, the frontage street shall be the greater street as classified on the throughfare plan. Where two streets are the same, the applicant may choose the frontage street. ALLOWABLE HEIGHTS FOR FREESTANDING SIGNS (Distance from curb/ pavement edge in feet) AT LEAST LESS THAN HEIGHT 10 15 4.5' 15 20 8.0' 20 25 11.0' 25 30 14.0' 30 35 16.0' 35 40 19.0' 40 45 21.0' 45 50 23.0' 50 55 26.0' 55 60 29.0' 60 65 31.0' 65 70 34.0' 70+ 35.0' 0 100+ '50.0' NOTES 1. DISTANCE FROM CURB - the distance in feet from the curb or pavement edge to the nearest part of the sign. 2. HEIGHT - height of the sign measured from the elevation of the curb or pavement edge. 3. No freestanding sign shall exceed 35' in height except as in No. 5 below. 4. On corner lots only. the frontage street (as defined in No. 4. above) can be used to determi;�. height and area. '5. Tracts zoned C -1. C -2, C -3. M -1 & M -2 with a mini- mum 100' of frontage on S.H.6 East Bypass may have a sign up to a maximum of 50' in height with a minimum distance from the right -of -way of 100% The sign shall not be closer than 200' to any property zoned R -1, R- 1A, R -2 or R -3. Zoning Ordinance Page 12 - 12 TABLE II Summary of Sign Regulations Sign Permitted Maximum MaXJmum no Number Permit Classification District Area Height Setback Allowed Required Subdivision all 150 sf 15' 10' from ROW Sec.12.33 yes Area I. D. all 16 sf 4' 10' from ROW Sec. 12.3.B yes Apt. /Condo /MH R- 4,R- 5,R- 6,R -7' 100 sf 10' 10' from ROW 1 /project' yes Development all 35 sf on 50 ' ROW 15' 10 ' from ROW 1 yes (Project) Sec. 12.3.P 65 sf on 60' ROW Prohibited Sec. 12.3.0 150 sf on 70' ROW ' Refer to Sec. 12.3.C. (As amended by Ordinance No. 1695 dated February 12, 1987) 250 sf on >70' ROW Development all same as above 15' 10' from ROW 1 yes (Subdivision) Traffic R -4, R -5, R -f Control C -1, C -2, C -3, Real Estate all Finance / all Construction i, A -P. 3 sf 4' 4' from curb 1 /curbcut no M -1, M -2 <150' frontage -16sf 8' 10' from ROW Sec. 12.3.G no >150 ' frontage -32 sf < 150' frontage -16 sf 8' 10' from ROW 3 const. no > 150' frontage -32 sf 1 finance Political all See Table 1 10 'from curb n/a no if area > 2 sf Roof shall be treated as commercial freestanding sign Freestanding A -P 100 sf 10' 10' from ROW 1 /premise yes if > 2 acres Freestanding C -1, C -2, C -3, M -1 ,M -2 See Table 1 Sec.12.3.K yes Low Profile A -P, C -2. C -3, 60sf 4' 10' from ROW Sec. 12.3.K yes Attached Sec.12.3.1, yes Exempt Sec. 12.3.P Prohibited Sec. 12.3.0 ' Refer to Sec. 12.3.C. (As amended by Ordinance No. 1695 dated February 12, 1987) Zoning Ordinance Page 12 - 13 SIGN AREA rY�I SIGN (X) (Y) =AREA MINIMUM CONDITIONS FOR MORE THAN ONE FREESTANDING SIGN street ' Prope Lin 1000' MIN.-L4 z Sign I ��Sign CD I I I I Zoning Ordinance Page 12 - 14 Curb Line ge e l �e G� ea �'� �Y X \ 'I �S Ec k � .Q) FREESTANDING SIGN (X)(Y)=AREA r Curb Line e� ��e� � p er S�`r Gee r °pe� eel S O' Y eb �j � q X 4' MAX. LOW PRO FILE SIGN � es s er pr °A Spr ee (X)(Y)<60 SQ. FT. Zoning Ordinance Page 12 - 15 i ' L am rft w ROOF TYPES R Li Eave Line SHED Buffer yards shall be designed using one of the choices below: REQUIRED PLANT UNITS /100' 4 Canopy Trees 0 16 Understory Trees( 24 Shrubs n MINIMUM PLANT SIZES Plant Unit Sampte Plantings Muttiplier per 100' Section 0,75 Canopy Trees - Z' Capper (30 gal.) Understory Trees - 5' -6' ht. (15 gal.) Shrubs - 2' -3' ht. (5 ga(.) Note #1: Masonry Wall must be a 0.75 minimum of 8" thick with foundation. When this district abuts non - residentially zoned or developed property there is no buffer yard requirement. In cases where the property does not equal a multiple of 100 feet, the buffer yard planting shall still be required, based on a percentage of the length present. If the buffer yard area is heavily wooded then additional plantings and irrigation may not required. Calculations tha result in portions of trees or shrubs (.5 or greater) shall be rounded upward. Minimum Lot Dimensions: The minimum lot width and depth shall be 100 feet each, but the minimum lot area shall also be 20,000 square feet. Impervious Surface: Impervious surface is a measure of land use intensity and is the proportion of a site occupied by impervious surfaces including, but not limited to, buildings, sidewalks, drives and parking. No more than 70% of a rot or site in this zoning district shall be covered with an impervious surface. Floor Area Ratio: Floor Area Ratio (FAR) is a non - residential land use intensity measure analogous to densit It is the sum of the areas of several floors of a building compared to the total area of site. The maximum FAR in this district shall not exceed Buildup Setbacks: The minimum building setback from all roperty lines shall be 30 feet. When abutting non - residentially zoned or used land the rear setback may be reduced to 20 feet. Zoning Ordinance Page 7 - 40 Building Height: No portion of any structure or building in this district and within 75 feet of an existing platted residential property line or within 100 feet of an existing residence on an un patted tract, shall exceed one story or 20 feet in height. When greater than 75 feet Trom a residential property line, the maximum height shall not exceed 2 stories or 35 feet.. Building Materials: All main buildings shall have not less than ninety (90 %) percent of the total exterior walls, excluding doors, windows and window walls, constructed or faced with brick, stone, masonry, stucco or precast concrete panels. Lighting: All exterior lighting designed for security, illumination, parking lot illumination or advertising shall be designed pointing downward to ensure that it does not extend into adjacent residential properties. Nighttime lighting shall be low level lighting and so situated as to not directly or indirectly extend into adjacent residential properties. Utility Service: All new utility services or upgrading of existing services shall be installed underground according to City standards. Signs: Any detached or freestanding signage shall meet the criteria established in Section 12 of the Zoning Ordinance relating to low profile signs. Materials shall match building facade materials Any applicable State and/or Federal regulations regarding the following criteria shall be followed as well. Noise: All uses and activities conducted within this zoning district shall conform to the requirements and limitations set forth in the City of College Station Code of Ordinances, Chapter 7, Section 2: Noise. Odors: No operation shall permit odors to be released which are detectable at the property line. Other District Regulations: Uses should be designed to provide adequate access and internal circulation such that travel through residentially zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7 p.m. and 6 a.m. must meef all the performance criteria established in this section, as well as limit vehicular access into the site through a designated access point that mitigates any adverse impacts of the traffic on surrounding residential areas. E. ADDITIONAL STANDARDS: This section may be applied to any conditional use proposed in this district when either the City Planner or Gity Engineer believe that the existing performance standards contained in this ordinance are insufficient to address the proposed use because of its technology or processes and thus, will not effectively protect adjacent existing or future land uses one or both shall so advise the P &Z in wnting . In such cases the Planning & Zoning Commission shall hold a hearing to determine whether a professional investigation or analysis should be performed to identify and establish additional reasonable standards. If so determined, based on the information presented at the hearing, the Planning ,& Zoning Commission will identify the areas to be investigated and analyzed and will direct the staff to conduct the appropriate research necessary to develop standards for successful management of the new project. Any and all costs incurred by the City to develop additional standards shall be charged to the applicant and included as an addition to the cost of either the building permit fee or zoning application fee. F. PARKING REGULATIONS: Refer to Section 9 G. LANDSCAPING REGULATIONS: Refer to Section 11. H. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2180 dated May 23, 1996) Zoning Ordinance Page 7 - 41 7.24 DISTRICT NG - NORTHGATE A. PURPOSE: The Northgate Area is one of the oldest urban areas within the City of College Station. The Northgate Redevelopment Plan which is incorporated herein by reference, describes the Northgate area as having_ played an important role in serving both the City of College Station and Texas A &M University and as a unique "campus neighborhood" containing local businesses, churches and off - campus housing in close proximity to the University. Existing development in the Northgate area has aged and deteriorated and as a result, needs revitalization and redevelopment. Therefore, this zoning district and zoning regulations have been designed to aid in revitalization and redevelopment that is compatible with and will serve to preserve the character of the Northgate area. This zoning district and concomitant regulations are only applicable in this area. The Northgate District, consists of three Sub-Districts (1) NG -1 Historic Northgate, (2) NG -2 Commercial Northgate, and (3) NG -3 Residential Northgate. The following standards apply to the entire Northgate District. B. DEFINITIONS: For the following purpose of this district, certain words as used herein are defined as follows: 1. REDEVELOPMENT - the revision or replacement of an existing land use or existing site through the acquisition or consolidation , and the clearance and rebuilding of this area according to a comprehensive plan. 2. SITE DEVELOPMENT - any excavation, landfill or land disturbance, including new construction, reconstruction, relocation, or change of use. 3. REHABILITATION - the process of returning a structure to a state of utility, through repair or alteration, which make possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value. 4. FACADE WORK - the removal, or replacement, substitution or change of any material or architectural element on the exterior face of a building, which includes but is not limited to painting, material change, awning or canopy replacement, signage, or other permanent visible facade treatment. 5. NEW CONSTRUCTION - the creation, relocation, or enlargement of any structure. C. REVIEW PROCESS: The following review process is hereby established for this zoning district: 1. All proposals involving site development or redevelopment in the Northgate District shall require a review by a review subcommittee of the Northgate Revitalization Board (NR B). The NRB review subcommittee shall consist of four members that are designated b y the NRB Chairperson, in conjunction with the Project Review Committee (PRC), as established under Section 10 of this Zoning Ordinance. 2. Applicants shall file an application accompanied by a site and landscape plan to the City Planner no less than ten (10) days prior to the NRB /PRC meeting at which the � roposal is to be reviewed. Application forms may be obtained from the Office of the ity Planner. 3. After a completed application has been submitted that meets all application requirements the Planning Office shall notify the applicant of the time date, and place of the kkT3 /PRC meeting. Minutes shall be kept for all NRB /PRC meetings. The NRB /PRC shall file a coppyy of the meeting inutes together with a copy of e final an approved by the NRB /PRC, certifie'd by the City Planner for compliance with fhe N1�B /PRC requirements with the City Planner. Guidelines on preparation of a site plan are set out in Section 10.1 -C and shall be reference to prepare site plans for submission. All site development and redevelopment must be conducted subsequent to and in compliance with the approved site plan and /or landscape plan. Zoning Ordinance Page 7 - 42 APPEAL: Appeals from decisions of the NRB /PRC shall be to the Planning and Zoning Commission. All appeals must be submitted in writing and within 10 days of the NRB /PRC decision to the office of the City Planner. The City Planning office shall schedule a hearing of the appeal before the Commission within 30 days from receipt of the letter of appeal. D. SPECIAL RESTRICTIONS: Recent parking and traffic studies conducted for the Northgate Redevelopment Plan reveal that there is a significant deficiency in the numbers of available parking spaces and that existing parkin and traffic facilities are sub- standard. Because each particular use has relatively different parking and traffic impacts, when reviewing a project the NRB may require additional parking and traffic impact studies, a review of existing occupancy, and other reasonable appropriate data to determine the impact of the project. Additional parking or landscaping may be required where studies reveal that it is necessary to relieve or mitigate this impact. E. SUB - DISTRICT REGULATIONS 1. SUB - DISTRICT NG -1 HISTORIC NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing historically significant structures which are included in the Northgate Historic Resources Survey, as well as structures that are eligible for inclusion in the National Register for Historic Places. This subdistrict also applies to areas containing a diversity of pedestrian- oriented retail and entertainment businesses that are in close proximity to on- campus dormitories. This zoning district shall incorporate regulations in accordance with the Northgate Redevelopment Plan which are designed to aid structural rehabilitation and pedestrian- oriented infili development in a manner compatible with the character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Alcoholic beverage sales - retail and wholesale Apartments or residential condominiums Bank Bed and Breakfast Bookstore, retail and wholesale Child Care Cleaner, dry and pressing lant, laundry and /or linen supply Commercial amusements (excluding sexually oriented commercial enterprises) Domestic household equipment rental, storage Dormitories Filling Stations Furniture, appliance store, sales, service Hardware store Public parking building or lot for operating vehicles Printing and reproduction Private lod es, fraternal Radio or TV stations or studios, (no towers) Restaurant, without drive -in Retail sales and services, under 7500 square feet Theaters and motion picture houses Any other use determined by the Commission to be of the same general character as the above permitted uses. Zoning Ordinance Page 7 - 43 c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the eneral character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Apartment Hotel (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group Housing (4) Night Clubs d. REVIEW PROCESS: (1) The review proc , rehabil ess for this section for roposals involving new construction, site development, redevelopmentitation or facade work in the NG -1 Subdistrict is the same as that established in Section 7.24C herein above. (2) Proposals involving solely rehabilitation or facade work shall require approval by the review subcommittee of the Northgate Revitalization Board (NRB), as established in Section 7.24C.1 herein above. Such proposals must be in compliance with Section 7.24E.1.e. herein below regarding the treatment of historic structures. APPEAL: Appeals from decisions of the NRB shall be to the Planning and Zonin Commission. The appeal procedures are the same as those established in 7.2 C herein above. e. HISTORIC STRUCTURES: Structures over 50 years in age that are reflected as high or medium priority structures in the Northgate Historic Resources Survey or have been determined to be eligible for inclusion on the National Register of Historic Places shall be treated using methods and materials in accordance with the Secretary of the Interior's Standards for Rehabilitation, as outlined in Attachment A. f. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of Ordinances. Refer to Table A. g. PARKING REQUIREMENTS: Off - street parking shall be as required by the NRB /PRC in accordance to parking and traffic impact study data. h. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bicycle parking spaces per business plus 1 additional space ?or each 1000 square Ieet of floor area above 2,000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per dwelling unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. i. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landsca e /streetscape improvements shall be required along at least 1/3 of the length of a property s frontage onto public streets. Doorway widths and driveways shall be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. Zoning Ordinance Page 7 - 44 (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lanting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, Fight features trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. j. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. k. PARKING SCREENING: A three foot high parking screen shall be provided when arking is adjacent to public Rig t of Way. Screening may be accomp)ished using plantings, berms, or structural elements. 1. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscapping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 2. SUB - DISTRICT NG -2 COMMERCIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing larger retail commercial uses and undeveloped land.. This subdistrict also applies to areas identified in the Northgate Redevelopment Plan as suitable for mixed -use redevelopment in close proximity to Texas A &M University. This zoning district shall incorporate regulations desi ned to aid mixed -use development and redevelopment in a manner compatible with the general character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. All permitted uses in NG -1, plus the following: Apartment Hotel Bowling alley Drive -in sales Drive -in eating establishment Hotel Motel Retail sales and services, over 7500 square feet Shopping Centers Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Fraternity or sorority houses and fraternity or sorority meeting places (2) Group Housing (3) Hospital, sanitarium, nursing home, or convalescent home (4) Night Clubs Zoning Ordinance Page 7 - 45 d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations, of the City of College Station Code of Ordinances. Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required by the NRB /PRC in accordance to parking and traffic impact study data. The offstreet parking required b the NRB /PRC shall not exceed the minimum parking requirements set forth in the Parking Requirements contained in Section l of this Zoning Ordinance. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bicycle parking spaces per business plus 1 additional space for each 1000 square feet of floor area above 2000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. g. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landscape /streetscape improvements shall be required along at least 1/3 of the lenglh of a property s frontage onto public streets. Doorway widths and driveways s11a11 be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lanting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, light features trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. Provided however, if the applicable site complies with both the Area Requirements and Landscape Requirements established for Subdistrict NG -2 and District C -1, the sign re ulations for the NG -2 Subdistrict shall be the same as those established for the r_ 1 district. i. PARKING SCREENING: A three foot higgh parking screen shall be provided when parking is adjacent to public Right of Way. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 3. SUB - DISTRICT NG -3 RESIDENTIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing a variet of residential uses and structures, some of which may be historically significant and included in the Northgate Historic Resources Survey. This subdistrict also applies to areas determined to be suitable for higher density residential developments due to its close proximity to Texas A &M University. This zoning district incorporate regulations in accordance with the Northgate Redevelopment Plan, which are designed to aid pedestrian - oriented redevelopment in a manner compatible with the residential character of the Northgate area. Zoning Ordinance Page 7 - 46 b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Townhouses Apartment(s) and Apartment buildings Convalescent homes Home occupations Dormitories Parking lots associated with other permitted uses in this district Rooming and Boarding houses Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Bed and Breakfast (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group housing d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of'Ordinances. Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required by the NRB /PRC in accordance to parking and traffic impact study data. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of a minimum of r bicycle space per dwelling unit. In no case shall more than 20 bicycle parking spaces per apartment project be required. g. LANDSCAPE REQUIREMENTS: Refer to Section 11 of the Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. i. PARKING SCREENING: A three foot high parking screen shall be provided when arking is adjacent to public Right of Way. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. EXEMPTIONS: Legally nonconforming structures and uses shall refer to Section 10 of this Zoning Ordinance to determine whether and to what extent they are exempt from the requirements in this ordinance. (As amended by Ordinance No. 2183 dated June 13, 1996) Zoning Ordinance Page 7 - 47 7.25 DISTRICT PDD PLANNED DEVELOPMENT A. PURPOSE: The Planned Development Districts (PDD) accommodate proposals for the same or similar uses to be developed as integrated units such as offices, commercial or service centers, shopping centers, industrial uses, residential developments or proposals where any appropriate combination of uses which may be planned, developed or operated D as integral land use units either by a single owner or a combination of owners. AA D may be used to permit new or innovative concepts in land utilization not ermitted by other zoning districts in this ordinance. It may also be used to permit developments that existing districts do not easily accommodate. While greater flexibility is given to allow speciar conditions or restrictions which would not otherwise allow the development to occur, procedures are established to insure against misuse of increased flexibility. The PDDs are appropriate in areas where the land use plan reflects either the specific uses proposed in the PDD or where the land use plan reflects mixed use as a land use category. B. PERMITTED USES: Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use if consistent with the following categories: 1. Planned Development District - Housing (PDD -H) - Any use permitted in the residential zoning districts is permitted in a PDD- development excluding uses listed below. 2. Planned Development District - Business (PDD -B) - Any use permitted in the office and commercial zoning districts is permitted in a PDll -B development, excluding uses listed below. 3. Planned Development District - Industrial (PDD -I) - Any use permitted in the R &D or industrial zoning district is permitted in a PDD -I development, excluding uses listed below. 4. Planned Development District - Mixed Use (PDD -M) - Any combination of uses permitted in the residential, office, commercial or industrial zoning districts are permitted in a PDD -M development, excluding uses listed below. C. PROHIBITED USES: The following uses are not allowed in any PD District: Sexually Oriented Enterprises Mobile or Manufactured Housing D. PLANNED DEVELOPMENT REQUIREMENTS: Requests for a PDD designation shall be processed as a rezoning request and shall follow the procedures stated in 'section 17 of this ordinance unless otherwise specified in this section. The development plan for the proposed PDD shall be required that shows the location of the lanned development and the relationship of the various land uses included in the development. The form and content of the development plan shall be in sufficient detail to enable the Planning and Zoning Commission to evaluate the proposal and ascertain that it meets the following: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area. 2. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan including all its elements and will be consistent with the intent and purpose of this section. 3. The proposal will not adversely affect adjacent development. 4. Every dwelling unit has access to a public street directly or via a court walkway or other public area or area owned by a homeowners association, but need not front on a public street. Zoning Ordinance Page 7 - 48 5. The provisions for parking spaces for all uses will be as established in Section 9 of this ordinance. Alfernative pparking standards may be allowed where the applicant provides evidence showing fhe alternative is acceptable to the City and meets the intent of Section 9. Development requirements for each separate PD District shall be included as a part of the development plan for each PD District and shall include, but may not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ration, parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, project _phasing or scheduling management associations, and other requirements as the City council and Planning ana Zoning Commission may deem appropriate. The preparation of preliminary and final plats for the development shall be prepared in accordance with the provisions of the Subdivision Regulations and with any modifications approved by the Planning and Zoning Commission or City Council on the development plan. The preparation of site plans for the development shall be in accordance with the provisions of the Zoning Ordinance and with any modifications approved by the Planning and Zoning Commission or City Council. E. The PD District shall be designated as a zoning district on the City Zoning Map once Council approves the PDD. F. The Ordinance grantingg a PD District shall include a statement as to the purpose and intent of the planned develo ment granted therein. All specific conditions of approval that are imposed by the City Council shall be listed in the PDD ordinance and development plans shall be referenced as attachments. G. SPECIFIC DEVELOPMENT CRITERIA: Buffer Yards: Each proposed development shall be reviewed to determine the compatibility of the development with surrounding and uses. Open space buffers shall be required o separate land uses within the planned development from land uses adjacent to the planned development unless it is determined by the Planning and Zoning Commission that no incompatibility exists between the land uses. No structure, pparking lot, equipment pad, or other manmade construction not approved by the City s1 be placed in an open space buffer. Buffer yard choices shall, at a minimum be those found in Section 7.23 R &D District, subsection D. Performance Criteria. Wider buffer yards may be required by the Planning & Zoning Commission where necessary to mitigate negative impacts of more intense uses on less intense uses either within the PDD or between the PDD and adjacent uses or districts. Buildin Hei hts: Where structures within the planned development are proposed to exceed t irty- ive feet (35') in heigght on land adjacent to any residential use or an residential or agricultural zoning disfricts, such structures shall be located a minimum of one foot (1') from the boundary of the open space buffer described in Section F above for each two feet (2') of h eight over thirty five feet (35'). Access and Frontage: Planned developments designated as PDD -B, PDD -I, or PDD -M shall have fron tage ong and access to major arterial streets on at least one side of the proposed development. Access through a residential area to a PDD -B, PDD -I, PDD -M via a local street (as defined in the City's Subdivision Regulations) is prohibited. H. CONDITIONS OF APPROVAL: The Planning and Zoning Commission or City Council shall not approve a planned development if it finds that the proposed planned development: 1. does not conform with applicable regulations and standards established by this ordinance; Zoning Ordinance Page 7 - 49 2. is not compatible with existing or permitted uses on abutting sites or with uses internal to the PDD, in terms of use, building height, bulk and scale, density, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section; 3. potentially creates unfavorable effects or impacts on other existing uses in the area or potential permitted uses in the area that cannot be mitigated by the provisions of this section; 4. adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; 5. fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; 6. adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or 7 will be detrimental to the public health, .safet , welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by he Commission or City Council. 8. does not enerally comply with the policies adopted in the Comprehensive Plan of the City o, College Station. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the Subdivision Regulations and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Meritorious modification of these standards may be considered. J. Overall density in any planned development shall not exceed that shown on the Land Use Plan for the particular location. Lesser densities may be required to ensure compatibility with surrounding existing neighborhood densities. K. The gg.ranting of a PDD designation shall not relieve the developer from responsibility for complying with all other applicable sections of the Zoning Ordinance, and other codes and ordinances of the City of College Station unless such relief is specified in the approved development plan. L. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service an d parking areas, common open spaces, buffer areas and common recreational areas at the time the development plan is submitted. If an owners association shall be reviewed by the City to assure compliance with the provisions of this ordinance. M. All Planned Development districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map.. A list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the office of the City Planner. N. All changes of use from those approved in the original PDD shall require Planning & Zoning Commission approval. Minor additions and modifications o the approved development plans meeting the criteria below shall be approved by the City Planner: 1. Minor additions to structures, with a floor area no larger than 10 percent of the existing floor area of the main floor, not to exceed 5,000 square feet. 2. Minor new accessory structures if the location does not interfere with existing site layout (e. . circulation, parkin , loading, storm water management facilities, open space, landscaping or buffering. Zoning Ordinance Page 7 - 50 3. Minor additions to parking lots comprising no more than 25 percent of the original number of parking spaces required, not to exceed 25 spaces. 4. Clearing or grading that does not exceed 5,000 square feet in area. 5. With Council authorization on the originally approved development plan there may be an increase of no more than 25 percent of the total number of dwelling units for single - family attached or multi - family developments as long as the maximum allowable density shown on the land use plan is not exceeded. (As amended by Ordinance No. 2297 dated January 7, 1998) Zoning Ordinance Page 7 - 51 DISTRICT USE SCHEDULE - TABLE A Dist. Min. Lot Min. Lot Min. Lot Min. Front Min. Side Min. Side Min. Rear Max. Max. Net Area /DU Width Depth Setback Setback St. Setback Setback Height DU /AC RESIDENTIAL DISTRICTS A-0 5 acres 50' 20' 15' 35' R -1 5,000 SF 50' 100' 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 8.0 R -IA 4,000 SF none none 25'(D) 7.5'(C) 15'(F) 20'(F) 2.5 story/35' 10.0 R -113 8,000 SF none none 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 6.0 R -2 3,500 SF 35'(E) 100' 25'(D) 7.5'(C) 15'(F) 20'(F)(H) 2.5 story/35' 12.0 R -3 2,000 SF 20' 100' 25'(D) (A)(B) 15'(F) 20'(F) 35' 14.0 R-4 25'(D) (A)(B) 15' 25'(F) 2.5 story/35' 16.0 R -5 25'(D) (A)(B) 15' 20'(F) 45' 24.0 R-6 Lot area, setbacks, height determined by site plan review; density above 24 DU /acre determined by City Council R -7 See Mobile Home Park Ordinance. NG -3 No Minimum 15' 60' no max. (1) PUD Sec. 7.19 for restrictions. A -OX 2.0 Acres 50' 15' 15' 25' 35' A -OR 1 Acre 50' 25' 25' 50' 35' 1.0 COMMERCIAL DISTRICTS C -N Sec. 7.10 24' Sec. 7.10 25' (A)(B) 15' 15' 35' A-P, C- 1, C-2*, C-3, CB 24' 100' 25' (A)(B) 15' 15' NG -1 01 0) (B) 0' 15' 50' NG -2 0'(J) (B) 0' 15' None(J) C -PUD Sec. 7.20 for restrictions. *When C -2 abuts single family residential, duplex, or townhouse development or zoning districts. 24' 100' 25' 40' 15' 40' 35'(G) INDUSTRIAL DISTRICTS M -1 100' 200' 25' (A)(B) 15' 15' M-2 25' (A)(B) 25' 15' A - A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. B - Lot Line construction on interior lots is allowed where access to the rear of the building is provided on the site or by dedicated right -of -way or easement. C - Zero lot line construction of residence is allowed where property on both sides of lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single family residence or duplex be built within 15 feet of another building. D - Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. E - The minimum lot width for duplex dwelling may be reduced to 30 ft. /DU when all required off - street parking is provided in the rear or side yard. Zoning Ordinance Page 7 - 52 F - The following restrictions shall apply to accessory buildings, structures or uses other than garages, carports and living quarters for family or servants: a minimum rear setback of 15 feet is required; and a maximum building eaves height of 8 feet is allowed. The following restrictions shall apply to garages and carports: a minimum rear setback of 20 feet is required; and a minimum side street setback of 20 feet is required for garages or carports that face onto side streets. The following restrictions shall apply to accessory buildings or structures used for living quarters for family or servants: a minimum rear setback as stated in Table A above for the district in which the accessory building or structure is located is required; and a maximum size not to exceed 25% of the area of the principal structure is allowed. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than 30% of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures or uses. G - The maximum building height may exceed 35' if all setbacks observe an additional setback of 2' for every foot above 35' of building height. H - Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. I - Minimum Density of 12 DU /Acre required. J - If structure is higher than 50 feet a 25' setback from public Right of Way is required. DU- Dwelling Unit. DU /Acre - Dwelling Units per acre, in the zone, under one ownership excluding streets, parks, etc. Min. Lot Width - Lot Width at front setback line. (As amended by Ordinance No. 2183 dated June 13, 1996) Zoning Ordinance Page 7 - 53 SECTION 8. SUPPLEMENTARY DISTRICT REGULATIONS The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this section. 8.1 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 defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property nines intersection; except that fences, walls, and /or hedges may be permitted f rovided that such fences, walls, and /or Fledges do not impair vision from three (3) feet to six 6) feet above the curb line elevation. 8.2 ACCESSORY BUILDINGS /STRUCTURES No accessory building /structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building /structure if the Building Official has determined that it does not require a building permit. 8.3 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. 8.4 NUMBER OF PRINCIPAL STRUCTURES ON A LOT OR BUILDING PLOT: (As amended by Ordinance No. 2432 dated January 27, 2000) In any single family residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building plot. In all districts, more than one (1) structure housing a permitted principal 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 building plot. 8.5 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 protection and not intended for occupancy. 8.6 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. AIl 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. Zoning Ordinance Page 8 - 1 8.7 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. A. 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 propperty line to a depth of the setback specified for the district in which the lot is located. T[ie required front setback line represents the line in front of which no building or structure may be erected except that orches and steps open on three (3) sides located along not more than one -half (1/2 of the the 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. B. 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 (b) feet. C. 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. 8.8 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 transportingg recreational equipment, whether occupied by such equipment or not. No such equipment shn 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. 8.9 PARKING AND STORAGE OF CERTAIN VEHICLES Automotive vehicles or trailers not bearing urrent license plates and state motor vehicle inspection stickers or not in operating condition shall be parked or stored on any residentially zoned property on'1y in completely enclosed buildings. Excepted from this are vehicles being repaired or serviced in compliance with the definition of Automobile Repair Shop. 8.10 SCREENING FENCES REQUIRED 1. Where there is a common side or rear lot line or lot lines between commercial or industrial land and developed residential areas, the owner of said 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. 2. Where there is a common side or rear lot line or lot lines between apartment land and developped 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. 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 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. Pence shall be erected prior to construction. Zoning Ordinance Page 8 - 2 8.11 SHOPPING CENTERS MULTIPLE BUILDING COMPLEX AND LARGE PROJECTS IN GENERA, 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 subsection shall be restricted to the review of the impact of such project on: (1) the neighboring land and environment, (2) traffic generation, (3) proposed circulation patterns and implications to safety in the rolect area, and (4) the resultant impact of such traffic generation and circulation upon adjacent street systems. The Zoning 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 or - Zoning Official. The building permit, when issued, shall require construction according to the approved plot plan, construction plans and specifications. 8.12 CONDITIONAL USES The following conditional uses may be permitted in any district when they meet special regulations and conditions prescribed by the Planning and Zoning Commission upon recommendation of the Project Review Committee through the issuance of a Use Permit (See Section 14). Detailed examination of proposed location and use characteristics is necessary to maximize compatibility. Child Care. Convalescent homes. Churches. Medical clinics. Pharmacies. Public libraries. Community buildings (municipal or non - profit organizations). Hospitals, sanitariums, or nursing homes. Municipal service facilities and buildings (excluding parks which are permitted in any district). Public or private parking lots and any related accessory use. Schools, public or denominational. Telephone exchanges. (As amended by Ordinance No. 1712 dated June 25, 198 7) Temporary retail sales of concrete products (as associated with the temporary buildings and equipment permitted under 8.14 above . (As amended by Ordinance 1Vo. 235 dated October 22, 1998) Zoning Ordinance Page 8 - 3 8.13 CONTROL CONTAMINATION OF THE AIR WATER OR THE ENVIRONMENT AND TO SAFEGUARD THE IfEALTH, SAFETY AND WELFARE OF TIE PEOPLE. A. No machine, process or procedure shall be employed on any property in the City, in which: 1. Emission of smoke, dust, noxious, toxic, or lethal gases are detectable beyond the perimeter of the property. 2. 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 ppropperty which are noxious, toxic, radioactive, contain oil or grease wood or cellurose fibers, hair, feathers, plastic, or have a pH factor above {en ( t ) or below five (5). 3. Vibration is discernible beyond the property line. 4. Noise above the ambient noise level is discernible beyond the property line. 8.14 TEMPORARY BUILDINGS AND EQUIPMENT Temporary buildings and equipment for uses incidental to construction work on remises are allowed in any zone but shall be removed upon the completion or abandonment of construction work. None shall be located on any public street at any time during construction. 8.15 PARKS ARE ALLOWED IN ANY ZONE. 8.16 YARD FENCES Fences of wood, chain -link or similar material, and less than eight (8') feet in height; and fences of brick, stone, concrete or similar material, .and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit. 8.17 TEMPORARY SALES OFFICES AND MODEL HOMES May be located within residential districts as part of an on -going residential development. Any temporary sales office or model home shall be removed or converted to a use permitted within the district when Certificates of Occupancy have been issued to 80% of the associated residential units or when use as a sales office or model home has ceased. Signage shall be limited to one (1) sign not exceeding sixteen (16) square feet, either attached or freestanding. If freestanding it shall not be within any right -of -way. Zoning Ordinance Page 8 - 4 8.18 RECYCLING FACILITIES A. PURPOSE: The purpose of this section is to establish standards for large and small rec cling facilities that will encourage recycling by offering convenient, versatile drop - ofrpoints. Certain standards that regulate signage, fencing and screening, hours of operation, security, setback sight clearance, landscaping, parking and noise are necessary to ensure that all o&r goals and objectives of t>'ie comprehensive plan are met. B. DEFINITIONS COLLECTION FACILITY - LARGE: A recycling facility located on an independent site, or larger than 500 square feet, where limited mechanical processing may or may not occur, depending on the zoning district in which the facility is located. COLLECTION FACILITY - SMALL: A facility that occupies no more than 500 square feet, and provides containers for collection only of source separated recyclables, with no power -driven processing equipment on site. Small collection facilities are normally located on parking lots of the host use. These may include, but are not limited to, bulk reverse vending machines, a grouping of reverse vending machines that exceed 50 square feet, kiosk type structures that may include ermanent structures, and unattended recycling bins placed for the donation of recyclable materials. RECYCLABLE MATERIALS: Those materials specifically listed at a particular site as acceptable. Such materials may include, but are not limited to,. aluminum products, clean glass containers, bimetal containers, newspapers, magazines, periodicals, plastic containers, yard waste, paper and cardboard, phone books, and scrap metal. RECYCLING: The separation, collection, processing, recovery and sale of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste, which are intended for reuse, re- manufacture, or re- constitution for the purpose of using the altered form. RECYCLING BIN: A container used to collect recyclable materials, at which no fee is collected from the person depositing the materials. REVERSE VENDING MACHINE: An automated mechanical device which accepts at least one or more types of beverage containers includin�, but not limited to, aluminum cans, glass and plas bottles, and which issues a cash refund or a redeemable credit slip. Sorting and processing occurs entirely within the machine. REVERSE VENDING MACHINE - BULK: A reverse vending machine that is larger than 50 square feet and is designed to accept more than one container at a time and to pay by weight. For the purpose of these restrictions, bulk reverse vending machines will e considered small collection facilities. REVERSE VENDING MACHINE - SINGLE FEED: A reverse vending machine that accepts materials one item at a time. C. SINGLE FEED REVERSE VENDING MACHINES: Single feed reverse vending machines may be located with a mit either in the interior or immediate exterior or commercial, industrial, or publi er c facilities. D. SMALL COLLECTION FACILITIES: Each project shall receive Project Review Committee review. Small collection facilities may be permitted when established on an improved surface in conjunction with an existing commercial or industrial use or public facility. The host facility must be in compliance with all City codes. No facility may occupy more than five hundred (500) square feet, nor occupy more than five (5) pparking spaces of the host site. All vehicular and pedestrian circulation aisles sFiall be unobstructed. Setbacks: Each facility shall be set back at least ten(10) feet from any Right of Way line when located in front of the host use. Side, side street, and rear setbacks established for commercial uses shall be maintained. Zoning Ordinance Page 8 - 5 Containers intended for 24 -hour donation of materials shall be at least forty (40) feet from any property zoned or developed for residential use. Attended facilities within 100 feet of residentia zoned or developed property shall operate only between the hours of 9:00 a.m. and 7:00 p.m. Landscaping: A small collection facility shall not be placed on the host site in such a manner as to impair the landscaping required for the subject site. Parking One space will be required if an attendant is provided. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the minimum number required by ordinance for the host site. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shaft not exceed 70 dBA. Signage: Each container must be clearly labeled with a sign, limited to one per container and no larger than twenty (20) percent of the side upon which the sign is placed, to provide inTormation pertaining to the type of material to be collected within the container, and the name and telephone number of a person responsible for maintenance who may be contacted at all times. E. LARGE COLLECTION FACILITIES: Each project shall receive Project Review Committee review. Large collection facilities may be located in any commercial district upon receipt of a Conditional Use Permit, and shall be a permitted use in any industrial zoning district. Any facility located within 500 feet from propert zoned or developed for residential use shall not be in operation between 7:00 p.m. and Y:m a.m. Mechanical processing may be permitted in C -1 C -2, and in any industrial district. Light processing, including compacting, baling, an� shredding, must be directly related to efficient temporary storage and shipment of materials. No facility as described in this subsection shall abut property zoned or developed for low density residential use. Setbacks and Landscaping: Setbacks and landscaping shall be those provided for the zoning district in which the facility is located. No lot line construction shall be permitted. Parking: A minimum of six (6) spaces shall be provided, plus one space per employee and for each vehicle of the facility. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shaft not exceed 70 dBA. Signage: Each container shall be clearly marked to specify materials that are accepted. The name and telephone number of the operator, and the hours of operations shall be conspicuously displayed. All sign regulations of the district in which the facility is loca ed shall apply. Screening: Each facility shall be screened from the public right = of -way by operating in an enclosed -building with no outside storage or by operating within an area enclosed by an opaque fence at feast eight 8) feet in height. (As amended by �rdinance No. 1905 dated September 12, 1991) Zoning Ordinance Page 8 - 6 8.19 OV CORRIDOR OVERLAY DISTRICT (As amended by Ordinance No. 2151, October 12, 1995) A. In the event that an area is rezoned to apply, the overlay district, this district shall apply to all multi - family, commercial, and in ustrial property, and where applicable to single family, duplex or townhouse development. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. B. PURPOSE: This district is established to enhance the image of key entry points, major corridors, and other areas of concern as determined by the City Council, by maintainin g a sense of openness and continuity. in cases of conflict between this overlay district and the underlying zones, the more restrictive regulation shall apply. C. SETBACKS: All buildings will be set back 40 feet from the Right of Way (R.O. W .). Where parking is located in the front of the building, there shall be a front setback of 0 feet from the R.O.W. to the parking area. D. BUILDING AESTHETICS: Building colors shall be harmonious with the existing man- made or natural environment, and only compatible accent colors shall be used. AlFcolors shall be approved by the Project Review Committee (P.R.C.). Elevation drawings and color samples must be provided by the applicant. E. SIGNS: Signs shall include no more than three colors and two lettering styles. At least one of the colors must match the predominant colors of the building. Freestanding signs shall be limited to the restrictions of Table I, but shall not exceed the height of the building. No flags, pennants, banners, or other wind -driven devices will be permitted except for a 30 day period during the opening of an establishment. F. LANDSCAPING: Reserved. (As amended by Ordinance No. 2317 dated March 12, 1998) G. ELECTRICAL UTILITIES: (a) All future feeder lines along University Drive shall be installed underground. (b) Overhead distribution lines may be permitted along rear property lines and no farther up side roperty lines than is necessary to access the rear property line of an adjacent property. (c) All customer service facilities (primary or secondary) within the Overlay District shall be underground. H. STORAGE: Outside storage or display shall be screened from the roadway. I. SCREENING: If arking is in front of the building, it must be screened by: an earth berm thatmeasures three (3) feet in height with a slope and profile that is easily maintainable OR a planting strip that is continuous and measures three (3) feet in height at the end of one growing season. Vegetation used for screening purposes shall not accrue points toward the landscape requirements OR a masonry wall that matches the architectural style and color of the development. OR a combination of any of the three screening methods mentioned above. Walls and planting strips shall be located at least two (2) feet from any parking area. Screening must be maintained during the life of the development. Zoning Ordinance Page 8 - 7 Where the street and the adjacent site are at different elevations, the P.R.C. may alter the height of the screening to ensure adequate screening. J. Dumpsters shall not be visible from any R.O.W. K. SPECIAL RESTRICTION FOR GASOLINE SERVICE STATIONS: In cases where the underlying zoning district permits gasoline services stations and a station is proposed, the following restrictions shall apply: 1. ACTIVITIES RESTRICTED: no major emergency auto repair. no body, fender, or paint work. no sale or rental of vehicles. all activities except those associated with fuel pumping must be conducted within an enclosed building. service bays and car wash bays shall be oriented to face away from any R.O.W. Where this is impossible, screening methods will be required. 2. SETBACKS: Front Side Rear Side Street Main building 40' 25' 25' 25' Fuel pumps 50' 25' 25' 25' Canopies 40' 15' 15' 15' 3. STORAGE AND DISPLAY: - no outside storage or display of merchandise. - storage tanks must be located below grade. - no outside storage of vehicles. - ice and vending machines must be enclosed in a building. - no additional advertising within view of the R.O.W. 4. SIGNS - sign height shall be restricted by the provisions of Table I, but shall not exceed the height of the building. - one detached sign and two attached signs will be permitted. - no freestanding fuel price signage shall be permitted. - signs for air, water and other similar services or products must meet the criteria for exempt signs. (As amended by Ordinance No. 1926 dated November 20, 1991) Zoning Ordinance Page 8 - 8 8.20 WIRELESS TELECOMMUNICATION FACILITIES (WTF) (As amended by Ordinance No. 2288 dated December 11, 1997) A. The purpose of this section is to establish clear regulations pertaining to wireless telecommunications facilities that are consistent with f and state law. The City Council of the City of College Station finds that: It is in the public interest to romote competition in high quality telecommunications services and the availability oT broadband transmission services to all residences and business. It is in the ublic interest for the City to protect the public safety and welfare, safeguard community -land values, promote orderly planning and development and preserve historic sites, structures and areas. Wireless telecommunications facilities should not be allowed to detract aesthetically from the visual quality of surrounding properties or the City. The proliferation of wireless telecommunications facilities negatively impacts the appearance and character of the community. Therefore the City should endeavor to minimize the size, number and obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly encouraged to mitigate negative visual impacts and reduce the total number of towers within the City. B. WTF USE CATEGORIES: In order to expedite the siting and review process WTF's have been divided into use categories. The review process is more fhorougb as the intensity of the use increases. 1. UNREGULATED FACILITIES: The WTF's listed below are not regulated by this ordinance and do not require review or approval. This does not exempt these facilities from other applicable city codes, ordinances, and permits. a. Direct -to -home service antenna, citizen's radio band antenna, amateur radio antennas. b. Parabolic antenna less than 2 meters in diameter. C. Omni - directional antenna (whip antenna) 6" or less in diameter and not extending more than 12' above support structure. d. Directional antenna 1 meter or less measured across the longest dimension and not extending over 12' above support structure. e. Public safety tower or antenna. 2. INTERMEDIATE FACILITIES: a. New transmission tower less than 35 feet (10.5 meters) in height. b. Parabolic antenna over 2 meters in diameter. C. Omni - directional antenna (whip ntenna greater than 6" in diameter and /or extending 12' above the support structure. d. Directional antenna more than 1 meter measured across the longest dimension and extending over 12' above support structure. e. Attached WTF's. 3. MAJOR FACILITIES: New transmission tower greater than 35 feet (10.5 meters) in height. Zoning Ordinance Page 8 - 9 C. GENERAL REGULATIONS 1. ZONING All Intermediate WTF's are permitted in the following zoning districts: A -O M -1 C -1 PDD (except PDD -H) A -P R &D C -2 C -B WPC NG C -3 M -2 Major WTF's are permitted in the following zoning districts: M -2 Major WTF's are allowed in the following zoning districts with a Conditional Use Permit as discussed in Section D -3: A -O M -1 C -1 C -3 A -P R &D C -2 2. SETBACKS: The standard setbacks for each zoning district will apply to WTF's with additional setbacks or separation being required in the sections below. To protect citizens in their homes, transmission towers shall be placed a distance equal to the height of the tower away from any residential structure or R -1, R -1 A, or R -2 zone boundary. 3. PROXIMITY TO MAJOR THOROUGHFARES: To preserve and protect the City's major thoroughfares and entrances to the City, additional setbacks are placed on WTF's proposed to be placed near these areas. The setback for these areas is determined by measuring from the centerline of the right -of -way of the thoroughfare. Applicable thoroughfares include freeways and expressways, major arterials and minor arterials, as shown on the Thoroughfare Plan. a. Intermediate WTF's must be 150' from applicable thoroughfares. b. Major WTF's must setback from applicable thoroughfares by the height of the tower x3. 4. SEPARATION BETWEEN TOWERS: In order to prevent tower proliferation and protect the City's natural beauty and skyline, the number of transmission towers per square mile has been limited. new transmission towers must be placed a minimum distance from existing towers as described here: a. New transmission towers 35 feet or less in height shall be separated from existing towers by a minimum distance of 1500 feet. b. New transmission towers more than 35 feet and less than 100 feet in height shall be separated from existing towers by a minimum distance of 2500 ft. C. New transmission towers 100 feet or more in height shall be separated from existing towers by a minimum distance of 3500 ft. 5. HEIGHT LIMITATIONS: All WTF's are subject to the normal hei ht restrictions for each zoning district where permitted by right. In any zoning dgstrict where a tower is a conditional use, the allowable height is determined through the review of the visual impact analysis. In no case shall a proposed transmission tower exceed 150' within the city limits, except where a height variance is granted by the Zoning Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating on a proposed site within the city limits. 6. LANDSCAPING SCREENING AND AESTHETIC STANDARDS: The following requirements shall govern any transmission tower or any parabolic antenna larger than 2 meters. Zoning Ordinance Page 8 - 10 a. Landscaping: Refer to Section 11 of the Zoning Ordinance. Plant materials and /or fencing that effectively screens the WTF site from view of the public right -of -way will be required. b. New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or be painted in accordance with any applicable standards of the FAA (unfinished galvanized steel is not acceptable). C. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. WTF's shall not be artificially lighted with the exception of motion detectors as security lighting, unless r uired by the FAA or other applicable authority. If lighting is required, the Cify may review the available righting alternatives and approve the design that would cause the least disturbance to the surrounding properties. e. Towers may not be used to exhibit any signage or other advertising. 7. SPECIAL DISTRICTS AND OVERLAY DISTRICTS: Special districts have been established in the City for the purpose of protecting their historical significance and aesthetic qualities. In some cases, WTF's are allowed in these areas with the following restrictions. To preserve the aesthetic beauty and architectural significance and promote economic growth, intermediate use WTF's (except new transmission towers) are allowed in the listed districts. They shall be placed behind the imaginary front of the most major (largest gfa) structure on site or behind any building }ace abutting a right -of -way. Additionally, they must be located out of sight of public right -of- -way e_lh er by screening, strategic siting or stealth technology. These requirements pertain to the following special districts: 1. North ate 2. Wolf Pen Creek 3. Overlay Districts 4. PDD (except PDD -H) 5. C -B\ 8. STEALTH TECHNOLOGY DESIGN: Any WTF with appropriate stealth technology design approved by the Planning & Zoning Commission may be located in any zoning district. Approved WTF s do not Have to meet the additional setbacks for tower separation (section C.4) or thoroughfares (section C.3). 9. ATTACHED WTF'S: WTF's may attach to the exterior of any non - residential and non - historic building within any zoning district provided the antenna and antenna support structure or equipment is mounted flush with the vertical exterior of the building or ro no more than 24 inches from the surface of the building to which it is attached and does not raise the height of the building more than Meet and does not violate the maximum height restriction of that zoningg district. The attached WTF must be textured and colored so as to blend with the surrounding surface of the building. D. REVIEW PROCESS 1. WTF REGISTRATION: All intermediate and major WTF's must be registered with the City. This will allow the City to keep track of all WTF's within the city limits, facilitate the review process and aid in long range planning. Zoning Ordinance Page 8 - 11 2. SITE PLAN REVIEW: Site plans shall be submitted pursuant to the provisions of Section 10 of the zoning ordinance. All property owners within 500 feet of any O ro erty line of the host site for the WTF site shall be notified by the Planning ffice. In addition to the requirements set forth in Section 10, the following is required: a. A WTF Facility Plan drawing that identifies the location, height, and type of all existing applicant -owned wireless telecommunications facilities in Brazos County and the proposed facility must be submitted. b. The location type, and height of the proposed facility. At least three collocation alternatives to the applicant's development proposal along with proof of a genuine effort in collocating on or attaching to an existing support structure. A certified letter addressed to potential lessors is required in addition to evidence that demonstrates that no existing tower or support structure can accommodate the applicant's proposed WTF. Any of the following may be submitted as evidence: (1) No existing structures are located within the geographic area required to meet applicant's engineering requirements. (2) Existing structures are of insufficient height to meet applicant's engineering requirements. (3) Existing structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (4) Electromagnetic interference would be caused between the proposed and existing facilities. (5) The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing support structure for sharing exceed those for new tower development. (6) The applicant demonstrates that there are other limiting factors that render existing structures unsuitable. C. A visual impact analysis, presented either with drawings or photographs. Four views or elevations shall be submitted looking toward the site (typically north, south, east and west), including site and the surrounding properties measured from the center point of the tower out to a distance equal to three times the height of the proposed tower. This drawing will depict a " skyline" an view showing the entire height of the proposed tower d the structures, trees, or any other objects contributing to the skyline profile. The proposed tower, drawn to scale, should be included in the view. d. Certification of compliance with FCC regulations and emission standards. e. Notification of an impending Environmental Assessment required by the National Environmental Protection Agency (NEPA) and a copy when the assessment is completed. f. A letter addressed to the City declaring an intent and willingness to construct a proposed tower that would allow at least 2 other service providers to locate here. 3. CONDITIONAL USE PERMITS: Some major WTF's must receive a conditional use _permit (CUP) (section C.1) under the procedures set forth in Section 14 of the zoning ordinance. In addition to the standard guidelines, the following additional factors shall be considered by the Planning & Zoning Commission when determining whether to grant a CUP for WTF's: a. height of the proposed tower, surrounding topography and surrounding tree coverage and foliage as they relate to: Zoning Ordinance Page 8 - 12 (1) skyline impact, examining whether the proportions of the structure appears to dominate or blend in with the surrounding environment. (2) shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use of enjoyment of surrounding properties. b. design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. c. proximity of the tower to residential structures and residential district boundaries. d. economic impact on adjacent and nearby properties. e. proposed ingress and egress. f. availability of suitable alternatives and /or existing support structures. E. ABANDONMENT Any WTF that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such a facility shall remove same within 60 days of receipt of notice from the City notifying owner of such abandonment. If such facility is not removed within said 60 days, the City may, remove such facility at the property owner's expense. If there are two or more users of a single WTF, then this provision shaI] not become effective until all users cease operations on the tower. (As amended by Ordinance No. 2288 dated December 11, 1997) Zoning Ordinance Page 8 - 13 8.21 NEIGHBORHOOD PRESERVATION OVERLAY (As amended by Ordinance No. 2432 dated January 27, 2000) A. In the event that an area is rezoned to apply this preservation overlay, this district shall apply to all single- family residential property in the underlying district. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to applied in addition to the underlying use and site restrictions. B. In addition to the requirements of the District Use Schedule - Table A, the following minimum lot area requirements apply to single family residential property: (a) The minimum lot size is the platted lot or building plot as it existed on the effective date of this ordinance; or, (b) For new lots or building plots created by subdivision, platting, replatting or partition, a minimum of 8,500 square feet. Zoning Ordinance Page 8 - 14 SECTION 9. MINIMUM PARKING REQUIREMENTS 9.1 PURPOSE It is the purpose of this section to establish the guidelines for off - street parking spaces consistent with the proposed land use to: 1. Eliminate occurrence of non - resident on- street parking in adjoining neighborhoods. 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space. 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. 9.2 OFF - STREET PARKING SPACES REQUIRED In all districts, for all uses, at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, there shall be provided off - street parking spaces for motor vehicles in accordance with the requirements specified herein. A. DIMENSIONS AND ACCESS (See illustrations at end of this section): (As amended by Ordinance No. 2317 dated March 12, 1998) 1. Each off - street parking space for automobiles shall have an area of not less than nine feet by twenty feet (9' x 20'). An eighteen foot paved space may be utilized where an additional two feet 2' of unobstructed area is provided for vehicle overhang. 2. Each off - street parking space for truck unloading shall have an adequate unloading area. 3. Each parking space and the maneuvering area thereto shall be located entirely within the boundaries of the building plot except as set forth in Chapter 3, College Station City Code. 4. There shall be adequate providsions 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, arterial or collector streets as reflected in the Comprehensive Plan for the City of l College Station. Circulation aisles between or adjacent to head -in (90 degree) parking spaces shall be a minimum of twenty -three (23) feet in width. One way circulation aisles with angled parking shall be a minimum of twenty (20') feet. All other circulation aisles shah be determined by the Project Review Committee. 5. From the public right -of -way, there shall be a twenty -four (24') setback to act as a landscape reserve. - Existing trees of four inch (4" ) caliper or more must be preserved (these may count toward street tree requirements). Parking may be allowed in this area but at a maximum of seven (7) contiguous spaces and only if they are screened. More than one series of seven (7) spaces may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Paved areas that are not arranged as parking spaces may be permitted within the 24' landscape reserve, but at a maximum of 1134 square feet and only if the area is screened. More than one series of 1134 square feet of pavement within the reserve may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Entrance driveways are permitted to traverse the reserve area and are not considered part of the reserve. In no event shall pavement be located within 6' of a right -of -way, unless the pavement is part of an entrace driveway. 6. END ISLANDS Zoning Ordinance Page 9 - 1 A raised island, encompassing not less than one hundred eighty (180) square feet in area, shall be located at both ends of every interior parking row and at both ends of every peripheral parking row, regardless of the length of the row. (As amended by Ordinance 2317 dated garch 12, 1998) 7. INTERIOR ISLANDS For every fifteen (15) interior parking spaces 180- square feet of landscaping must be provided i somewhere n the interior rows of tie arking lot. Interior island areas may be grouped and configured as desired provided that circulation aisles remain clear. Interior islands may have sidewalks through them. End island areas that exceed the minimum required by counted toward the interior parkin island requirement. f.As amended by Ordinance No. 2097 dated November 10, 1994) (As amended by Ordinance 2317 dated March 12, 1998) 8. PARKING LOT ISLANDS All parking lot islands must be raised at least 6" and curbed, with the majority of the area pplanted or treated with enhanced paving. The bottom areas of planted islands must be contiguous with uncompacted soil. (As amended by Ordinance 2317 dated March 12, 1998) B. OFF - PREMISES LOCATIONS: For any new use, building or structure where the required off - street parking cannot be provided on the premises because of size or location of the lot or building plot, such parking may be provided on other propert under the same ownership in fee simple or under a perpetual easement which commits ?he land for parking for the use, building or structure, not more than two hundred (200 feet distant rom the building site provided the proposed parking area is located in a district where parking lots are permitted for that use. (As amended by Ordinance No. 1783 dated November 10, 1988) C. DEVELOPMENT AND MAINTENANCE OF PARKING AREA: Every parcel of land hereafter used as a public parking area, including commercial parkingg lots automobile farm equipment, mobile home, trailer, or other open-air sales lot, shaIl be developed and maintained in accordance with the requirements in this section. D. SURFACING: Except as otherwise provided all off - street parking areas shall be constructed with a minimum allowable parking 'lot pavement of one and one -half inches (1.5 ") of asphalt pavement of to of six inches (6 ") of limestone base. In the case where concrete pavement is desired the concrete shall be five inches (5") thick, with the exception that all designated fire lanes shall be six inches (6" ) thick. The reinforcement within the concrete section shall consist of number four Q4) bars on eighteen inch (18" centers, centered within the pavement thickness. A six inch (6 ") raised concrete curb shall be required around the entire perimeter of the lot and around all interior islands. Designee for pavement and curbing must meet minimum standards as depicted in Exhibit A. Variances to the standards shall be approved by the Planning and Zoning Commission. All off - street parking areas shall be installed graded to drain an d maintained so as to dispose of surface water accumulated within the area. parking L spaces shall be so arranged and marked so as to provide for orderly and safe parking of vehicles. (As amended by Ordinance No. 2226 dated December 12, 1996) E. LIGHTING: All lighting fixtures used to illuminate an off - street parking area shall be arranged so as to direct or shield the light away from any adjoining residential premises. Zoning Ordinance Page 9 - 2 F. NON - PUBLIC, ALL - WEATHER DRIVE SURFACES: Temporary or permanent drive surfaces that are required for emergency access or turnaround for emergency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the City Engineer for ahe specific conditions stated below: TEMPORARY ALL - WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all-weather drive surface. This surface may consist of the permanent pavement as described in Section 9.2.1) or may consist of four inches (4") of limestone base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Hi hways, Streets and Bridges, 1993 Edition, Item 316. This temporary all- weather surface must be reworked or replaced to meet the permanent pavement standard as described in Section 9.2.13 . prior to issuance of a certificate of occupancy. SEMI - PERMANENT ALL - WEATHER SURFACE (during phasing) - In cases during phasing of a large project, emergency access and turnarounds often must be added as a temporary measure until additional phases are constructed. These emergency access areas may consist of "permanent pavement as described in Section 9.2.13., or may consist of six inches (6') of limestone base with one - course 1) seal coat as s ecified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridgges, 1993 Edition, Item 316. If the semi - permanent surface is used the six -inch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL - WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases, the area required for emergency access only may consist of permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two - course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition Item 316. If the seal -coat surface is used, a six - inch (6 ") curb is not required, and these areas must be gated or protected from public usage and si ned for emergency access only (s amended by Ordinance No. 2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and /or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the facility first opened, this parking may be supplied using the standards below. All such parking lots must receive site plan approval from the Planning & Zoning Commission following the site plan review procedures outlined in section 10 of the zoning ordinance. If these standards are allowed, the parkin lot may exist on a temporary basis, not to exceed 12 months. The beginning date of the 12 month period shall be determined by the Commission. (As amended by Ordinance No. 2226 dated December 12, 1996) STANDARDS 1. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the City Engineer. 3. Entrance to the lot from any public right -of -way is at the discretion of the Commission based on recommendation of the City Engineer. Zoning Ordinance Page 9 - 3 4. When entrance is allowed to the lot from a public right -of -wayy that portion of the entrance located in the right -of -way must be paved with an a1f weather surface as approved by the City Engineer. 5. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto pubric rights -of -way. REVIEW BY THE COMMISSION The Commission shall take into consideration the following when reviewing any request for a temporary parking lot: Safe and convenient traffic control and handling, both internal and external. Assured pedestrian safety. Efficient and economic access for public utility and emergency vehicles. Runoff, drainage and flood control. Impact on adjacent land uses. Whether in a particular case the above standards will be detrimental to the public health, safety or general welfare. The Commission ma yy impose any additional standards necessary to the protection or preservation of the public health, safety or general welfare. FUTURE COMPLIANCE At the end of the 12 month period the lot must be brought up to full compliance with parking lot standards applicable to the use as required b the Zoning Ordinance or the Iot, including all paving material, must be removed and the area no Ionger used for the parking of vehicles. If the lot is removed, the area must be sodded, seeded or hydromulched with grass within 10 days of removal. Driveway access shall be removed and curb and gutter replaced. (As amended by Ordinance No. 1781 dated October 13, 1988) 9.3 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 - PARKIN REQUIREMENTS. The classification of uses referred to shall be deemed to include and apply to all uses. (As amended by Ordinance o . 2139 dated July 13, 1995) Zoning Ordinance Page 9 - 4 Exhibit A, Figure 1 #4 BAR (TYP) -,z� F 6" 1' It . n A» f� /1 2' 4 BARS (TYP) CURBING .1 �n OPTIONS ASPHALT PAVEMENT Zoning Ordinance Page 9 - 5 4 � L Exhibit A, Figure 2 6" 1' 11 A a, n A n rl #4 BARS (TYP) A p A r] _r 0 CURBING CONCRETE Zoning Ordinance OPTIONS PAVEMENT Page 9 - 6 Exhibit A, Figure 3 L REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' FLARE 10' RADIUS Zoning Ordinance MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 7 _. EXPANSION JOINT REINFORCED CONCRETE 6" THICK #3 BARS 18" C —C I 1 I I L i I L ' 1 L L REMOVE ENTIRE CURB AND GUTTER SECTION Zoning Ordinance Exhibit A, Figure 4 EXISTING PAVEMENT NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' STRAIGHT FLARE MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 8 REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C Exhibit A, Figure 5 REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY COMMERCIAL DRIVE URBAN ROADWAY MINIMUM SLOPE 5% 1AXIMUM SLOPE 10% Zoning Ordinance Page 9 - 9 REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C Exhibit A, Figure 6 L 1 EDGE EDGE OF ROAD PAVEMENT MATERIALS MAY VARY. IN GENERAL DRIVEWAY MATERIAL SHOULD MATCH THE ROADWAY MATERIAL UP TO THE R.O.W.. PAVEMENT DESIGN IS SUBJECT TO APPROVAL BY THE CITY ENGINEER. MINIMUM CULVERT SIZE SHALL BE 24'. DEPTH OF COVER OVER THE PIPE VARIES WITH MATERIALS USED. CULVERT DESIGNS ARE SUE TO THE APPROVAL OF THE ENGINEER. V rll \1L. -J/ 1 111\ VV 6:1 SLOPED HEADWALL 4" THICK CONCRETE REINFORCED W/ 6 "X6" WIRE MESH THE SLOPED HEADWALL SHOULD EXTEND TO THE TOP OF CURB WHERE DRIVES HAVE CURB PIPE M ^WLINE 1/ h // COMMERCIAL DRIVE/ RURAL ROADWAY Zonmig Ordinance Page 9 - 10 MINIMUM OFF - STREET PARKING REQUIREMENTS (Amended by Ordinance No. 2139 of July 13, 1995) Type of Generator Unit Spaces Per Unit Plus -For Apartment 1 Bedroom BR 1.5 2 Bedroom BR 1.5 2 Bedroom (each BR less than 132 sq. ft.) BR 1.25 3 Bedroom BR 1.0 Airport As determined by the Commission Banks 250 S.F. 1.0 Bowling Alley As determined by the Commission Bus Depot As determined by the Commission Church Seat .33 Convalescent Home Bed 0.5 Duplex Dwelling 1 Bedroom DU 2.0 2 Bedroom DU 2.0 3 Bedroom DU 3.0 Dormitory Person 1.0 Day Care Center 250 S.F. 1.0 Fraternal Lodge 75 S.F. 1.0 Fraternity /Sorority House Person 1.0 1/30 S.F. meeting room Freight Station As determined by the Commission Funeral Parlor Seat .33 Game Court Center Court 4.0 Gasoline and Fuel Service 300 S.F. 1.0 Group Housing BR 2 As determined by the Commission (As amended by Ordinance No. 1854, dated July 26, 1990) Health Studio 150 S.F. 1.0 Hotel DU 1.0 Hospital As determined by the Commission Home for Aged Bed .5 Laundry 150 S.F. 1.0 Manufactured Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Mobile Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Motel DU 1.1 Motor Vehicle Sales & 250 S.F. 1.0 Service (Office /Sales Area) Motor Vehicle* Sales & 100 S.F. 1.0 Service (Service Area) Zoning Ordinance Page 9 - 11 Type of Generator Unit Spaces Per Unit Plus -For Medical or Dental Clinic (with Drive -thru facility) Rooming /Boarding House (<20,000 200 S.F. 1.0 Sales Display S.F.) 1.0 Single Family Residence (20,000 - 50,000 S.F.) 275 S.F. Shopping Center ** (20,000- 225 S.F. 1.0 (75,000 S.F. or less) 50,000 S.F.) Shopping Center ** (> 50,000 275 S.F. 1.0 (More than 75,000 S.F.) S.F.) Townhouse (As amended by Ordinance No. 1968, dated August 13, 1992) Motion Picture House Seat .25 Truck Terminal (As amended by Ordinance No. 1800, dated February 9, 1989) Night Club 50 S.F. 1.0 Office Building 250 S.F. 1.0 Personal Service Shop 250 S.F. 1.0 Private School or 100 S.F. 1.0 Commercial Studio Retail Sales & Service 250 S.F. 1.0 Restaurant 65 S.F. 1.0 (includes Fast Food Restaurant WITHOUT drive through) (As amended by Ordinance No. 2029, dated August 26, 1994) Restaurant 100 S.F. 1.0 (with Drive -thru facility) Rooming /Boarding House Person 1.0 Sales Display 250 S.F. 1.0 Single Family Residence DU 2.0 Shopping Center ** 150 S.F. 1.0 (75,000 S.F. or less) Shopping Center ** 200 S.F. 1.0 (More than 75,000 S.F.) Townhouse DU 2.0 Theater Seat .25 Truck Terminal As determined by the Commission Veterinary Clinic 300 S.F. 1.0 (As amended by Ordinance No. 2002, dated February 25, 1993) Warehouse 1000 S.F. 1.0 NOTE: DU - Dwelling Unit; S.F. - Square Feet of floor space. Generators of traffic not listed above to be deter- mined by the Commission. * Parking spaces within service bays shall be credited toward off - street parking requirements. ** No more than twenty -five (25 %) percent of any shopping center square footage shall be utilized for restau- rants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements for that square footage of such uses in excess of 25 %." Zoning Ordinance Page 9 - 12 90 PARKING DIMENSIONS 20' 23' 20' 91 91 j L ANGLE PARKING DIMENSIONS 60 -60' MIN: 45 -56' MIN. o'' 2 X� Zoning Ordinance Page 9 - 13 L L l� 4 w, Cub N Zoning Ordinance SINGLE PARKING ROW ,,-Z Overhang — 'Raised Island DOUBLE Raised Island T w O N PARKING ROW Tree • Page 9 - 14 SECTION 10. SITE PLAN REVIEW REQUIREMENTS Prior to any development other than single family or duplex development or for development pursuant to a conditional use permit an applicant must obtain site plan approval under this section. No such developmenf shall be lawful or permitted to proceed without final site plan approval. All improvements reflected on approved site plans must be constructed at the tame of development. All terms and conditions of site plan approval must be met at the time of development. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.1 APPLICATION PROCEDURE A. Any development requirin site plan review shall submit a site plan including landscaping (as required by Section 11 B. No approval of a site pplan which fails to meet the express requirements of city ordinances shall be granted unless a variance to such requirements has been granted by the appropriate appeals board or commission. C. Required in the application or therewith shall be the following, together with any other information reasonably necessary for the review process: 1. An application for site plan review. 2. A fully dimensioned site plan, drawn to an appropriate Engineering scale on a 24"X 36" sheet of paper, reflecting: (a) The name, address and telephone number of the Applicant. (b) The name, location and legal description of the proposed project. (c) Ownership and current zoning of all abutting parcels. (d) A key map. (e) Topography and final grading plan, and other pertinent drainage information. (f) All existing streets, drives, buildings, and water courses on or adjacent to the proposed project site. (g) Floodplains on or adjacent to the proposed project site. (h) The location and size of existing utilities within or adjacent to the proposed project site. (i) The proposed location, type, and size of the following: (1) Buildings and structures. (2) Streets, drives, and curb cuts. (3) Off - street parking areas with parking spaces drawn and tabulated. (4) Sidewalks. (5) Landscape information as required in Section 11 of this ordinance. (6) Common open space sites. (7) Sites for solid waste containers. (8) Proposed signage. Zoning Ordinance Page 10 - 1 (j) The total number of residential buildings and units to be constructed on the proposed project site. (k) The total number of bedrooms included in the proposed project. (1) The density of dwelling units per acre of the proposed project. (m) The gross square footage of all non - residential buildings and the proposed use of each building. (n) The total site area. - (o) Other information as required by staff. (As amended by Ordinance No. 2273 dated October 23, 1997) Zoning Ordinance Page 10 - 2 10.2 ADDITIONAL REQUIREMENTS In order to be approved, a site plan must provide for: (As amended by Ordinance No. 2273 dated October 23, 1997) A. Safe and convenient traffic control and handling. B. Assured pedestrian safety which may include the provision of sidewalks along the s enmeter of the propert y meeting the specifications for same as outlined in the ubdivision Regulations relative to width and placement. (As amended by Ordinance No. 20229 dated August 26, 1993) C. Efficient and economic public utility and sanitation access. D. Public road or street access. E. Satisfactory internal access; public, private or emergency. F. Adequate parking and maneuvering areas. G. Noise and emission control or dispersion. H. Visual screening trash receptacles or other areas offensive to the public or existing adjacent development. (As amended by Ordinance No. 2097 dated November 10, 1994.) I. Runoff, drainage, and flood control. J. Sign location, as an incident to the above considerations and the express requirements of this ordinance. K. Location and density of building or dwellings where toppography or characteristics of the site compel a lower density than would otherwise 6e allowed, or require location consistent with accepted engineering practices and principles. L. Visual screening from the right-of-way of parking lots for apartments. (As amended by Drdinance No. 2029 dated August 26, 1993) M. Compliance with standards guidelines and policies of the City's adopted Streetscape Plan that are not already covered by Sections 9 or 11. (As amended by Ordinance No. 2029 dated August 26, 1993) N. Compliance with the City's ado ted Streetscape Plan for minor arterial type street trees along collector streets will be determined by the City's adopted Streetsca Plan. (As amended by Ordinance No. 2273 dated October 23, 1997 O. Determination and clear indication of what constitutes the building plot for purposes of this ordinance and the sign ordinance, and the conditions or requirements imposed by the provisions of city ordinances. (As amended byOrdinance No. 2273 dated October 23, 1997) Zoning Ordinance Page 10 - 3 10.3 APPEAL An applicant may appeal interpretations of site plan requirements to the Project Review Committee within five (5) da s after the site plan review is completed. The Project Review Committee (PRC) shall includ three members of the Planning and Zoning Commission. Any member of the committee may designate a representative for himself to act in his absence. Any representative designated shall be a member of the Commission. The PRC is a governmental body and shall comply with the Open Meetings Act. Failure to appeal the PRC action shall constitute a contractual acceptance of all conditions imposed, and a waiver and surrender of all complaints, defects, or potential invalidity, whether under state or federal law. (As amended by Ordinance No. 2273 dated October 23, 1997) A. An applicant appealin an interpretation to the PRC shall file ten (10) copies of the final site plan as approved all changes and reeqq�uirements imposed during site plan review, and accompanied by a written explanafion of those interpretations being appealed. Until said copies are on file, no furt her development approval shall occur. (As amended by Ordinance No. 2273 dated October 23, 1997) B. An applicant may appeal only interpretations of staff in applying codes, ordinances, standards and policies. (As amended by Ordinance No. 2273 dated October 23, 1997) C. Any notice of appeal shall state with particularity the aspects which are to be appealed. D. An applicant may appeal a decision of the PRC to the Planning and Zoning Commission. (As ameed by Ordinance No. 2273 dated October 23, 1997) 10.4 DISCRETIONARY REVIEW The reviewin staff may forward through the Project Review Committee any site plan to the Planning and Zoning Commission for review and approval within three days after filing of the written report. The PRC must notify the applicant in writing. The PRC may elect to approve the site plan or may forward the plan to the Commission for consideration. The scope and extent of the review of the site plan by the Planning and Zoning Commission shall be equivalent to that of an appeal to the Projecf Review Committee. The Commission shall, upon takin& final action, issue a written report setting forth any conditions imposed under Section 10.2 above, and the reasons therefor. A revised copy of the site plan showing all such conditions and requirements shall be filed with the City Planner. No permits shall be issued prior to such filing. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.5 SPECIAL RULES FOR M -1 DISTRICTS RESERVED Zoning Ordinance Page 10 - 4 10.6 SPECIAL RULES FOR C -N DISTRICTS Site plan review and proposed uses within the C -N Neighborhood Business District are subject to approval by the Planning and Zoning Commission. Applicants shall file an application form with the City Planner no less than twenty (20) days prior to the regularly scheduled meeting of the Planning and Zoning Commission at which the plan is to be reviewed. The application form shall be accompanied by all supporting information required in Section 10.1 above, a list of property owners within 200 feet , and a receipt for filing fee. The application fee shall be determined by the City Council. * Property owners within two hundred (200) feet of the site shall be identified by the Planning Office using the Tax Rolls supplied by the Brazos County Appraisal District. A. Public notice by publication in a local newspaper shall be made at least fifteen (15) days prior to the date set for the public hearing. (As amended by Ordinance No. 2273 dated October 23, 1997) B. * The City Planner shall notify all propert owners of record within two hundred (200) feet of the property in . question at least ten (10) days prior to the public hearing. The notice may be sery ed by ifs deposit in the municipality, properly addressed with postage paid, in United States mail. (As amended by Ordinance No. 2285 dated December 11, 1997) C. The City Planner shall notify the applicant of the date, time, and place for the preliminary review of the project. (As amended by Ordinance No. 2273 dated October 23, 1997) D. The proposed roject shall be reviewed in accordance with Section 10.2 prior to the Planning and Zoning Commission meeting. Written recommendations shall be submitted to the Planning and Zoning Commission. A copy of this report shall be sent to the applicant. The applicant shall file ten (10) copies of the final site plan as approved, showing all changes and requirements of approval. The Planning and Zoning Commission shall hold a public hearing for the purpose of approving or denying the project plan. (As amended by Ordinance No. 2273 dated October 23, 1997) E. The applicant or the owners of forty percent (40%) or more of the property within two hundred (200) feet of the project sife may appeal to the City Council any determination made by the planning and Zoning Commission. The appeal should be made by petition filed with the City Secretary within ten (10) days after the public hearing. Zoning Ordinance Page 10 - 5 SECTION 11. LANDSCAPING (As amended by Ordinance No. 2317 dated March 12, 1998) 11.1 APPLICATION OF SECTION A. The landscaping requirements of this section apply to all land located in the City of College Station and proposed for site development,, but do not apply to single family townhouse, or duplex uses. The landscaping requirements shall apply to mobile and manufactured home parks but not to an individual mobile home or manufactured home on separately subdivided lots. Landscaping requirements shall become applicable to each individual lot at the time of site plan submittal. The streetscaping requirements of this section shall appply to all land in the City of College Station and proposed for site development, but do not apply to single family townhome, or duplex uses. Streetscaping requirements shall apply to mobile and manufactured home parks, but not to an individual mobile home or manufactured home on separately subdivided lots. Streetscaping requirements shall become applicable to each individual lot at the time of site plan submittal. All landscaping /streetscaping requirements under this section shall run with the land and shall apply against any owner or subsequent owner. B. Each phase of a phased project shall comply with this section. C. When the requirements of this section conflict with requirements of other provisions of this code, this section shall prevail; . provided however, that the provisions of this section shall be subordinate to the provisions of Sections 9 and 10 pertaining to traffic and pedestrian safety and the provisions of Ordinance 1729. 11.2 LANDSCAPING REQUIREMENTS A. The landscaping requirements shall be determined on a point basis by the following: Landscape Points required = 30 pts. per 1000 square feet of site area. The minimum number of points for any development is 500 points. Floodplains may be removed from site size calculations but then the existing trees within the floodplain may not be claimed for points. Projects may be phased with the phase lines being drawn 20' beyond any new site amenity. The portion left for subsequent phases shalt be of developable size and quality. B. Point values will be awarded for any type of canopy tree, non - canop tree, and shrub, provided that the species claimed for point credit are not listed on the Non -Point Tree List as prepared by the City Forester. Accrued landscaping points are expended on landscaping material with the following point values: (all caliper measurements are at twelve (12") inches above the ground. PLANT MATERIAL POINTS ACCRUED INSTALLED SIZE NEW PLANTINGS Canopy Tree 75 pts. 1.5" to 2" caliper 150 pts. 2.1 " to 3.4 " caliper 300 pts. 3.5" and larger Non -canopy Tree 40 pts. 1.25" caliper and larger Shrubs 10 pts. Min. 5 gallon Min. 1 gallon (dwarfs) Zoning Ordinance Page 11 - 1 EXISTING PLANTS* TREES NOT WITHIN BARRICADE AREA Canopy Tree 35 pts. 2" to 14.5" caliper Non -canopy Tree 40 pts. 1.25" caliper and larger TREES WITHIN BARRICADE AREA Canopy Tree 200 pts. Between 4" and 8" 300 pts. 8" and larger Non -canopy Tree 75 pts. Between 2" and 4" 150 pts. 4" and larger * To receive landscape points, all existing trees must be in good form and condition and reasonably free of damage by insects and /or disease. C. 100% coverage of groundcover or grass is required in parking lot islands swales and drainage areas, and the 24' landscape reserve unless otherwise landscaped or existingg plants are preserved. 100% coverage of groundcover or grass is also required in aIl unpaved portions of street or highway right -of -way on or abutting the property and adjacent property that has been disturbed during construction. If grass is to be used for groundcover, 100% live grass groundcover is required, whether by solid sod overlay or preplanting and successful takeover of grasses. D. Every project must expend a minimum of 50% of its point total on canopy trees. E. Every development must employ an irrigation system. F. Additional Point Credits (1) A ten percent (10 %) point credit will be awarded if twenty -five percent (25 %) or more of parking area consists of enhanced paving. (2) A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (fountains, benches and planters, water features, etc.). G. Sepparation Requirement - Canopy trees must be planted at a minimum of twenty feet (2U') from other canopy trees. Live Oaks (Quercus viginiana) must be planted at a minimum of 35' from other Live Oaks. H. Dispersal Requirement - Landscaping must be reasonably dispersed throughout all visible areas of the site. 11.3 STREETSCAPE REQUIREMENTS A. Along all ma or arterials and freeways one canopy ree for every twenty -five feet (25') of frontage shah be installed. Two (2) non -canopy trees may be substituted for each one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliper) may be substituted for each new tree. New trees must be planted within 50' (fifty feet) of the property line along the street. B. Along minor arterials, one (1) canopy tree for every thirty -two feet (32') of frontage shall be installed. Two (2) non -canopy trees may be substituted for one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliper) may be substituted for each new tree. New trees must be planted within fifty feet (5 of the property line along the street. C. Parking areas adjacent to a ROW shall be screened for any development if parking is located between a building and a street right -of -way. Screening may be accomplished using plantings, berms, structural elements, or combinations thereof, and must be a minimum of g ' above the parking lot pavement elevation. Zoning Ordinance Page 11 - 2 D. Dumpsters, concrete retaining walls where more than six vertical inches of untreated concrete are visible, off - street loading areas, utility connections and any other site characteristics that could be considered visually offensive must be adequately screened. E. Ve�ggetation must be set back twenty feet (20') from any driveway curb and forty-five feet (45') from the curb at intersections of streets. The unobstructed vertical field of vision must be between 2' 6" and 9' in height. F. Live Oaks must be planted a minimum of thirty feet (30') behind the street curb. G. Three hundred (300) additional points shall be provided for every fifty (50) lineal feet of frontage on a major or minor arterial. Driveway openings, sight clearance triangles, and other traffic control areas may be subtracted from total frontage. 1. A ten percent (10 %) point credit will be awarded if twenty -five percent (25 %) or more of parking area consists of enhanced paving. 2. A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (water features, etc.). 11.4 STREETSCAPE PLANT LIST 1. CANOPY TREES Cedar Elm Ulmw Live Oak( uercu; Winged Elm (Ulm Water Oak ( uerc Chinese Pistac e Post Oak uercu Burr Oak uercu: Goldenrain Tree 1 Water Oak ( uerc Bald Cy ress Tax Willow ak ( uer Red Oak (Ouercus 2. NON - CANOPY TREES Red Bud (Cercis canadens Tree Yaupon (Ilex vomito; Crabapple (Ma u Tree re e Myrtl e Shining Sumac (Rhus co Possumhaw (Ilex A& co Hawthorn ( rated us L. Bradford Pear P rus spec Texas Mt. Laure op on Mexican Plum (Prunus me Rusty Blackhaw vibu Zoning Ordinance Page 11 - 3 11.5 LANDSCAPE /STREETSCAPE PLAN REQUIREMENTS A. When a landscape / streetscape plan is required, the landscape /streetscape plan shall contain the following: 1. The location of existing property lines and dimensions of the tract. 2. The location of existing and proposed utilities and all easements on or adjacent to the lot. 3. An indication of adjacent land uses, existing development and roadways. 4. An irrigation system plan. 5. Landscape information: a. Landscape points required for site and calculations shown b. A table showing the size, type (canopy, non - canopy, shrub) and points claimed for proposed landscaping. c. Location of landscape plants on plan. 6. Streetscape information: a. Streetscape points required for site and calculations shown. b. A table showing the scientific and common plant names, size, type (canopy, non - canopy, shrub), and points claimed for proposed streetscaping. c. Location of streetscape plants on plan. 7. The location and diameter of protected existing trees claimed for either landscape or streetscape requirements, and an indication of how the applicant plans to barricade the existing trees from damage during construction. 11.6 MAINTENANCE AND CHANGES A. Landscaping / Streetscaping shall be maintained and preserved in accordance with the approved Landscape / Streetscape Plan. Replacement of dead landscaping / streetscaping must occur within forty -five . (45) days of by the Zoning Official or his delegate. Replacement material must be of similar character and the same or higher point total as the dead landsca in Failure to replace dead landscaping, as required by he Zoning Official, shall cons itufe a violation of this section of the ordinance for which the penalty provision may be invoked. B. Landscaping /Streetscaping Changes to Existing Sites 1. If changes constituting 25 % or more of the number of canopy and non -canopy trees are proposed, a revised landscape plan must be submitted for approval. Planting mus{ occur pursuant to this approved landscape plan. 2. Revised Landscape / Streetscape Plans shall meet the requirements of the Landscape / Streetscape Ordinance in effect at the time of the revised landscape /streetscape plan submittal. Zoning Ordinance Page 11 - 4 11.7 COMPLETION AND EXTENSION The Zoning Official or his delegate shall review all landscaping for completion in compliance with this section and the approved landscape /streetscape plan. Landscaping /streetscaping shall be completed in compliance with the approved plan before a Certificate of Occupancy is issued. however, the applicant may receive an extension of four (4) months from the date of the Certificate of Occupancy upon he approval of an application for extension with a bond or letter of credit in the amount of Five ($5.00) Dollars times the number of landscape / streetscape p oints required for the project. Failure to complete the landscaping/ streetsca ing according to he approved landscape / streetscape plan at the expiration of the bond or letter of credit shall constitute grounds for forfeiting he bond or castling of the letter of credit by the Zoning Official or delegate. Also, failure to complete the approved landscaping shall constitute a violation of this section. 11.8 REVIEW AND APPROVAL Landscape plans shall be reviewed by the appropriate staff or reviewing body as outlined in Section 10.1. 11.9 PARKING, STORAGE, OR DISPLAY Parking, storage, or display of vehicles or merchandise on required landscape /streetscape areas or required islands shall be considered a violation of this ordinance. 11.10 ALTERNATIVE COMPLIANCE PERMITTED Variations to the requirements of Section 11 may be approved if the landscape plan is sealed by a registered landscape architect. Such plans must show reasonable evidence that the requirements as set forth in Section 11 were used as a guide. (As amended by Ordinance No. 2317 dated March 12, 1998) Zoning Ordinance Page 11 - 5 SECTION 12. SIGN REGULATIONS 12.1 PURPOSE The purpose of this section is to establish clear and unambiguous regulations pertaining to Sig ns in the City of College Station and to promote thereby an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. The City Council of the City of College Station hereby finds the following legislative facts: The proliferation of signs creates commercial confusion and makes it difficult for travelers and motorists to locate the goods and services they seek. The increasing height of signs within the City is an endless battle for a higher and more visible sign, and a reasonable limitation on the height of signs is necessary to prevent visual pollution, potential windstorm damage, injury or death. Excessive height in signs creates clutter and is unsightly and offensive to the members of this council and many, if not most, of the citizens in College Station. The establishment of a reasonable maximum height for signs will allow effective communication, prevent altitude competition, and will not penalize smaller business concerns which may not be We to compete for aerial superiority. Reasonable provisions pertaining to size, scale, location, desi n, lighting, permanency, and maintenance are necessary to avoid visual clutter, preserve ana improve the appearance and character of the community, to avoid traffic problems caused by distracting signs or structures in close proximity to streets, which compete with traffic signs and signals for the attention of motorists, and to prevent deterioration, disregard, and abandonment of signs or structures. This section will complement the provisions of the Federal Highway Beautification Act of 1972. The Council recoggnizes that signs are necessary for visual communication for public convenience, and that businesses and other activities have the right to identify themselves by using signs which are incidental to the use on the premises where the signs are located. The City Council herein seeks to provide a reasonable balance between the right of a person to identify his or her business or activity, and the rights of the ublic to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location and construction of signs. This section will insure that signs are compatible with adjacent land uses and with the total visual environment of the community, in accordance with the City's comprehensive plan for zoning and land use. The City Council finds that the rights of residents of this City to fully exercise their rights of free speech by the use of signs containing non - commercial messages are subject to minimum regulation regarding structural safety and setbacks forurposes of traf �F i rst o fsue c nd s m ig en s t protection. The Council seeks herein to provide for t e reasonably promp removal and disral h n after they have served their purpose and yet to avoid any interference wit freedoms, especially as to persons wh are of limited financial means. The Council finds that instances may occur in the application of this section where strict enforcement would deprive a person of the reasonable use of a sign, or the reasonable utilization of a sign in connection with other related property rights, and herein provides for such persons to have the right to seek variances from the requirements of this chapter for good cause. The Council finds that it is imperative that enforcement officials apply this section as it is written, in the interest of equality and fair and impartial application to all persons and that the use of the variance procedure shall remain the sole administrative means to obtain any exception to the terms hereof. Zoning Ordinance Page 12 - 1 12.2 DEFINITIONS SIGN means any written or graphic representation, decoration, form, emblem, trademark, used flag, banner, or other feature or device of similar character which is for the communication of commercial information, or communication of ideas or subjects of political significance, and which: A. Is a structure or any part thereof, including the roof or wall of a building, or a free standing wall or fence; B. Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning or vehicle, or upon any material, object or device whatsoever; and C. By reason of its form, color, wording, symbol design, illumination or motion attracts or is designed to attract attention to the subject thereof, or is used as a means of identification, advertisement or announcement. D. A sign shall be considered to be a single display surface, a double -faced display surface, or display device containing elements clearly organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign; provided, however, that the display of merchandise through glass windows in any zone where such merchandise may be sold in the ordinary course of business shall not constitute a sign or signs. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An attached sign or a freestanding sign with permanent foundation or moorings, designed for identification of a multi - family residential project or a mobile home park project, and where adequate provision is made for permanent maintenance hereunder. (As amended by Ordinance No. 1695 dated February 12, 1987) AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foundation or moorings, designed for identification of subdivisions of ten (10) to fifty (50) acres, or identification of a distinct area within a subdivision, and where adequate provision is made for maintenance hereunder. ATTACHED SIGN: A sign attached to or applied on and totally supported by a part of a building. BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and /or logo). COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold offered, or existin (As amended bi Ordinance No. 1954 dated April 9, 1992) DEVELOPMENT SIGN: A sign announcing a proposed subdivision or a proposed building project. (As amended by Ordinance No. 1702 dated April 23, 198 7) DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized as a traffic control device in off - street parking or access areas. FREESTANDING COMMERCIAL SIGN: A sign supported by one or more columns, poles or bars extended from the ground or from an object on the ground, or that is erected on the ground; the term includes all signs which are not substantially supported by a building or part thereof, or which are substantially supported by a building or part thereof, when the sole significant purpose of the building or part thereof, is to support or constitute the sign. (As amended by Ordinance No. 1954 dated April 9, 1992) FUEL PRICE SIGN: A sign used to advertise the current price of fuel at locations where fuel is sold. Zoning Ordinance Page 12 - 2 HOME OCCUPATION SIGN: A sign used to identify the name and occupation of a person with a legal home occupation. LOW PROFILE SIGN: A sign with a permanent foundation which is not attached to a building, but is a stand -alone sign and which does not exceed 60 S.F. in area and 4 feet in height. NON - COMMERCIAL SIGN: A work of art or messy e which is political, religious, or pertaining to a point of view, expression, opinion, or id that contains no reference to the endorsement, advertising of or promotion of patronage, of a business, commodity, service, entertainment, or attraction that is sold offered or existing. (As amended by Ordinance Ro. 1954 dated April 9, 1992) OFF - PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the premises where such sign is displayed. (As amended by Ordinance No. 1954 dated April 9, 1992) ON- PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service entertainment, or attraction sold, offered, or existing. upon the premises where such sign is displayed. This definition does not include non - commercial signs. (As amended by Ordinance No. 1954 dated April 9, 1992) POLITICAL SIGN: Any sign which promotes a candidate for any public office or which advocates a position on any social issue as its primary purpose. Political signs shall be considered in the category of non - commercial signs except where there are regulations pertaining to their removal after an election. (As amended by Ordinance No. 1954 dated April 9, 1992) PORTABLE SIGN: A sign which is not affixed or attached to real property by poles, stakes or other members which are placed into the ground or upon some other type of permanent foundation; trailer signs, any sign with wheels or skids and any sign which is constructed so as to sit upon the surface of the ground, without subsurface attachment or extension. PREMISES: An area of land planned and designed as a single comprehensive project, considered from the time the plan is first submitted to the Planning Department either at plat stage or site plan stage. REAL ESTATE, FINANCE and CONSTRUCTION SIGN: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising same for sale or lease, or advertising the furnishing of interim or permanent financing for a project, or for the furnishing of labor, materials or the practice of crafts on the job site. ROOF SIGN: An outdoor advertising display sign erected, constructed, or maintained on the roof of a building or which is wholly dependent upon a building for support, and which protects above the point of a building with a flat roof six feet above the eave nine of a building with a shed, gambrel, gable or hip roof, or the decd line of a building with a mansard roof. See illustrations at the end of this section. SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or moorings, designed for permanent identification of a subdivision of greater than fifty (50) acres, and where adequate provision is made for permanent maintenance Hereunder. Zoning Ordinance Page 12 - 3 12.3 GENERAL PROVISIONS A. BUILDING PERMITS: A permit shall be required for the following types of signs: Apartment/Condominium /Mobile Home Park Identification Signs Attached Signs Development Signs Freestanding Signs Roof Signs Subdivision and Area Identification Signs Permits shall be issued by the Building Official with approval by the Zoning Official upon receipt of a properly completed application which demonstrates that the applicant's request is in accordance with the provisions of this section and the City's Building Code. The fee for such permits shall be established by the City Council from time to time by resolution. No permit shall be required for the following signs: Real Estate, Finance and Construction Signs Directional Traffic Control Signs Home Occupation Signs Non - Commercial Signs (As amended by Ordinance No. 1954 dated April 9, 1992) B. SUBDIVISION AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property in an y zone to identify subdivisions of ten (10 to fifty (50) . acres in size and subject to the requirements set forth in Table II. Area Identi ication signs may also be used within a large subdivision to identify distinct areas within that subdivision, subject to the requirements in Table II. Subdivision sins shall be permitted upon private property in any zone to identify subdivisions of-greater than fifty (50) acres, subject to the requirements set forth in Table II. Both area identification and subdivision signs must be located on the premises as identified by a preliminary or master preliminary plat of the subdivision. Subdivision signs will be permitted only at major intersections on the en in eter of the subdivision (intersection of two collector or larger streets). At each intersection either one or two subdivision signs may be permitted so long as the total area of the signs does not exceed 150 square feet. Banners or flags may be utilized as subdivision identification signs but the overall height shall not exceed sixty (60) feet. Indirect lightingg is permissible but no optical effects, moving pparts or alternating, erratic or flashing li hts shall be permitted. Landscaping valued at Z50 points (as described in Section 11 T the Zoning Ordinance) shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of all signs and any landscaping in conjunction with such signs shall be made, which may be through an owners association if one exists or is created for this purpose. Zoning Ordinance Page 12 - 4 C. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An apartment/condominium /mobile home ppark identification sign may be either an attached sign or a freestanding sign. It shaIl be placed upon the private property of a particular multi - family project in an R4, R5 or Rb zone or mobile home park in an R7 zone subject to the requirements set forth in Table II. The apartment/condominium /mobile home park identification sign shall list the name and facilities available and may have leasing or sales information incorporated as a part of the sign. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic or fl ashing lights or devices shall be permitted. Any mobile home parks existing at the time of this ordinance that are non - conforming may still utilize an identification sign meeting the provisions of this section and Table II. (As amended by Ordinance No. 1695 dated February 12, 1987) D. DEVELOPMENT SIGN: A developpment sign may be placed only on private property subject to the requirements in Table W A development sign for a building project shall be removed if the project has not received a building permit at the end of twelve (12) months. The Zoning 8fficial may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a building permit for the project is received, the sign may stay in place unfil 75 percent of the project is leased or a permanent sign is installed, whichever comes first. A development sign for a proposed subdivision shall be removed if a preliminary or final plat has not been approved by the end of twelve (12) months. The Zoning Official may renew the sign permit for one (1) additional twelve (12) month period upon request. Once a plat has been approved, the si n permit is valid as long as a preliminary plat is in effect, or in the absence of a valid preliminary plat, for twenty -four (24) months Trom the date of approval of a final plat. (As amended by Ordinance No. 1702 dated April 23, 198 7) E. DIRECTIONAL TRAFFIC CONTROL SIGN: Directional Traffic Control signs may be utilized as traffic control devices in off - street parking areas su4jject to the requirements set forth in Table II. Logo or copy may be permitted but shall be less than 50% of the area of the directional sign. No directional traffic control sign shall be permitted within or upon the right-of-way f any public street unless its construction, design, and location have been approved by the City Traffic Engineer. F. PORTABLE SIGNS: Portable Signs are not permitted within the City Limits of the City of College Station. G. REAL ESTATE /FINANCE /CONSTRUCTION SIGNS: One real estate sign not exceeding sixteen (16 )square feet in total area (exclusive of stakes and posts may be erected at any time while a roperty is offered for sale or lease to the public. Properties with a minimum of 150 feet of frontage shall be allowed one real estate sign not exceeding 32 square feet in total area. Properties with a minimum of 2 acres and frontage on 2 streets shall be allowed one real estate sign on each frontage street with the area of the sign to be determined by the amount of frontage as stated above. One finance sign and three construction signs (for a total of 4 signs), not exceeding 16 square feet in total area each (exclusive of stakes and posts) may be erected once a building permit has been issued on a property. Properties with a minimum of 10 acres and 1,U00 feet of frontage shall be allowed one finance sign and three construction signs not exceeding 32 square feet in total area each. Real estate, finance and construction signs may be either attached or freestanding and only those visible from the street are limited in number (see exempt signs Section 12.3 All such signs shall be maintained by the persons in control of the premises so as to remain erect and in ood repair. Such signs shall be removed by the property owner or other, person in control of the the if they are damaged, broken or incapable of remaining erect. Zoning Ordinance Page 12 - 5 Such signs must be removed by the owner or person in control of the premises when either the property has sold or been leased and /or when performance under the construction contract or subcontract (in the case of construction signs) has been completed. In all cases, financing and construction signs shall be removed prior to issuance of a certificate of occupancy. H. NON - COMMERCIAL SIGNS: POLITICAL SIGNS: This section does not regulate the size, content or location of non - commercial signs, political signs except as follows: 1. No commercial message shall be shown on any non - commercial sign. 2. No non - commercial sign: (a) May be located within public road right -of -way of the State of Texas; or (b) May be located off the premises of the property owner who is displaying the sign; or (c) May exceed the restrictions set forth in Table 1; or (d) May be located within any sight distance triangle as defined b the Zoning Ordinance or where determined by the City Manager or his designate as a location that would hinder intersection visibility. (e) May be located within the City ngght -of -way adjacent to undeveloped property. (As amended by Ordinance No. 1954 dated 9, 1992) This provision is necessary to avoid clutter, proliferation, and dangerous distraction to drivers caused by close proximity of such signs to automobile traffic, to avoid damage to automobiles which may leave the paved surface intentionally or by accident and to avoid the necessity for pedestrians to step into the roadway to bypass such signs. Flo regulatory alternative exists to accomplish this police power obligation. In the event that any political sign is located in a public right -of -way of the State, it shall be removed by the City. All political sins shall be removed within ten (10) days after the election. (s amended by Ordinance No. 1954 dated April 9, 1992) I. HOME OCCUPATION SIGNS: A person having a legal home the building or porch of a residence. The sin may contain only the name and occupation of the resident. Tt shall be attached directly to the face of the building or porch. It shall not exceed 2 square feet in area, shall not be illuminated in any way and shall not project more than 24 inches beyond the building or pooccu ation may display a home occupation sign on the face of rch No permit is required. No display of merchandise or other forms of commercial communication shall be allowed within a residential area, unless same are in existence prior to the adoption of this section in connection with a use which is presently a lawful non - conforming use within the district. Such non - conforming signs may be maintained until the non - conforming uses of the building cease subject to the requirements for maintenance herein. Discontinuance of the use of such a sign for more than 3 months shall prevent future use, even if the non - conforming use of the premises is continuous. J. ROOF SIGNS: Roof signs shall be regulated as freestanding signs. Zoning Ordinance Page 12 - 6 K. FREESTANDING COMMERCIAL SIGNS: Freestanding commercial signs are allowed only on developed commercial property in A -P, C -1, C -2, C -3, C -B, M -1 and M -2 zone. One freestanding sign shall be allowed in an A -P zone only when the premise has a minimum of 2 acres, subject to the requirements set forth in Table II. One low profile sign shall be allowed in an A -P zone when the premise has less than Two (2) acres subject to the requirements set forth in Table IL Height, area and setback requirements for all other freestanding signs are found in Tables I and II. See Section 12.3 concerning banners and flags. • premise with less than 75 feet of frontage shall be allowed to use one low profile sign. • premise with more than 75 feet of frontage shall be allowed to use Table I standards for one freestanding sign rather than one low profile sign. A premise with more than 150 feet of frontage shall be allowed to use Table I standards for one freestanding sign or any number of low profile signs as long as there is a minimum separation between signs of 150 feet. Premises with less than 75 feet of frontage may be combined in order to utilize signage corresponding to the resulting frontage as described in the preceding two paragraphs. The sin applicant may elect the frontage street where two streets at the corner are class 1M the same on the thoroughfare plan. If on two differently classified streets, then the greater shall be considered the frontage street. No more than one freestanding sign shall be allowed on any premises except when all of the following conditions are met: 1. The site must be zoned C -1, C -2, C -3, C -B, M -1 or M -2. 2. The site must be twenty -five (25) acres or more in area. 3. The site must have 1,000 feet (or more) of continuous unsubdivided frontage on any major arterial street (as classified in the thoroughfare plan) toward which one aditional freestanding sign is to be displayed. Balloons or gas - filled objects may be used for display or advertising for special events with no required permit.. Maximum height sixty (60) feet. One use allowed for 3 days maximum time per premise per 30 day period. (As amended by Ordinance No. 1676 dated September 11, 1986) L. ATTACHED SIGNS: Attached signs in areas zoned C -N, A -P, C -1, C -2 C -3, C -B, M- land M -2 are commercial signs under this section. An attached sign shall advertise only the name of, uses of, or goods or services available within the building to which the siggn is attached. Such sign shall be parallel to the face of the building, shall not be cantilevered away from the structure, and shall not extend more than one foot from any exterior building face, mansard, awning or canopy (see Roof Sign definition). There shall be no painted roof signs. M. FLAGS: One freestanding corporate flat er premise, not to exceed 40 feet in height or 100 sq.. in area is allowed in mulfi family, commercial, and industrial zones or developments. (As amended by Ordinance No. 1888 dated July 11, 1991) Zoning Ordinance Page 12 - 7 N. SIGNS FOR CONDITIONAL USES: Signs for conditional uses shall comply with the regulations for the zoning district in which the conditional use is permitted. An applicant wishing to proppose signage using the requirements of a zoning district different from the one in which fhe conditional use is permitted must receive approval from the Planning and Zoning Commission as part of the conditional use permit process. After receipt of a recommendation of the City Planner the Commission may permit the requirements of a different zoning district to be used for the purposes of signage when the Commission finds: 1. That the proposed signage is compatible with signage allowed in surrounding zoning districts. 2. That the proposed signage meets the intent of this section; and, 3. That the proposed signage is in harmony with the development policies, and goals and objec ives embodied in the Comprehensive Plan for development of the City. O. PROHIBITED SIGNS: The following signs shall be prohibited in the City of College Station: 1. Portable and Trailer Signs. 2. Off _premise signs, both commercial and non - commercial, except on City of College Station property where there has been a determination and minute order of the City of College Station City Council which finds that the display of the sign does as follows: (a) promotes a positive image of the City of College Station for the attraction of business or business or tourism; and (b) depicts an accomplishment of an individual or group; and (c) creates a positive community spirit. Upon such order, the City of College Station can authorize, upon approved construction plans, the following: (a) a sign on a City of College Station water tower; or (b) an entrance sign to be located on City of College Station property such that it is visible from the Highway Six East By -pass; or (c) a sign to be located on City rights -of -way. Said sign shall be displayed for a period ordered by the City Council or as may be decided by it from time to time. (As amended by Ordinance No. 1954 dated April 9, 1992) 3. Signs painted on roof tops. 4. Banners or flags containing copy or logo, excluding the flags of any country, state city or school are prohibited in residential zones and on an residentially developed ro erty except when flags are used as subdivision signs. Flags as described in ecrion 1 3M. and Section 12.3P. will be permitted. (As amended by Ordinance No. 1858 dated July 11, 1991) 5. Signs and displays with flashing, blinking or traveling lights, or erratic or other moving parts either internal or external to the premise, and oriented and visible to vehicular tratfic, provided that time and temperature signs are permissible if the maximum area and setback requirements of this section are met and if the commercial information or content of such signs is restricted to no more than 8 square feet. Zoning Ordinance Page 12 - 8 6. Any signs which are intended to or designed to resemble traffic sins or signals and bear such words as "stop ", "slow ", "caution ", "danger" "warning , or other words, and which are erected for purposes other than actual traffic control or warning to the public. 7. Any sign which emits sound, odor or visible matter. 8. Banners are prohibited in residential zones and on any residentially zoned property. Banners will be treated as attached or freestanding signs, as applicable, when used on commercial or industrial properties. (As amended by Ordinance No. 1888 dated July 11, 1991) P. EXEMPT SIGN: The following signs are exempt from the requirements of this chapter: 1. Signs that are not easily read from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right -of -wa Such signs are not exempt from the safety regulations contained herein and in Ci�� y building and electrical codes. 2. Official notices posted by government officials in the performance of their duties; government signs controlling traffic, regulatin public conduct, identifying streets, or warning of danger. (Bulletin boards or identification signs accessory to government buildings or other buildings are subject to the provisions of this chapter.) 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect or condition, or other hazard to the public. 4. Non - commercial signs on private property or works of art that in no way identify or advertise a product or business, or by their location and placement impede traffic safety. (As amended by Ordinance No. 1954 dated April 9, 1992) 5. Temporary ecorations or displays, if they are clearly incidental to and are customarily and commonly associated with any national, local or religious celebration. 6. Temporary or permanent signs erected by public utilities or construction companies to warn of the location of pipelines, electrical conduits, or other dangers or conditions in public rights -of -way. 7. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the type of business, that are located on moving vans, delivery trucks, trailers and other commercial vehicles; but only if the primary purpose of such vehicles is not for the display of the signs thereon, and only if such vehicles are parked or stored in areas appropriate to their use as commercial or delivery vehicles, such as service areas or locations close to the business building(s) away from public traffic areas. 8. Signs carried by a person and not set on or affixed to the ground. 9. Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be displayed for the duration of the event or not more han 3 days with approval of the Ci p y Manager. 10. Flags used as political symbols being the United States and Texas flags only. 11. Flags used solely for decoration and not containing any copy or logo and located only in multi- family, commercial and industrial districts or developments. In multi -famil developments, such flags will be restricted to twenty five (25) square feet in area, 36 feet in height, and the number shall be restricted to no more than 12 flags per building plot. (As amended by Ordinance No. 1888 dated July 11, 1991) Zoning Ordinance Page 12 - 9 12. Balloons and /or other gas filled objects located in any zoning district; which balloon and /or gas filled object shall not exceed twenty (2U) feet in height and shall not r display any logo but shall be used sole tai n o for decorative purposes. (As amended by Ordinance No. 1676 dated eptember 11, 19866) Q. FUEL PRICE SIGN: Service stations will be allowed one sign er site, the area of which shall not exceed 16 square feet and will not be included 1n fhe allowable area of any freestanding sign. This sign cannot be located within the right -of -way. R. STRUCTURAL REQUIREMENTS: 1. A building permit shall be required in addition to any permit under this section, in accordance with the provisions of the College Station Building Code. The provisions of this ordinance shall control over the provisions of the Building Code only where clearly inconsistent therewith. 2. Abandoned, Damaged, or Unsafe Signs: (a) The provisions of this section shall apply when in conflict with the provisions of the Building Code, but where the provisions of both ordinances are not inconsistent, the enforcement of either shall be permissible and remedies or penalties cumulative. (b) All abandoned signs and their supports shall be removed within 60 days from the date of abandonment. All damaged signs shall be repaired or removed within 60 days. The Zoning Official shall have authority to rant a 30 day time extension where he determines there is a reasonable necessity %r same. (c) Discontinuance of use or removal of any non - conforming sign or any sign in connection with a non - conforming use shall create a presumption of an intent to abandon said sign. A non - conforming sign that is damaged and not repaired within sixty (60) days shall be presumed tole abandoned. S. MISCELLANEOUS REGULATIONS: No sign shall be placed in a City of College Station drainage or utility easement unless approval is granted by the City Engineer. Location in an easement shall be subject to a written agreement entered into by all parties involved. Any damage to or relocation of signs located in easements because of the City's use of the easement shall be the responsibility of the owner of the sign. The City when possible, shall give the owner prior notice of the use of the easement which will affect the sign. This is also applicable to all exempt signs. 2. Signs may be internally or externally li hted as long as the light is so designed as to be shielded away from, adjoining residential premises and does not impair drivers' visibility on adjoining rights of way. T. AMORTIZATION AND ABATEMENT OF NON - CONFORMING SIGNS: 1. The following types of signs shall become non - conforming upon passage of this section, and shall be brought into compliance or removed within b months of the date of this ordinance: Prohibited signs as defined in Section 12.0. (As amended by Ordinance No. 1954 dated April 9, 1992) Zoning Ordinance Page 12 - 10 12.4 VARIANCES A. GENERAL PROVISIONS: The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this section. For the granting of a variance, a favorable vote of no less than 4 of 5 members of the Zoning Board of Adjustment shall be necessary. The Board shall be authorized to grant a variance from the terms hereof if and only if, they find that the strict enforcemen{ of this section would create a substantial hardship o the a plicant, by virtue of unique special conditions not generally found within the City, and at the granting of the variance would preserve the spirit and intent of the Ordinance, and would serve the general interests of the public and the applicant. (As amended by Ordinance No. 1954 dated April 9, 1992) Zoning Ordinance Page 12 - 11 ALOWABLE AREAS FOR FREESTANDING SIGNS FRONTAGE MAX. AREA' (FEET') (SQ. FT.) 0 -50 25 51 -100 50 101 -150 75 151 -200 100 201 -250 125 251 -300 150 301 -350 175 351 -400 200 401 -450 225 451 -500 250 501 -550 275 551 -600+ 300 NOTES TABLE I 1. FRONTAGE - the number of feet fronting on a public street to which a sign is oriented. 2. AREA - the area in square feet of a single face sign, or (1) side of a double face sign, or half the sides of a multi -face sign. 3. The area of a freestanding sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contain all extremities, exclusive of supports, of a horizontal view of the sign. 4. The maximum area of any freestanding sign may not exceed either that allowed by the chart above or the square of (1 /6) the distance in feet from the base of the sign to the curb or pavement edge of the frontage street, whichever is greater. •5. On corner lots, the frontage street shall be the greater street as classified on the throughfare plan. Where two streets are the same, the applicant may choose the frontage street. ALLOWABLE HEIGHTS FOR FREESTANDING SIGNS (Distance from curb/ pavement edge in feet) AT LEAST LESS THAN HEIGHT 10 15 4.5' 15 20 8.0' 20 25 11.0' 25 30 14.0' 30 35 16.0' 35 40 19.0' 40 45 21.0' 45 50 23.0' 50 55 26.0' 55 60 29.0' 60 65 31.0' 65 70 34.0' 70+ 35.0' 0 100+ '50.0' NOTES 1. DISTANCE FROM CURB - the distance in feet from the curb or pavement edge to the nearest part of the sign. 2. HEIGHT - height of the sign measured from the elevation of the curb or pavement edge. 3. No freestanding sign shall exceed 35' in height except as in No. 5 below. 4. On corner lots only. the frontage street (as defined in No. 4. above) can be used to determi;�. height and area. '5. Tracts zoned C -1. C -2, C -3. M -1 & M -2 with a mini- mum 100' of frontage on S.H.6 East Bypass may have a sign up to a maximum of 50' in height with a minimum distance from the right -of -way of 100% The sign shall not be closer than 200' to any property zoned R -1, R- 1A, R -2 or R -3. Zoning Ordinance Page 12 - 12 TABLE II Summary of Sign Regulations Sign Permitted Maximum MaXJmum no Number Permit Classification District Area Height Setback Allowed Required Subdivision all 150 sf 15' 10' from ROW Sec.12.33 yes Area I. D. all 16 sf 4' 10' from ROW Sec. 12.3.B yes Apt. /Condo /MH R- 4,R- 5,R- 6,R -7' 100 sf 10' 10' from ROW 1 /project' yes Development all 35 sf on 50 ' ROW 15' 10 ' from ROW 1 yes (Project) Sec. 12.3.P 65 sf on 60' ROW Prohibited Sec. 12.3.0 150 sf on 70' ROW ' Refer to Sec. 12.3.C. (As amended by Ordinance No. 1695 dated February 12, 1987) 250 sf on >70' ROW Development all same as above 15' 10' from ROW 1 yes (Subdivision) Traffic R -4, R -5, R -f Control C -1, C -2, C -3, Real Estate all Finance / all Construction i, A -P. 3 sf 4' 4' from curb 1 /curbcut no M -1, M -2 <150' frontage -16sf 8' 10' from ROW Sec. 12.3.G no >150 ' frontage -32 sf < 150' frontage -16 sf 8' 10' from ROW 3 const. no > 150' frontage -32 sf 1 finance Political all See Table 1 10 'from curb n/a no if area > 2 sf Roof shall be treated as commercial freestanding sign Freestanding A -P 100 sf 10' 10' from ROW 1 /premise yes if > 2 acres Freestanding C -1, C -2, C -3, M -1 ,M -2 See Table 1 Sec.12.3.K yes Low Profile A -P, C -2. C -3, 60sf 4' 10' from ROW Sec. 12.3.K yes Attached Sec.12.3.1, yes Exempt Sec. 12.3.P Prohibited Sec. 12.3.0 ' Refer to Sec. 12.3.C. (As amended by Ordinance No. 1695 dated February 12, 1987) Zoning Ordinance Page 12 - 13 SIGN AREA rY�I SIGN (X) (Y) =AREA MINIMUM CONDITIONS FOR MORE THAN ONE FREESTANDING SIGN street ' Prope Lin 1000' MIN.-L4 z Sign I ��Sign CD I I I I Zoning Ordinance Page 12 - 14 Curb Line ge e l �e G� ea �'� �Y X \ 'I �S Ec k � .Q) FREESTANDING SIGN (X)(Y)=AREA r Curb Line e� ��e� � p er S�`r Gee r °pe� eel S O' Y eb �j � q X 4' MAX. LOW PRO FILE SIGN � es s er pr °A Spr ee (X)(Y)<60 SQ. FT. Zoning Ordinance Page 12 - 15 i ' L am rft w ROOF TYPES R Li Eave Line SHED Buffer yards shall be designed using one of the choices below L i Plant Unit REQUIRED PLANT UNITS /100' Multiplier 4 Canopy Trees 4; 16 Understory Trees 0,75 24 Shrubs n MINI MUM PLANT SIZE Canopy Trees - 2' Caliper (30 ga(,) Understory Trees - 5' -6' ht. (15 gal.) Shrubs - 2' -3' ht. (5 gat.) No 100' 4 Note #1: Masonry Wall must be a 0 25' minimum of 8" thick with foundation. 8' Masonry watt -- (See Note #1) When this district abuts non - residentially zoned or developed property there is no buffer yard requirement. In cases where the property does not equal a multiple of 100 feet, the buffer yard planting hall still be required, based on a percentage of the length present. If the buffer yard area is already heavily wooded then additional plantings and irrigation may not required. Calculations that result in portions of trees or shrubs (.5 or greater) shall be rounded upward. Minimum Lot Dimensions: The minimum lot width and depth shall be 100 feet each, but the minimum lot area shall also be 20,000 square feet. Impervious Surface: Impervious surface is a measure of land use intensity and is the proportion of a site occupied by impervious surfaces includingg, but not limited to, buildings, sidewalks, drives and parking. No more than 70% of a lot or site in this zoning district shall be covered with an impervious surface. Floor Area Ratio: Floor Area Ratio (FAR) is a non - residential land use intensity measure analogous to density. t is the sum of the areas of several floors of a building compared to the total area of the site. The maximum FAR in this district shall not exceed Build m Setbacks: The minimum building setback from all roperty lines shall be 30 feet. When abutting non - residentially zoned or used land the rear setback may be reduced to 20 feet. Zoning Ordinance Page 7 - 40 Sample Plantings Per 100' Section Building Height: No ortion of any structure or building in this district and within 75 feet of an existing plafted residential property line or within 100 feet of an existing residence on an unpplatted tract, shall exceed one story or 20 feet in height. When greater than 75 feet Trom a residential property line, the maximum height shall not exceed 2 stories or 35 feet.. Building Materials: All main buildings shall have not less than ninety (90 %) ppercent of the total exterior walls, excluding doors, windows and window walls, consfructed or faced with brick, stone, masonry, stucco or precast concrete panels. Lighting: All exterior lighting designed for security, illumination, parking lot illumination or advertising shall be designed pointing downward to ensure that it does not extend into adjacent residential properties. Nighttime lighting shall be low level lighting and so situated as to not directly or indirectly extend into adjacent residential properties. Utility Service: All new utility services or upgrading of existing services shall be installed underground according to City standards. Signs: Any detached or freestanding signage shall meet the criteria established in Section 12 of the Any Ordinance relating to low profile signs. Materials shall match building facade materials Any applicable State and/or Federal regulations regarding the following criteria shall be followed as well. Noise: All uses and activities conducted within this zoning district shall conform to the requirements and limitations set forth in the City of College Station Code of Ordinances, Chapter 7, Section 2: Noise. Odors: No operation shall permit odors to be released which are detectable at the property line. Other District Regulations: Uses should be designed to provide adequate access and internal circulation such that travel through residentially zoned or developed areas is precluded. All processes are to be conducted inside buildings and there shall be no outside storage or business activity. Any business operations occurring during the hours between 7 p.m. and 6 a.m. musf meet all the performance criteria established in this section, as well as limit vehicular access into the site through a designated access point that mitigates any adverse impacts of the traffic on surrounding residential areas. E. ADDITIONAL STANDARDS: This section may be applied to any conditional use proposed in this district when either the City Planner or city Engineer believe that the existing performance standards contained in this ordinance are insufficient to address the proposed use because of its technology or processes and thus, will not effectively protect adjacent existing or future land uses one or both shall so advise the P &Z in writing. n such cases the Planning & Zoning Commission shall hold a hearing to determine whether a professional investigation or analysis should be performed to identify and establish additional reasonable standards. If so determined, based on the information presented at the hearing, the Planning & Zoning Commission will identify the areas to be investigated and analyzed and will direct the staff to conduct the appropriate research necessary to develop standards for successful management of the new project. Any and all costs incurred by the City to develop additional standards shall be charged to the applicant and included as an addition to the cost of either the building permit fee or zoning application fee. F. PARKING REGULATIONS: Refer to Section 9 G. LANDSCAPING REGULATIONS: Refer to Section 11. H. SIGN REGULATIONS: Refer to Section 12. (As amended by Ordinance No. 2180 dated May 23, 1996) Zoning Ordinance Page 7 - 41 7.24 DISTRICT NG - NORTHGATE A. PURPOSE: The Northgate Area is one of the oldest urban areas within the City of College Station. The Northgate Redevelopment Plan which is incorporated herein by reference, describes the Northgate area as having played an important role in serving both the City of College Station and Texas A &M University and as a unique "campus neighborhood" containing local businesses, churches and off - campus housing in close proximity to the University. Existing development in the Northgate area has aged and deteriorated and as a result, needs revitalization and redevelopment. Therefore, this zoning district and zoning regulations have been designed to aid in revitalization and redevelopment that is compatible with and will serve To preserve the character of the Northgate area. This zoning district and concomitant regulations are only applicable in this area. The Northgate District, consists of three Sub - Districts (1) NG -1 Historic Northgate, (2) NG -2 Commercial Northgate, and (3) NG -3 Residential Northgate. The following standards apply to the entire Northgate District. B. DEFINITIONS: For the following purpose of this district, certain words as used herein are defined as follows: 1. REDEVELOPMENT - the revision or replacement of an existing land use or existing site through the acquisition or consolidation , and the clearance and rebuilding of this area according to a comprehensive plan. 2. SITE DEVELOPMENT - any excavation, landfill or land disturbance, including new construction, reconstruction, relocation, or change of use. 3. REHABILITATION - the process of returning a structure to a state of utility, through repair or alteration, which make possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural value. 4. FACADE WORK - the removal, or replacement, substitution or change of any material or architectural element on the exterior face of a building, which includes but is not limited to painting, material change, awning or canopy replacement, signage, or other permanent visible facade treatment. 5. NEW CONSTRUCTION - the creation, relocation, or enlargement of any structure. C. REVIEW PROCESS: The following review process is hereby established for this zoning district: 1. All proposals involving site development or redevelopment in the Northgate District shall require a review by a review subcommittee of the Northgate Revitalization Board (NRB). The NRB review subcommittee shall consist of four members that are designated by the NRB Chairperson, in conjunction with the Project Review Committee (PRC), as established under Section 10 of this Zoning Ordinance. 2. Applicants shall file an application accompanied by a site and landscape plan to the City Planner no less than ten (19) days prior to the NRB /PRC meeting of which the C roposal is to be reviewed. Application forms may be obtained from the Office of the ity Planner. 3. After a completed application has been submitted that meets all application requirements the Planning Office shall notify the applicant of the time date and place of the �TRB /PRC meeting. Minutes shall be kept for all NRB/PR meetinggs The NRB /PRC shall file a copy of the meeting inutes together with a copy of fhe final an approved by the NRB /PRC, certified by the City Planner for compliance with the NRB /PRC requirements with the City Planner. Guidelines on preparation of a site plan are set out in Section 10.1 -C and shall be reference to prepare site plans for submission. All site development and redevelopment must be conducted subsequent to and in compliance with the approved site plan and /or landscape plan. Zoning Ordinance Page 7 - 42 APPEAL: Appeals from decisions of the NRB /PRC shall be to the Planning and Zoning Commission. All appeals must be submitted in writing and within 10 days of the NRB /PRC decision to fhe office of the City Planner. The City Planning office shall schedule a hearing of the appeal before the Commission within 30 days from receipt of the letter of appeal. D. SPECIAL RESTRICTIONS: Recent parking and traffic studies conducted for the Northgate Redevelopment Plan reveal that there is a significant deficiency in the numbers of available parking spaces and that existing parkin and traffic facilities are sub- standard. Because each particular use has relatively different parking and traffic impacts, when reviewing a project the NRB may require additional parking and traffic impact studies, a review of existing occupancy, and other reasonable appropriate data to determine the impact of the project. Additional parking or landscaping may be required where studies reveal that it is necessary to relieve or mitigate this impact. E. SUB - DISTRICT REGULATIONS 1. SUB - DISTRICT NG -1 HISTORIC NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing historically significant structures which are included in the Northgate Historic Resources Survey, as well as structures that are eligible for inclusion in the National Register for Historic Places. This subdistrict also applies to areas containing a diversity of pedestrian- oriented retail and entertainment businesses that are in close proximity to on- campus dormitories. This zoning district shall incorporate regulations in accordance with the Northgate Redevelopment Plan which are designed to aid structural rehabilitation and pedestrian - oriented infili development in a manner compatible with the character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Alcoholic beverage sales - retail and wholesale Apartments or residential condominiums Bank Bed and Breakfast Bookstore, retail and wholesale Child Care Cleaner, dry and pressing lant, laundry and /or linen supply Commercial amusements (excluding sexually oriented commercial enterprises) Domestic household equipment rental, storage Dormitories Filling tations Furniture, appliance store, sales, service Hardware store Public parking building or lot for operating vehicles Printing and reproduction Private lodges, fraternal Radio or TV stations or studios, (no towers) Restaurant, without drive -in Retail sales and services, under 7500 square feet Theaters and motion picture houses Any other use determined by the Commission to be of the same general character as the above permitted uses. Zoning Ordinance Page 7 - 43 c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the eneral character of the particular area within which they are proposed to be located, and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Apartment Hotel (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group Housing (4) Night Clubs d. REVIEW PROCESS: (1) The review process for this construction, site development, work in the NG -1 Subdistrict is 7.24C herein above. section for roposals involving new redevelopment, rehabilitation or facade the same as that established in Section (2) Proposals involving solely rehabilitation or facade work shall require approval by the review subcommittee of the Northgate Revitalization Board (NRB), as established in Section 7.24C.1 herein above. Such proposals must be in compliance with Section 7.24E.1.e. herein below regarding the treatment of historic structures. APPEAL: Appeals from decisions of the NRB shall be to the Planning and Zoning Commission. The appeal procedures are the same as those established in 7.24C herein above. e. HISTORIC STRUCTURES: Structures over 50 years in age that are reflected as high or medium priority structures in the Northgate Historic Resources Survey or have been determined to be eligible for inclusion on the National Register of Historic Places shall be treated using methods and materials in accordance with the Secretary of the Interior's Standards for Rehabilitation, as outlined in Attachment A. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of Ordinances. Refer to Table A. g. PARKING REQUIREMENTS: Off - street parking shall be as required by the NRB /PRC in accordance to parking and traffic impact study data. h. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bicycle parking spaces per business plus 1 additional space for each 1000 square feet of floor area above 2,000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per dwelling unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. i. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landscape /streetscape improvements shall be required along at least 1/3 of the length of a property s frontage onto public streets. Doorway widths and driveways s11a11 be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. Zoning Ordinance Page 7 - 44 (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lancing beds, indoor window plantings where sidewalks are too narrow for outside plantings, seatin benches, Fight features trash receptacles, decorative railings, and other eements featured in the &liege Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. k. PARKING SCREENING: A three foot high parkingg screen shall be provided when parking is adjacent to public Right of V�ay. Screening may be accomplished using plantings, berms, or structural elements. 1. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 2. SUB - DISTRICT NG -2 COMMERCIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in North ate containing larger retail commercial uses and undeveloped land.. This subdistrict also applies to areas identified in the Northgate Redevelopment Plan as suitable for mixed -use redevelopment in close proximity to Texas A &M University. This zoning district shall incorporate regulations designed to aid mixed -use development and redevelopment in a manner compatible with the general character of the Northgate area. b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. All permitted uses in NG -1, plus the following: Apartment Hotel Bowling alley Drive -in sales Drive -in eating establishment Hotel Motel Retail sales and services, over 7500 square feet Shopping Centers Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Fraternity or sorority houses and fraternity or sorority meeting places (2) Group Housing (3) Hospital, sanitarium, nursing home, or convalescent home (4) Night Clubs Zoning Ordinance Page 7 - 45 d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations, of the City of College Station Code of Ordinances. Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required byy the NRB /PRC in accordance to parking and traffic impact study data. The offStreet parking required b the NRB /PRC shall not exceed the minimum arking requirements set forth in the Parking Requirements contained in Section Tof this Zoning Ordinance. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of bicycle parking spaces. For commercial businesses a minimum of 2 bic cle parking spaces per business plus 1 additional space for each 1000 square feet of floor area above 2000 square feet shall be required. For apartments or residential condominiums, a minimum of 1 bicycle space per unit shall be required. In no case shall more than 20 bicycle parking spaces per business or apartment building be required. g. LANDSCAPE REQUIREMENTS: A landscape plan shall be required for all proposals involving site development or redevelopment, and shall be reviewed by the NRB /PRC in accordance with the following standards: (1) Landsca e /streetscape improvements shall be required alongg at least 1/3 of the length of a property s frontage onto public streets. Doorway widths and driveways shall be excluded from frontage calculations. Live plant material must be included where feasible in each proposal. (2) Eligible landscape /streetscape improvements shall include raised planter boxes, at -grade lanting beds, indoor window plantings where sidewalks are too narrow for outside plantings, seating benches, right features trash receptacles, decorative railings, and other elements featured in the College Station Streetscape Plan. The standards set forth herein are in lieu of and not in addition to the Landscaping Requirements contained in Section 11 of this Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. Provided however, if the applicable site complies with both the Area Requirements and Landscape Requirements established for Subdistrict NG -2 and District C -1, the sign re ulations for the NG -2 Subdistrict shall be the same as those established for the 1 district. i. PARKING SCREENING: A three foot high parki�n�gg screen shall be provided when parking is ad'acent to public Right of V1ray. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. 3. SUB - DISTRICT NG -3 RESIDENTIAL NORTHGATE a. PURPOSE: This subdistrict is intended for areas in Northgate containing a variet of residential uses and structures, some of which may be historically significant and included in the Northgate Historic Resources Survey. This subdistrict also applies to areas determined to be suitable for higher density residential developments due to its close proximity to Texas A &M University. This zoning district incorporate regulations in accordance with the Northgate Redevelopment Plan, which are designed to aid pedestrian- oriented redevelopment in a manner compatible with the residential character of the Northgate area. Zoning Ordinance Page 7 - 46 b. PERMITTED USES: The following uses are permitted: Definitions of uses shall be those construed to be in accordance with customary municipal planning, engineering, or normal English usage. Townhouses Apartment(s) and Apartment buildings Convalescent homes Home occupations Dormitories Parking lots associated with other permitted uses in this district Rooming and Boarding houses Any other use determined by the Commission to be of the same general character as the above permitted uses. c. CONDITIONAL USES PERMITTED: The following conditional uses shall be allowed in addition to any use allowed under section 8.12 provided the Commission determines them to be compatible with the general character of the particular area within which they are proposed to be located and provided these uses do not adversely affect or limit uses of adjacent or nearby property: (1) Bed and Breakfast (2) Fraternity or sorority houses and fraternity or sorority meeting places (3) Group housing d. AREA REQUIREMENTS: As required by Chapter 3, Building Regulations of the City of College Station Code of Refer to Table A. e. PARKING REQUIREMENTS: Off - street parking shall be required by the NRB /PRC in accordance to parking and traffic impact study data. f. BICYCLE PARKING: Projects involving site development or redevelopment require the installation of a minimum of r bicycle space per dwelling unit. In no case shall more than 20 bicycle parking spaces per apartment project be required. g. LANDSCAPE REQUIREMENTS: Refer to Section 11 of the Zoning Ordinance. h. SIGN REGULATIONS: Attached signs only. Refer to Section 12 of the Zoning Ordinance. i. PARKING SCREENING: A three foot high parkin screen shall be provided when parking is adjacent to public Right of Way. Screening may be accomplished using plantings, berms, or structural elements. j. DUMPSTERS: Dumpsters shall be kept in the rear of the building and shall be screened with devices made of masonry or wood with surrounding landscaping. Where feasible, consolidation of dumpsters may be required by the NRB /PRC. EXEMPTIONS: Le ally nonconforming structures and uses shall refer to Section 10 of this Zoning Ordinance to determine whether and to what extent they are exempt from the requirements in this ordinance. (As amended by Ordinance No. 2183 dated June 13, 1996) Zoning Ordinance Page 7 - 47 7.25 DISTRICT PDD PLANNED DEVELOPMENT A. PURPOSE: The Planned Development Districts (PDD) accommodate proposals for the same or similar uses to be developed as integrated units such as offices, commercial or service centers, shopping centers, industrial uses, residential developments or proposals where any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. AA PDD may be used to permit new or innovative concepts in land utilization not ermitted by other zoning istricts in this ordinance. It may also be used to permit developments that existing districts do not easily accommodate. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to j occur, procedures are established to insure against misuse of increased flexibilityty. The PDDs are appropriate in areas where the land use plan reflects either the speci uses proposed in the PDD or where the land use plan reflects mixed use as a land use category. ' B. PERMITTED USES: Any use or combination of uses authorized by the Planning and Zoning Commission and City Council is permitted in a Planned Development District if the use if consistent with the following categories: 1. Planned Development District - Housing (PDD -H) - Any use permitted in the residential zoning districts is permitted in a PDD- development excluding uses listed below. j 2. Planned Development District - Business (PDD -B) - Any use permitted in the office and commercial zoning districts is permitted in a PD -B development, excluding uses listed below. 3. Planned Development District - Industrial (PDD -I) - Any use permitted in the R &D or industrial zoning district is permitted in a PDD -I development, excluding uses listed below. ' 4. Planned Development District - Mixed Use (PDD -M) - Any combination of uses permitted in the residential, office, commercial or industrial zoning districts are permitted in a PDD -M development, excluding uses listed below. C. PROHIBITED USES: The following uses are not allowed in any PD District: Sexually Oriented Enterprises Mobile or Manufactured Housing D. PLANNED DEVELOPMENT REQUIREMENTS: Requests for a PDD designation shall be processed as a rezoning request and shall follow the procedures stated in section 17 of this ordinance unless otherwise specified in this section. The development plan for the proposed PDD shall be required that shows the location of the lanned development and the relationship of the various land uses included in the development. The form and content of the development plan shall be in sufficient detail to enable the Planning and Zoning Commission to evaluate the proposal and ascertain that it meets the following: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area. 2. The proposal is in conformity with the policies and goals and objectives of the Comprehensive Plan including all its elements and will be consistent with the intent and purpose of this section. 3. The proposal will not adversely affect adjacent development. 4. Every dwelling unit has access to a public street directly or via a court walkway or other public area or area owned by a homeowners association, but need not front on a public street. I Zoning Ordinance Page 7 - 48 5. The provisions for parking spaces for all uses will be as established in Section 9 of this ordinance. Alternative parking standards may be allowed where the applicant provides evidence showing the alternative is acceptable to the City and meets the intent of Section 9. Development requirements for each separate PD District shall be included as a part of the development plan for each PD District and shall include ' but may not be limited to: uses density, lot area, lot width, lot depth, yard depths an d widths, building height, building elevati coverage, floor area ration,. parking, access, streets and circulation, screening, landscaping, accessory buildings, signs, lighting, pro ect hasing or scheduling management associations, and other requirements as the Vity Council and Planning anti Zoning Commission may deem appropriate. The preparation of preliminary and final plats for the development shall be prepared in �. accordance with the provisions of the Subdivision Regulations and with any modifications approved by the Planning and Zoning Commission or City Council on the development low plan. The preparation of site plans for the development shall be in accordance with the provisions of the Zoning Ordinance and with any modifications approved by the Planning and Zoning Commission or City Council. E. The PD District shall be designated as a zoning district on the City Zoning Map once Council approves the PDD. F. The Ordinance granting a PD District shall include a statement as to the purpose and intent of the planned development granted therein. All specific conditions of approval that are imposed by the City Council shall be listed in the PDD ordinance and development plans shall be referenced as attachments. G. SPECIFIC DEVELOPMENT CRITERIA: Buffer Yards: Each proposed development shall be reviewed to determine the com p ati i it of the development with surrounding and uses. Open space buffers shall be required to separate lan d uses within the planned development from land uses adjacent to the planned development unless it is determined by the Planning and Zoning Commission that no incompatibility exists between the land uses. No structure, parking lot, equipment pad, or other manmade construction not approved by the City shall be placed in an open space buffer. Buffer yard choices shall, at a minimum be those found in Section 7.23 R &D District, subsection D. Performance Criteria. Wider buffer yards may be required by the Planning & Zoning Commission where necessary to mitigate negative impacts of more intense uses on less intense uses either within the PDD or between the PDD and adjacent uses or districts. Buildina Hei hts: Where structures within the planned development are proposed to exceed t arty- rve feet (35') in height on land adjacent to any residential use or an residential or agricultural zoning districts, such structures shall be located a minimum of one foot (1') from the boundary of the open space buffer described in Section F above for each two feet (2') of h eight over thirty five feet (35'). Access and Frontage: Planned developments designated as PDD -B, PDD -I, or PDD -M s have frontage ong and access to major arterial streets on at least one side of the proposed development. Access through a residential area to a PDD -B, PDD -I, PDD -M via a local street (as defined in the City's Subdivision Regulations) is prohibited. H. CONDITIONS OF APPROVAL: The Planning and Zoning Commission or City Council shall not approve a planned development if it finds that the proposed planned development: 1. does not conform with applicable regulations and standards established by this ordinance; Zoning Ordinance Page 7 - 49 C 2. is not compatible with existing or permitted uses on abutting sites or with uses internal to the PDD, in terms of use, building height, bulk and scale, density, setbacks and open spaces, landscaping, drainage, or access and circulation features, within the standards established by this section; 3. potentially creates unfavorable effects or impacts on other existing uses in the area or potential permitted uses in the area that cannot be mitigated by the provisions of this section; 4. adversely affects the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; 5. fails to reasonably protect persons and property from erosion, flood or water damage, fire, noise, glare, and similar hazards or impacts; 6. adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; or 7 will be detrimental to the public health, safet , welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by e Commission or City Council. 8. does not enerally comply with the policies adopted in the Comprehensive Plan of the City oT College Station. I. Unless otherwise specified in the approved development plan, the minimum requirements for each development shall be those stated in the Subdivision Regulations and the requirements of the most restrictive standard zoning district in which designated uses are permitted. Meritorious modification of these standards may be considered. J. Overall density in any planned development shall not exceed that shown on the Land Use Plan for the particular location. Lesser densities may be required to ensure compatibility with surrounding existing neighborhood densities. K. The granting of a PDD designation shall not relieve the developer from responsibility for complying with all other applicable sections of the Zoning Ordinance, and other codes and ordinances of the City of College Station unless such relief is specified in the approved development plan. L. An owners association will be required if other satisfactory arrangements have not been made for providing, operating, and maintaining common facilities including streets, drives, service and parking areas, common open spaces, buffer areas and common recreational areas at the time the development plan is submitted. If an owners association shall be reviewed by the City to assure compliance with the provisions of this ordinance. M. All Planned Development districts approved in accordance with the provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map. A list of such Planned Development Districts, together with the category of uses permitted therein, shall be maintained in the office of the City Planner. N. All Changes of use from those approved in the original PDD shall r uire Planning & Zoning Commission approval. Minor additions and modifications lo the approved development plans meeting the criteria below shall be approved by the City Planner: 1. Minor additions to structures, with a floor area no larger than 10 percent of the existing floor area of the main floor, not to exceed 5,000 square feet. 2. Minor new accessory structures if the location does not interfere with existing site layout (e. . circulation, parkin , loading, storm water management facilities, open space, landscaping or buffering. I Zoning Ordinance Page 7 - 50 3. Minor additions to parking lots comprising no more than 25 percent of the original number of parking spaces required, not to exceed 25 spaces. 4. Clearing or grading that does not exceed 5,000 square feet in area. 5. With Council authorization on the originally approved development plan there may be an increase of no more than 25 percent of the total number of dwelling units for single - family attached or multi - family developments as long as the maximum allowable density shown on the land use plan is not exceeded. (As amended by Ordinance No. 2297 dated January 7, 1998) I Zoning Ordinance Page 7 - 51 r L DISTRICT USE SCHEDULE - TABLE A Dist. Min. Lot Min. Lot Min. Lot Min. Front Min. Side Min. Side Min. Rear Max. Max. Net Area/DU Width Depth Setback Setback St. Setback Setback Height DU /AC RESIDENTIAL DISTRICTS A-0 5 acres 50' 20' 15' A- P,C- 1,C- 2 *,C- 3,CB24' 100' 35' (A)(B) R -1 5,000 SF 50' 100' 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 8.0 R -1A 4,000 SF none none 25'(D) 7.5'(C) 15'(F) 20'(F) 2.5 story/35' 10.0 R -1B 8,000 SF none none 25'(D) 7.5'(C) 15'(F) 25'(F) 2.5 story/35' 6.0 R -2 3,500 SF 35'(E) 100' 25'(D) 7.5'(C) 15'(F) 20'(F)(H) 2.5 story/35' 12.0 R -3 2,000 SF 20' 100' 25'(D) (A)(B) 15'(F) 20'(F) 35' 14.0 R-4 25'(D) (A)(B) 15' 25'(F) 2.5 story/35' 16.0 R -5 25'(D) (A)(B) 15' 20'(F) 45' 24.0 R-6 Lot area, setbacks, height determined by site plan review; density above 24 DU /acre determined by City Council R -7 See Mobile Home Park Ordinance. NG -3 No Minimum 15' 60' no max.(I) PUD Sec. 7.19 for restrictions. A -OX 2.0 Acres 50' 15' 15' 25' 35' A-OR 1 Acre 50' 25' 25' 50' 35' 1.0 COMMERCIAL DISTRICTS C -N Sec. 7.10 24' Sec. 7.10 25' (A)(B) 15' 15' 35' A- P,C- 1,C- 2 *,C- 3,CB24' 100' 25' (A)(B) 15' 15' NG -1 0 (B) 0' 15' 50' NG -2 0'(J) (B) 0' 15' None(J) C -PUD Sec. 7.20 for restrictions. *When C -2 abuts single family residential, duplex, or townhouse development or zoning districts. 24' 100' 25' 40' 15' INDUSTRIAL DISTRICTS M -1 100' 200' 25' (A)(B) 15' M -2 25' (A)(B) 25' r c �3 40' 35'(G) 15' 15' A - A minimum side setback of 7.5 feet is required for each building or group of contiguous buildings. B - Lot Line construction on interior lots is allowed where access to the rear of the building is provided on the site or by dedicated right -of -way or easement. C - Zero lot line construction of residence is allowed where property on both sides of lot line is owned and /or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single family residence or duplex be built within 15 feet of another building. D - Minimum front setback may be reduced to 15 feet when approved rear access is provided, or when side yard or rear yard parking is provided. E - The minimum lot width for duplex dwelling may be reduced to 30 ft. /DU when all required off - street parking is provided in the rear or side yard. I Zoning Ordinance Page 7 - 52 f� J LI 1 a in F - The following restrictions shall apply to accessory buildings, structures or uses other than garages, carports and living quarters for family or servants: a minimum rear setback of 15 feet is required; and a maximum building eaves height of 8 feet is allowed. The following restrictions shall apply to garages and carports: a minimum rear setback of 20 feet is required; and a minimum side street setback of 20 feet is required for garages or carports that face onto side streets. The following restrictions shall apply to accessory buildings or structures used for living quarters for family or servants: a minimum rear setback as stated in Table A above for the district in which the accessory building or structure is located is required; and a maximum size not to exceed 25% of the area of the principal structure is allowed. On lots with approved rear access all setbacks shall be measured from the nearest boundary of the access easement or alley. On all other lots rear setbacks shall be measured from the rear property line. In no event shall more than 30% of the rear yard area (that portion of the yard between the rear setback line of the principal structure and the rear property line) be covered with accessory buildings, structures or uses. G - The maximum building height may exceed 35' if all setbacks observe an additional setback of 2' for every foot above 35' of building height. H - Minimum rear setback may be reduced to 15 feet when parking is provided in the front yard or side yard. I - Minimum Density of 12 DU /Acre required. J - If structure is higher than 50 feet a 25' setback from public Right of Way is required. DU- Dwelling Unit. DU /Acre - Dwelling Units per acre, in the zone, under one ownership excluding streets, parks, etc. Min. Lot Width - Lot Width at front setback line. (As amended by Ordinance No. 2183 dated June 13, 1996) L Zoning Ordinance Page 7 - 53 J 40 SECTION 8. SUPPLEMENTARY DISTRICT REGULATIONS The following supplementary district regulations are hereby adopted and shall apply in all cases where specified by this section. 8.1 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 defined by the property lines and a line joining two (2) points located twenty (20) feet back from the property roes intersection; except that fences, walls, and /or hedges may be permitted provided that such fences, walls, and /or hedges do not impair vision from three (3) teet to six 6) feet above the curb line elevation. 8.2 ACCESSORY BUILDINGS /STRUCTURES No accessory building /structure shall be erected in any required setback area. Excluded from this requirement is any portable storage building /structure if the Building Official has determined that it does not require a building permit. 8.3 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. 8.4 NUMBER OF PRINCIPAL STRUCTURES ON A LOT OR BUILDING PLOT: (As amended by Ordinance No. 2432 dated January 27, 2000) In any single family residential district, no more than one (1) structure housing a permitted principal use may be erected on a single lot or building lot. n all districts, more than one (1) structure housing a permitted principal 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 building plot. 8.5 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 protection and not intended for - human occupancy. 8.6 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. t u Zoning Ordinance Page 8 - 1 r it 8.7 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. A. 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 f 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 represents the line in front of which no building or structure may be erected except that orches and steps open on three (3) sides located along not more than one -half (1/2 of the the Tay project a maximum of six (6 feet into the required front yard. balconies, dec, signs and marquees located more than ei decks , signs (8) feet from the ground may project up to six (6) feet into the required front yard. B. 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 top , property line specified for the district in which the building plot is located. There shall e no intrusion into the required rear yard by stairways, balconies or other building extensions to more than six (b) feet. C. 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. 8.8 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 transportingg recreational equipment, whether occupied by such equipment or not. No such equipment shm 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. 8.9 PARKING AND STORAGE OF CERTAIN VEHICLES Automotive vehicles or trailers not bearing current license plates and state motor vehicle inspection stickers or not in operating condition shall be parked or stored on any residentially zoned property only in completely enclosed buildings. Excepted from this are vehicles being repaired or serviced in compliance with the definition of Automobile Repair Shop. �. 8.10 SCREENING FENCES REQUIRED 1. Where there is a common side or rear lot line or lot lines between commercial or industrial land and developed residential areas, the owner of said 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. 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. 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 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. Pence shall be erected prior to construction. L Zoning Ordinance Page 8 - 2 8.11 SHOPPING CENTERS MULTIPLE BUILDING COMPLEX AND LARGE PROJECTS IN GENERA. Plot plans of all shopping centers and multiple building complexes and lot 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 subsection shall be restricted to the review of the impact of such project on: (1) the neighboring 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 traffic generation and circulation upon adPacent street systems. The Zoning 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 thirt y (30) days pending resolution of such building ppermit request unless the building permit has been formally denied by the Building Official or Zoning OTficial. The building permit, when issued, shall require construction according to the approved plot plan, construction plans and specifications. 8.12 CONDITIONAL USES The following conditional uses may be permitted in any district when they meet special regulations and conditions prescribed by the Planning and Zoning Commission upon recommendation of the Project Review Committee through the issuance of a Use Permit (see Section 14). Detailed examination of proposed location and use characteristics is necessary to maximize compatibility. Child Care. Convalescent homes. Churches. Medical clinics. Pharmacies. Public libraries. Community buildings (municipal or non - profit organizations). Hospitals, sanitariums, or nursing homes. Municipal service facilities and buildings (excluding parks which are permitted in any district). Public or private parking lots and any related accessory use. Schools, public or denominational. Telephone exchanges. (As amended by Ordinance No. 1712 dated June 25, 198 7) Temporary retail sales of concrete products (as associated with the temporary buildings and equipment permitted under 8 14 above)). (As amended by Ordinance Mo. 23V dated October 22, 1998) t I Zoning Ordinance Page 8 - 3 8.13 CONTROL CONTANIINATION OF THE AIR WATER OR THE ENVIRONMENT AND TO SAFEGUARD THE IiEALTH, SAFETY AND WELFARE OF TIE PEOPLE. A. No machine, process or procedure shall be employed on any property in the City, in which: 1. Emission of smoke, dust, noxious, toxic, or lethal gases are detectable beyond the perimeter of the property. 2. 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). 3. Vibration is discernible beyond the property line. 4. Noise above the ambient noise level is discernible beyond the property line. 8.14 TEMPORARY BUILDINGS AND EQUIPMENT Temporary buildings and equipment for uses incidental to construction work on remises are allowed in an zone but shall be removed upon the completion or abandonment of construction work. None shall be located on any public street at any time during construction. 8.15 PARKS ARE ALLOWED IN ANY ZONE. 8.16 YARD FENCES Fences of wood, chain -link or similar material, and less than eight (8') feet in height; and fences of brick, stone, concrete or similar material, .and less than six (6) feet in height, shall not be construed to be structures, nor shall they require a building permit. 8.17 TEMPORARY SALES OFFICES AND MODEL HOMES May be located within residential districts as part of an on -going residential development. Any temporary sales office or model home shall be removed or converted to a use permitted within the district when Certificates of Occupancy have been issued to 80% of the associated residential units or when use as a sales office or model home has ceased. Signage shall be limited to one (1) sign not exceeding sixteen (16) square feet, either attached or freestanding. If freestanding it shall not be within any right -of -way. 1 1 I t Zoning Ordinance Page 8 - 4 8.18 RECYCLING FACILITIES A. PURPOSE: The purpose of this section is to establish standards for large and small rec cling facilities that will encourage recycling by offering convenient, versatile drop - oPpoints. Certain standards that regulate signagge, fencing and screening, hours of operation, security, setback sight clearance, landscapping, parking and noise are necessary to ensure that all other goals and objectives of the comprehensive plan are met. B. DEFINITIONS COLLECTION FACILITY - LARGE: A recyycling facility located on an independent site, or larger than 500 square feet, where limifcd mechanical processing may or may not occur, depending on the zoning district in which the facility is located. COLLECTION FACILITY - SMALL: A facility that occupies no more than 500 square feet, and provides containers for collection only of source separated recyclables, with no power-driven processing equipment on site. Small collection facilities are normally located on parking lots of the host use. These may include, but are not limited to, bulk reverse vending machines, a grouping of reverse vending machines that exceed 50 square feet, kiosk type structures that may include permanent structures, and unattended recycling bins placed for the donation of recyclable materials. RECYCLABLE MATERIALS: Those materials specifically listed at a particular site as acceptable. Such materials may include, but are not limited to,. aluminum products, clean glass containers, bimetal containers, newspapers, magazines, periodicals, plastic containers, yard waste, paper and cardboard, phone books, and scrap metal. RECYCLING: The separation, collection, processing, recovery and sale of metals, glass, paper, plastics, and other materials which would otherwise be disposed of as solid waste, which are intended for reuse, re- manufacture, or re- constitution for the purpose of using the altered form. RECYCLING BIN: A container used to collect recyclable materials, at which no fee is collected from the person depositing the materials. REVERSE VENDING MACHINE: An automated mechanical device which accepts at least one or more types of beverage containers includin , but not limited to, aluminum cans, glass and plastic bottles, and which issues a cash re�und or a redeemable credit slip. Sorting and processing occurs entirely within the machine. REVERSE VENDING MACHINE - BULK: A reverse vending machine that is larger than 50 square feet and is designed to accept more than one container at a time and to pay by weight. For the purpose of these restrictions, bulk reverse vending machines will e considered small collection facilities. REVERSE VENDING MACHINE - SINGLE FEED: A reverse vending machine that accepts materials one item at a time. C. SINGLE FEED REVERSE VENDING MACHINES: Single feed reverse vending machines may be located with a ermit either in the interior or immediate exterior or commercial, industrial, or public facilities. D. SMALL COLLECTION FACILITIES: Each project shall receive Pro'ect Review Committee review. Small collection facilities may be permitted when established on an improved surface in conjunction with an existing commercial or industrial use or public facility. The host facility must be in compliance with all City codes. No facility may occupy more than five hundred (500) square feet, nor occupy more than five (5) parking spaces of the host site. All vehicular and pedestrian circulation aisles s all be unobstructed. Setbacks: Each facility shall be set back at least ten(10) feet from any Right of Way line when located in front of the host use. Side, side street, and rear setbacks established for commercial uses shall be maintained. I Zoning Ordinance Page 8 - 5 Containers intended for 24 -hour donation of materials shall be at least forty (40) feet from any propert zoned or developed for residential use. Attended facilities within 100 feet of residentiaIly zoned or developed property shall operate only between the hours of 9:00 a.m. and 7:00 p.m. Landscaping: A small collection facility shall not be placed on the host site in such a 01 manner as to impair the landscaping required for the subject site. 16 Parking: One space will be required if an attendant is provided. Occupation of parking spaces by the collection facility and attendant shall not reduce available parking spaces below the minimum number required by ordinance for the host site. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shall not exceed 70 dBA. �. Signage: Each container must be clearly labeled with a sign, limited to one per container and no larger than twenty (20) percent of the side upon which the sign is placed, to provide information pertaining to the type of material to be collected within the container, and the name and telephone number of a person responsible for maintenance �. who may be contacted at all times. E. LARGE COLLECTION FACILITIES: Each project shall receive Project Review Committee review. Large collection facilities may be located in any commercial district �. upon receipt of a Conditional Use Permit, and shall be a permitted use in any industrial zoning district. Any facility located within 500 feet from property oned or developed for residential use shall not be in operation between 7:00 p.m. and 7-00 a. in. Mechanical processing may be permitted in C -1 C -2, and in any industrial district. Light .. pro(xssing, including compacting, baling, and shredding, must be directly related to efficient temporary storage and shipment of materials. No facility as described in this subsection shall abut property zoned or developed for low density residential use. Setbacks and Landscaping: Setbacks and landscaping shall be those provided for the zoning district in which the facility is located. No lot line construction shall be permitted. Parking: A minimum of six (,6) spaces shall be provided, plus one space per employee and for each vehicle of the facility. Noise: Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or developed property, otherwise noise levels shall not exceed 70 dBA. Signage: Each container shall be clearly marked to specify materials that are accepted. The name and telephone number of the operator, and the hours of operations shall be conspicuously displayed. All sign regulations of the district in which the f=acility is located shall apply. Screening: ach facility shall be screened from the public right -of -way by operating in an enclosed -building with no outside storage or by operating within an area enclosed by an opaque fence at least eight (8) feet in height. (As amended by Ordinance No. 1905 dated September 12, 1991) I Zoning Ordinance Page 8 - 6 I 8.19 OV CORRIDOR OVERLAY DISTRICT (As amended by Ordinance No. 2151, October 12, 1995) A. In the event that an area is rezoned to a ply the overlay district, this district shall apply to all multi- family, commercial, and ind property, and where applicable to single family, duplex or townhouse development. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to be applied in addition to the underlying use and site restrictions. B. PURPOSE: This district is established to enhance the image of key entry points, major �. corridors, and other areas of concern as determined by the City Council, by maintaining a sense of openness and continuity. in cases of conflict between this overlay district and the underlying zones, the more restrictive regulation shall apply. C. SETBACKS: All buildings will be set back 40 feet from the Right of Way (R.O.W.). Where parking is located in the front of the building, there shall be a front setback of 0 feet from the R.O.W. to the parking area. D. BUILDING AESTHETICS: Building colors shall be harmonious with the existing man- made or natural environment, and only compatible accent colors shall be used. All colors 'r• shall be approved by the Project Review Committee (P.R.C.). Elevation drawings and color samples must be provided by the applicant. E. SIGNS: Signs shall include no more than three colors and two lettering styles. At least one of the colors must match the predominant colors of the building. Freestanding signs shall be limited to the restrictions of Table I, but shall not exceed the height of the building. No flags, pennants, banners, or other wind -driven devices will be permitted except for a 30 day period during the opening of an establishment. F. LANDSCAPING: Reserved. (As amended by Ordinance No. 2317 dated March 12, 1998) G. ELECTRICAL UTILITIES: (a) All future feeder lines along University Drive shall be installed underground. (b) Overhead distribution lines may be permitted along rear property lines and no farther up side property lines than is necessary to access the rear property line of an adjacent properly. (c) All customer service facilities (primary or secondary) within the Overlay District shall be underground. H. STORAGE: Outside storage or display shall be screened from the roadway. I. SCREENING: If parking is in front of the building, it must be screened b : an earth berm that measures three (3) feet in height with a slope and prof le that is easily maintainable OR a planting strip that is continuous and measures three (3) feet in height at the end of one growing season. Vegetation used for screening purposes shall not accrue points toward the landscape requirements OR a masonry wall that matches the architectural style and color of the development. OR a combination of any of the three screening methods mentioned above. Walls and planting strips shall be located at least two (2) feet from any parking area. Screening must be maintained during the life of the development. Zoning Ordinance Page 8 - 7 Where the street and the adjacent site are at different elevations, the P.R.C. may alter the height of the screening to ensure adequate screening. J. Dumpsters shall not be visible from any R.O.W. K. SPECIAL RESTRICTION FOR GASOLINE SERVICE STATIONS: In cases where the underlying zoning district permits gasoline services stations and a station is proposed, the following restrictions shall apply: 1. ACTIVITIES RESTRICTED: no major emergency auto repair. no body, fender, or paint work. no sale or rental of vehicles. all activities except those associated with fuel pumping must be conducted within an enclosed building. service bays and car wash bays shall be oriented to face away from any R.O.W. Where this is impossible, screening methods will be required. 2. SETBACKS: Front Side Rear Side Street Main building 40' 25' 25' 25' Fuel pumps 50' 25' 25' 25' Canopies 40' 15' 15' 15' 3. STORAGE AND DISPLAY: - no outside storage or display of merchandise. - storage tanks must be located below grade. - no outside storage of vehicles. - ice and vending machines must be enclosed in a building. - no additional advertising within view of the R.O.W. 4. SIGNS - sign height shall be restricted by the provisions of Table I, but shall not exceed the height of the building. - one detached sign and two attached signs will be permitted. - no freestanding fuel price signage shall be permitted. - signs for air, water and other similar services or products must meet the criteria for exempt signs. (As amended by Ordinance No. 1926 dated November 20, 1991) I Zoning Ordinance Page 8 - 8 n� 8.20 WIRELESS TELECOMMUNICATION FACILITIES (WTF) (As amended by Ordinance No. 2288 dated December 11, 1997) A. The purpose of this section is to establish clear regulations ( pertaining to wireless telecommunications facilities that are consistent with f an state law. The City Council of the City of College Station finds that: It is in the public interest to romote competition in high quality telecommunications �► services and the availability oT broadband transmission services to all residences and business. It is in the public interest for the City to protect the public safety and welfare, safeguard community - land values, promote orderly planning and development and preserve historic sites, structures and areas. Wireless telecommunications facilities should not be allowed to detract aesthetically from the visual quality of surrounding properties or the City. The proliferation of wireless telecommunications facilities negatively impacts the appearance and character of the community. Therefore the City should endeavor to minimize the size, number and obtrusiveness of antennas and towers. Collocation and stealth technologies are strongly encouraged to mitigate negative visual impacts and reduce the total number of towers within the City. B. WTF USE CATEGORIES: In order to expedite the siting and review process WTF's have been divided into use categories. The review process is more thorough as the intensity of the use increases. 1. UNREGULATED FACILITIES: The WTF's listed below are not regulated by this ordinance and do not require review or approval. This does not exempt these facilities from other applicable city codes, ordinances, and permits. a. Direct -to -home service antenna, citizen's radio band antenna, amateur radio antennas. b. Parabolic antenna less than 2 meters in diameter. C. Omni - directional antenna (whip antenna) 6" or less in diameter and not extending more than 12' above support structure. d. Directional antenna 1 meter or less measured across the longest dimension and not extending over 12' above support structure. e. Public safety tower or antenna. 2. INTERMEDIATE FACILITIES: a. New transmission tower less than 35 feet (10.5 meters) in height. b. Parabolic antenna over 2 meters in diameter. C. Omni - directional antenna (whip ntenna greater than 6" in diameter and /or extending 12' above the support structure. �r d. Directional antenna more than 1 meter measured across the longest dimension and extending over 12 above support structure. e. Attached WTF's. 3. MAJOR FACILITIES: 1 New transmission tower greater than 35 feet (10.5 meters) in height. t I Zoning Ordinance Page 8 - 9 T r C. GENERAL REGULATIONS 1. ZONING All Intermediate WTF's are permitted in the following zoning districts: A -O M -1 C -1 PDD (except PDD -H) A -P R &D C -2 C -B WPC NG C -3 M -2 Major WTF's are permitted in the following zoning districts: r, 1 a r] 1 1 1 1 1 M -2 Major WTF's are allowed in the following zoning districts with a Conditional Use Permit as discussed in Section D -3: A -O M -1 C -1 C -3 A -P R &D C -2 2. SETBACKS: The standard setbacks for each zoning district will apply to TF's with additional setbacks or separation being required in the secti W ons below. To protect citizens in their homes, transmission towers shall be placed a distance equal o the height of the tower away from any residential structure or R -1, R -1 A, or R -2 zone boundary. 3. PROXIMITY TO MAJOR THOROUGHFARES: To preserve and protect the Cityy�'ss� major thoroughfares and entrances to the City, additional setbacks are placed on VF's proposed to be placed near these areas. The setback for these areas is determined by measuring from the centerline of the right -of -way of the thoroughfare. Applicable thoroughfares include freeways and expressways, major arterials and minor arterials, as shown on the Thoroughfare Plan. a. Intermediate WTF's must be 150' from applicable thoroughfares. b. Major WTF's must setback from applicable thoroughfares by the height of the tower x3. 4. SEPARATION BETWEEN TOWERS: In order to prevent tower proliferation and protect the City's natural beauty and skyline, the number of transmission towers per square mile has been limited. new transmission towers must be placed a minimum distance from existing towers as described here: a. New transmission towers 35 feet or less in height shall be separated from existing towers by a minimum distance of 1500 feet. b. New transmission towers more than 35 feet and less than 100 feet in height shall be separated from existing towers by a minimum distance of 2500 ft. C. New transmission towers 100 feet or more in height shall be separated from existing towers by a minimum distance of 3500 ft. 5. HEIGHT LIMITATIONS: All WTF's are subject to the normal height restrictions for each zoning district where permitted by right. In any zoning district where a tower is a conditional use, the allowable height is determined through the review of the visual impact analysis. In no case shall a proposed transmission tower exceed 150' within the city limits, except where a height variance is granted by the Zoning Board of Adjustments to allow a tower or antenna that demonstrates a hardship that can only be remedied by locating on a proposed site within the city limits. 6. LANDSCAPING SCREENING AND AESTHETIC STANDARDS: The following requirements shall govern any transmission tower or any parabolic antenna larger than 2 meters. Zoning Ordinance Page 8 - 10 a. Landscaping: Refer to Section 11 of the Zoning Ordinance. Plant materials and /or encing that effectively screens the WTF from view of the public right -of -way will be required. b. New transmission towers shall maintain a flat (not shiny, reflective, or glossy) finish or be painted in accordance with any applicable standards of the FAA (unfinished galvanized steel is not acceptable). C. If an antenna is installed on a support structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. d. WTF's shall not be artificially lighted with the exception of motion detectors as security lighting, unless required by the FAA or other applicable authority. If lighting is required, the Cify may review the available righting alternatives and approve the design that would cause the least disturbance to the surrounding properties. e. Towers may not be used to exhibit any signage or other advertising. 7. SPECIAL DISTRICTS AND OVERLAY DISTRICTS: Special districts have been established in the City for the purpose of protecting their historical significance and aesthetic qualities. n some cases, WTF's are allowed in these areas with the following restrictions. To preserve the aesthetic beauty and architectural significance and promote economic growth, intermediate use WTF's (except new transmission towers) are allowed in the listed districts. They shall be placed behind the imaginary front of the most major (largest gfa) structure on site or behind any building Tace abutting a night -of -way. Additionally, they must be located out of sight of public right -of -way ether by screening, strategic siting or stealth technology. These requirements pertain to the following special districts: 1. Northgate 2. Wolf Pen Creek 3. Overlay Districts 4. PDD (except PDD -H) 5. C -B\ 8. STEALTH TECHNOLOGY DESIGN: Any WTF with appropriate stealth technology design approved by the Planning & Zoning Commission may be located in any zoning district. Approved WTF s do not have to meet the additional setbacks for tower separation (section CA) or thoroughfares (section C.3). 9. ATTACHED WTF'S: WTF's may attach to the exterior of any non - residential and non - historic building within any zoning district provided the antenna and antenna support structure or equipment is mounted flush with the vertical exterior of the building or ro ects no more than 24 inches from the surface of the building o which it is attached and does not raise the height of the building more than l07eet and does not violate the maximum height restriction of that zoning district. The attached WTF must be textured and colored so as to blend with the surrounding surface of the building. D. REVIEW PROCESS 1. WTF REGISTRATION: All intermediate and major WTF's must be registered with the City. This will allow the City to keep track of all WTF's within the city limits, facilitate the review process and aid in long range planning. I Zoning Ordinance Page 8 - 11 1 1 1 1 1 'J 1 1 1 1 1 �J 2. SITE PLAN REVIEW: Site plans shall be submitted pursuant to the provisions of Section 10 of the zoning ordiinance. All property owners within 500 feet of any O property line of the host site for the WTF site shall be notified by the Planning ffice. In addition to the requirements set forth in Section 10, the following is required: a. A WTF Facility Plan drawing that identifies the location, he' ht ' and type of all existing applicant -owned wireless telecommunications facilities in Brazos County and the proposed facility must be submitted. b. The location type, and height of the proposed facility. At least three collocation alternatives to the applicant's development proposal along with proof of a genuine effort in collocating on or attaching to an existing supp structure. A certified letter addressed to potential lessors is required in addition to evidence that demonstrates that no existingg tower or su port structure can accommodate the applicant's proposed M. Any o the following may be submitted as evidence: (1) No existing structures are located within the geographic area required to meet applicant's engineering requirements. (2) Existing structures are of insufficient height to meet applicant's engineering requirements. (3) Existing structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. (4) Electromagnetic interference would be caused between the proposed and existing facilities. (5) The fees, costs, or contractual provisions required by the owner in order to share an existing structure or to adapt an existing support structure for sharing exceed those for new tower development. (6) The applicant demonstrates that there are other limiting factors that render existing structures unsuitable. C. A visual impact analysis, presented either with drawings or photographs. Four views or elevations shall be submitted looking toward the site (typically north, south, east and west), including site and the surrounding properties measured from the center point of the tower out to a distance equal to three times the height of the proposed tower. This drawing will depict a "skyline" view showing the entire height of the pro osed tower and the structures, trees, or any other objects contributing to the skyline profile. The proposed tower, drawn to scale, should be includ - ed in the view. d. Certification of compliance with FCC regulations and emission standards. e. Notification of an impending Environmental Assessment required by the National Environmental Protection Agency (NEPA) and a copy when the assessment is completed. f. A letter addressed to the City declaring an intent and willingness to construct a proposed tower that would allow at least 2 other service providers to locate there. 3. CONDITIONAL USE PERMITS: Some major WTF's must receive a conditional use (CUP) (section C.1) under the procedures set forth in Section 14 of the zoning ordinance. In addition to the standard guidelines, the following additional factors shall be considered by the Planning & Zoning Commission when determining whether to grant a CUP for WTF's: a. height of the proposed tower, surrounding topography and surrounding tree coverage and foliage as they relate to: I Zoning Ordinance Page 8 - 12 (1) skyline impact, examining whether the proportions of the structure appears to dominate or blend in with the surrounding environment. (2) shadow impact, whether or not the proposed tower will cast shadows that would prevent the reasonable use of enjoyment of surrounding properties. b. design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. c. pproximity of the tower to residential structures and residential district boundaries. d. economic impact on adjacent and nearby properties. e. proposed ingress and egress. f. availability of suitable alternatives and /or existing support structures. E. ABANDONMENT Any WTF that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such a facility shall remove same within 60 days of receipt of notice from the City notifying owner of such abandonment. If such facility 1s not removed within said 60 days, the City may, remove such facility at the property owner's expense. If there are two or more users of a single WTF, then this provision sharl not become effective until all users cease operations on the tower. (As amended by Ordinance No. 2288 dated December 11, 1997) I Zoning Ordinance Page 8 - 13 �1 8.21 NEIGHBORHOOD PRESERVATION OVERLAY (As amended by Ordinance No. 2432 dated January 27, 2000) A. In the event that an area is rezoned to apply this preservation overlay, this district shall apply to all single- family residential property in the underlying district. The underlying district establishes the permitted uses and shall remain in full force, and the requirements of the overlay district are to applied in addition to the underlying use and site restrictions. B. In addition to the requirements of the District Use Schedule - Table A, the following minimum lot area requirements apply to single family residential property: (a) The minimum lot size is the platted lot or building plot as it existed on the effective date of this ordinance; or, (b) For new lots or building plots created by subdivision, platting, replatting or partition, a minimum of 5,500 square feet. I 1 1 1 1 1 I Zoning Ordinance Page 8 - 14 SECTION 9. MINIMUM PARKING REQUIREMENTS 9.1 PURPOSE It is the purpose of this section to establish the guidelines for off - street parking spaces consistent with the proposed land use to: 1. Eliminate occurrence of non - resident on- street parking in adjoining neighborhoods. 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space. g P Y 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. 9.2 OFF - STREET PARKING SPACES REQUIRED In all districts, for all uses, at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, there shall be provided o- street parking spaces for motor vehicles in accordance with the requirements specified off- herein. A. DIMENSIONS AND ACCESS (See illustrations at end of this section): (As amended by Ordinance No. 2317 dated March 12, 1998) ' 1. Each off - street parking space for automobiles shall have an area of not less than nine feet by twenty feet (9' x 20'). An eighteen foot paved space may be utilized where an additional two feet (2'_ of unobstructed area is provided for vehicle overhang. 2. Each off - street parking space for truck unloading shall have an adequate unloading area. 3. Each parking space and the maneuvering area thereto shall be located entirely within the boundaries of the building plot except as set forth in Chapter 3, College Station City Code. 4. There shall be adequate providsions for ingress and egress to all parking § and there shall be adequate maneuvering space to eliminate backing into public right -of- way on ma or, arterial or collector streets as reflected in the Comprehensive Plan for the City of College Station. Circulation aisles between or adjacent to head -in (90 degree) parking spaces shall be a minimum of twenty -three (23) feet in width. One way circulation aisles with angled parking shall be a minimum of twenty (20') feet. All other circulation aisles sha be determined by the Project Review Committee. 5. From the public right -of- -way, there shall be a twenty-four (24') setback to act as a landscape reserve. - Existing trees of four inch (4" ) caliper or more must be preserved (these may count street tree requirements). Parking may be allowed in this area but at a maximum of seven (7) contiguous spaces and only if they are screened. More than one series of seven (7) spaces may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Paved areas that are not arranged m as parking spaces may be permitted within the 24' landscape reserve, but at a maximu of 1134 square feet and only, if the area is screened. More than one series of 1134 square feet of pavement within the reserve may be permitted if a substantial amount of reserve remains intact and if the location of parking does not interfere with other streetscape requirements. Entrance driveways are permitted to traverse the reserve area and are not considered part of the reserve. In no event shall pavement be located within 6' of a right -of -way, unless the pavement is part of an entrace driveway. 6. END ISLANDS I Zoning Ordinance Page 9 - 1 A raised island, encom assing not less than one hundred eighty (180) square feet in area, shall be located a both ends of every interior parking row and at both ends of every peripheral parking row, regardless of the lengtTi of the row. (As amended 6y Ordinance 2317 dated March 12, 1998) 7. INTERIOR ISLANDS For every fifteen (15) interior parking spaces 180- square feet of landscaping must be provided somewhere in the interior rows of tf►e parking lot. Interior island areas may be grouped and configured as desired provided that circulation aisles remain clear. Interior islands may have sidewalks through them. End island areas that exceed the minimum required by counted toward the interior parkin island requirement. As amended by Ordinance No. 2097 dated November 10, 1994) (As amended by Ordinance 2317 dated March 12, 1998) 8. PARKING LOT ISLANDS 1 All parking lot islands must be raised at least 6" and curbed, with the majority of the area planted or treated with enhanced paving. The bottom areas of planted islands must be contiguous with uncompacted soil. (As amended by Ordinance 2317 dated March 12, 1998) B. OFF - PREMISES LOCATIONS: For any new use, building or structure where the required off - street arking cannot be provided on the premises because of size or location of the lot or building plot, such parking may be provided on other property under the same ownership in fee simple or under a perpetual easement which commit the land for parking for the use,. building or structure, not more than two hundred (200 feet distant rom the building site provided the proposed parking area is located in a district where parking lots are permitted for that use. (As amended by Ordinance No. 1783 dated November 10, 1988) C. DEVELOPMENT AND MAINTENANCE OF PARKING AREA: Every parcel of land hereafter used as a public parking area, including commercial parkingg lots automobile farm equipment, mo - bile home, trailer, or other open -air sales lot, shaIl be developed and maintained in accordance with the requirements in this section. D. SURFACING: Except as otherwise provided all off -street parking areas shall be constructed with a minimum allowable parking lot pavement of one and one - half inches (1.5 ") of asphalt pavement of to of six inches (6 ") of limestone base. In the case where concrete pavement is desired the concrete shall be five inches (5 "� thick, with the exception that all designated fire lanes shall be six inches (6" ) thick. he reinforcement within the concrete section shall consist of number four ( #4) bars on eighteen inch (18 ") centers, centered within the pavement thickness. A six inch (6 ") raised concrete curb shall be required around the entire perimeter of the lot and around all interior islands. Designee for pavement and curbing must meet minimum standards as depicted in Exhibit A. Variances to the standards shall be approved by the Planning and Zoning Commission. All off -street parking areas shall be installed graded to drain and maintained so as to dispose of surface water accumulated within the area. parking spaces shall be so arranged and marked so as to provide for orderly and safe parking of ' vehicles. (As amended by Ordinance No. 2226 dated December 12, 1996) E. LIGHTING: All lighting fixtures used to illuminate an off - street parking area shall be _. arranged so as to direct or shield the light away from any adjoining residential premises. ' Zoning Ordinance Page 9 - 2 1 F. NON - PUBLIC, ALL - WEATHER DRIVE SURFACES: Temporary or permanent drive surfaces that are required for emergency access or turnaround for emergency vehicles must be constructed to function under all weather conditions. To accommodate a project during construction, phasing, or permanent installation, drive surfaces that do not meet the requirements for permanent pavement surfaces may be allowed at the discretion of the City Engineer for the specific conditions stated below: TEMPORARY ALL - WEATHER SURFACE (during construction) - A structure under construction must be accessible by an all-weather drive surface. This surface may consist of the permanent pavement as described in Section 9.2.1) or may consist of four inches (4 ") of limestone base with a one - course (1) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, Item 316. This tempo all- weather surface must be reworked or replaced to meet the permanent pavemenf standard as described in Section 9.2.D. prior to issuance of a certificate of occupancy. SEMI - PERMANENT ALL - WEATHER SURFACE (during phasing) - In cases during phasing of a large project, emergency access and turnarounds often must be added as a temporary measure until additional phases are constructed. These emerggency access areas may consist of permanent pavement as described in Section 9.2.I3., or may consist of six inches (6') of limestone base with one-course (1) seal coat as specified in the Texas Department of Transportation Standard Specifcations for Construction of Highways, Streets and Bridges, 1993 Edition, Item 316. If the semi - permanent surface is used the six -inch (6 ") curb is not required, and these areas must be gated or protected from public usage and signed for emergency access only. When the additional phase is constructed these areas must be removed or reworked to meet the permanent pavement standards as described in Section 9.2.D. PERMANENT ALL - WEATHER SURFACE (permanent) - In some development scenarios, an emergency access or turnaround must be constructed to meet emergency access purposes and is not required for public traffic, service vehicles or sanitation vehicles. In these cases, the area required for emergency access only may consist of permanent pavement as descbed in Section 9.2.D., or may consist of six inches (6 ") or limestone base with a two - course (2) seal coat as specified in the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition Item 316. If the seal -coat surface is used, a six- , inch (6 ") curb is not required, and these areas must be gated or protected from public usage and si ned for emergency access only. (s amended by Ordinance No. '2226 dated December 12, 1996) G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning ordinance requires and /or in excess of what was installed when a facility first opened is necessary to accommodate business or patronage that was unanticipated when the facility first opened, this parking may be supplied using the standards below. All such parking lots must receive site plan approval from the Planning & Zoning Commission following the site plan review procedures outlined in section 10 of the zoning ordinance. If these standards are allowed, the arking lot ma exist on a temporary basis, not to exceed 12 months. The beginning date of the 12 month period shall be determined by the ' Commission. (As amended by Ordinance No. 2226 dated December 12, 1996) STANDARDS 1. The surface of the parking lot may be gravel or some other temporary material as approved by the City Engineer. 2. The lot must be designed to accommodate drainage in accordance with the City's drainage ordinance. Curbs, gutters or other improvements may be required where necessary to comply with drainage regulations as approved by the City Engineer. ' 3. Entrance to the lot from any public right -of -way is at the discretion of the Commission based on recommendation of the City Engineer. L Zoning Ordinance Page 9 - 3 1 F1 I u 1 1 11 4. When entrance is allowed to the lot from a public right -of -way that portion of the entrance located in the right -of -way must be paved with an weather surface as approved by the City Engineer. 5. It must be shown that steps will be taken to prevent the blowing of dust onto adjacent properties and the tracking of mud onto public rights -of -way. REVIEW BY THE COMMISSION The Commission shall take into consideration the following when reviewing any request for a temporary parking lot: Safe and convenient traffic control and handling, both internal and external. Assured pedestrian safety. Efficient and economic access for public utility and emergency vehicles. Runoff, drainage and flood control. Impact on adjacent land uses. Whether in a particular case the above standards will be detrimental to the public health, safety or general welfare. The Commission ma yy impose any additional standards necessary to the protection or preservation of the public health, safety or general welfare. FUTURE COMPLIANCE At the end of the 12 month period the lot must be brought up to full compliance with F lot standards applicable to the use as required b the Zoning Ordinance or the Iot, including all pavingg material, must be removed and the area no Ionger used for the parking of vehicles. If the lot is removed, the area must be sodded, seeded or hydromulched with grass within 10 days of removal. Driveway access shall be removed and curb and gutter replaced. (As amended by Ordinance No. 1781 dated October 13, 1988) 9.3 NUMBER OF OFF - STREET PARKING SPACES REQUIRED The number of off - street pparkingg 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 apppply to all uses. (As amended by Ordinance No. 2139 dated July 13, 1995) 1 F1 1 I Zoning Ordinance Page 9 - 4 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 Exhibit A. Figure 1 #4 BAR (TYP) F 6" 2' 0 .3" CURBING OPTIONS ASPHALT PAVEMENT Zoning Ordinance 1 ' 4 BARS (TYP) Page 9 - 5 1 1 i 1 1 1 1 i C dJ 6" r/ A la el AN f" J14 E n n / n\ ff Exhibit A, Figure 2 #4 BARS (TYP) f W CURBING OPTIONS CONCRETE PAVEMENT Zoning Ordinance Page 9 - 6 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exhibit A, Figure 3 REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' FLARE 10' RADIUS Zoning Ordinance MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 7 EXPANSION JOINT REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C 1 1 1 1 1 1 Zoning Ordinance Exhibit A, Figure 4 REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT MINIMUM SLOPE 5% IAXIMUM SLOPE 10% NEW DRIVEWAY RESIDENTIAL DRIVEWAY 5' STRAIGHT FLARE Page 9 - 8 REINFORCED CONCRETE 6" THICK #3 BARS 18" C -C 1 1 1 i 1 1 t 1 1 1 1 II 1 1 1' 1 1 1 Exhibit A, Figure 5 V rll \1LJ� 1 111 � V V REMOVE ENTIRE CURB AND GUTTER SECTION EXISTING PAVEMENT NEW DRIVEWAY COMMERCIAL DRIVE URBAN ROADWAY Zoning Ordinance MINIMUM SLOPE 5% IAXIMUM SLOPE 10% Page 9 - 9 7 1� REINFORCED CONCRETE 6" THICK #3 BARS 18 C -C Exhibit A, Figure 6 cnr-c nr PnAn EDGE 1 i� 1 1 PAVEMENT MATERIALS MAY VARY. 1 I IN GENERAL DRIVEWAY MATERIAL SHOULD MATCH THE ROADWAY MATERIAL UP TO THE R.O.W.. PAVEMENT DESIGN IS SUBJECT TO APPROVAL BY THE CITY ENGINEER, MINIMUM CULVERT SIZE SHALL BE 24" . DEPTH OF COVER OVER THE PIPE VARIES WITH MATERIALS USED. CULVERT DESIGNS ARE SUB TO THE APPROVAL OF THE ENGINEER. \ \ PIPE \ \ ci nWLINp 1 / COMMERCIAL DRIVE/ RURAL ROADWAY Zoning Ordinance 6:1 SLOPED HEADWALL 4" THICK CONCRETE REINFORCED W/ 6X6 WIRE MESH THE SLOPED HEADWALL SHOULD EXTEND TO THE TOP OF CURB WHERE DRIVES HAVE CURB Page 9 - 10 MINIMUM OFF - STREET PARKING REQUIREMENTS (Amended by Or dinance No. 21 39 of July 13 1995) T of Generator Unit Spaces Per Unit Plus -For Apartment BR 1.5 1 Bedroom BR 1.5 2 Bedroom 2 Bedroom (each BR BR 1.25 less than 132 sq. ft.) 1.0 3 Bedroom BR Airport Banks Bowling Alley Bus Depot Church Convalescent Home Duplex Dwelling 1 Bedroom 2 Bedroom 3 Bedroom Dormitory Day Care Center Fraternal Lodge Fraternity /Sorority House Freight Station Funeral Parlor Game Court Center Gasoline and Fuel Service Group Housing Seat Court 300 S.F. BR (As amended by Ordim Health Studio 150 S.F. Hotel DU Hospital .33 4.0 1.0 2 As determined by the Commission nice No. 1854, dated July 26, 1990) 1.0 1.0 As determined by the Commission Home for Aged Bed •5 Laundry 150 S.F. 1.0 Manufactured Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Mobile Home DU 2 (As amended by Ordinance No. 2257 dated August 12, 1997) Motel DU 1.1 Motor Vehicle Sales & 250 S.F. 1.0 Service (Office /Sales Area) Motor Vehicle* Sales & 100 S.F. 1.0 Service (Service Area) As determined by the Commission 250 S.F. 1.0 As determined by the Commission As determined by the Commission Seat .33 Bed 0.5 DU 2.0 DU 2.0 DU 3.0 Person 1.0 250 S.F. 1.0 75 S.F. 1.0 Person 1.0 1/30 S.F. meeting room As determined by the Commission Page 9 - 11 Zoning Ordinance rant 100 S.F. 1.0 es u (with Drive -thru facility) Rooming /Boarding House Person 1.0 Sales Display 250 S.F. 1.0 Single Family Residence DU 2.0 Shopping Center ** 150 S.F. 1.0 (75,000 S.F. or less) Shopping Center ** 200 S.F. 1.0 (More than 75,000 S.F.) Townhouse DU 2.0 Theater Seat •25 Truck Terminal As determined by the Commission Veterinary Clinic 300 S.F. 1.0 (As amended by Ordinance No. 2002, dated February 25, 1993) Warehouse 1000 S.F. 1.0 NOTE: DU - Dwelling Unit; S.F. - Square Feet of floor space. Generators of traffic not listed above to be deter- mined by the Commission. * Parking spaces within service bays shall be credited toward off - street parking requirements. ** No more than twenty -five (25%) percent of any shopping center square footage shall be utilized for restau- rants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements for that square footage of such uses in excess of 25%." Page 9 - 12 Zoning Ordinance Unit Spaces Per Unit Plus -For Type of Generator Medical or Dental Clinic 1 (<20,000 2 1.0 S.F.) (20,000 - 50,000 S.F.) 2 22 (20,000- 5 5 S.F. 1 50,000 S.F.) 1 1.0 S.F.) (As amended by Ordinance No. 1 1968, dated August 13, 1992) Motion Picture House S Seat • •25 Night Club 5 50 S.F. 1 1.0 Office Building 2 250 S.F. 1 1.0 Personal Service Shop 2 250 S.F. 1 1.0 Private School or 1 100 S.F. 1 1.0 Commercial Studio Retail Sales & Service 2 250 S.F. 1 1.0 Restaurant 6 65 S.F. 1 1.0 (includes Fast Food Restaurant WITHOUT drive through) (As amended by Ordinance No. 2029, dated August 26, 1994) R to r es u (with Drive -thru facility) Rooming /Boarding House Person 1.0 Sales Display 250 S.F. 1.0 Single Family Residence DU 2.0 Shopping Center ** 150 S.F. 1.0 (75,000 S.F. or less) Shopping Center ** 200 S.F. 1.0 (More than 75,000 S.F.) Townhouse DU 2.0 Theater Seat •25 Truck Terminal As determined by the Commission Veterinary Clinic 300 S.F. 1.0 (As amended by Ordinance No. 2002, dated February 25, 1993) Warehouse 1000 S.F. 1.0 NOTE: DU - Dwelling Unit; S.F. - Square Feet of floor space. Generators of traffic not listed above to be deter- mined by the Commission. * Parking spaces within service bays shall be credited toward off - street parking requirements. ** No more than twenty -five (25%) percent of any shopping center square footage shall be utilized for restau- rants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements for that square footage of such uses in excess of 25%." Page 9 - 12 Zoning Ordinance As determined by the Commission Veterinary Clinic 300 S.F. 1.0 (As amended by Ordinance No. 2002, dated February 25, 1993) Warehouse 1000 S.F. 1.0 NOTE: DU - Dwelling Unit; S.F. - Square Feet of floor space. Generators of traffic not listed above to be deter- mined by the Commission. * Parking spaces within service bays shall be credited toward off - street parking requirements. ** No more than twenty -five (25%) percent of any shopping center square footage shall be utilized for restau- rants, nightclubs, taverns, bars or theaters unless additional parking is provided in accordance with the above requirements for that square footage of such uses in excess of 25%." Page 9 - 12 Zoning Ordinance 90 PARKING DIMENSIONS 7- 20 2 -0- 23 1 � 20 j L Page 9 - 13 Zoning Ordinance ANGLE PARKING DIMENSIONS SINGLE PARKING ROW ,,- Overhang Raised Island Cub D OUBLE Raised Island f 0 N PARKING ROW Tree x - Page 9 - 14 Zoning Ordinance SECTION 10. SITE PLAN REVIEW REQUIREMENTS Prior to any development other than single family or duplex development or for development pursuant to a conditional use permit an applicant must obtain site plan approval under plan section. No such developmenf shall be lawful or permitted to proce fi at the time a rov All improvements reflected on approved plans e con oT-development. All terms and conditions of site plan approval must be met at the time of development. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.1 APPLICATION PROCEDURE A. Any development requiring site plan review shall submit a site plan including landscaping (as required by Section 11 . B. No approval granted s riance to to suuch requirements tsu has been grannted shall be appropriate appeals board or commission. C. Required on the easapplication b cessary therewith the review prthocefollowing, together with any other 1. An application for site plan review. 2. A fully dimensioned site lan, drawn to an appropriate Engineering scale on a 24"X 36" sheet of paper, reflecting: (a) The name, address and telephone number of the Applicant. (b) The name, location and legal description of the proposed project. (c) Ownership and current zoning of all abutting parcels. (d) A key map. (e) Topography and final grading plan, and other pertinent drainage information. (f) All existing streets, drives, buildings, and water courses on or adjacent to the proposed project site. (g) Floodplains on or adjacent to the proposed project site. (h) The location and size of existing utilities within or adjacent to the proposed project site. (i) The proposed location, type, and size of the following: (1) Buildings and structures. (2) Streets, drives, and curb cuts. (3) Off - street parking areas with parking spaces drawn and tabulated. (4) Sidewalks. (5) Landscape information as required in Section 11 of this ordinance. (6) Common open space sites. (7) Sites for solid waste containers. (8) Proposed signage. Page 10 - 1 I Zoning Ordinance (j) The total number of residential buildings and units to be constructed on the proposed project site. (k) The total number of bedrooms included in the proposed project. 0) The density of dwelling units per acre of the proposed project. (m) The ggross square footage of all non - residential buildings and the proposed use of r. each (n) The total site area. (o) Other information as required by staff. (As amended by Ordinance No. 2273 dated October 23, 1997) L r, J !I Zoning Ordinance Page 10 - 2 10.2 ADDITIONAL RE - In order to be approved, a site plan must provide for: (As amended by Ordinance No. 2273 dated October 23, 1997) Yr A. Safe and convenient traffic control and handling. B. Assured pedestrian safety which may include the provision of sidewalks along the erimeter of the propert y meeting the specifications for same as outlined in the g ubdivision Regulations relative to width and placement. (As amended by Ordinance No. 2029 dated August 26, 1993) C. Efficient and economic public utility and sanitation access. D. Public road or street access. E. Satisfactory internal access; public, private or emergency. F. Adequate parking and maneuvering areas. G. Noise and emission control or dispersion. H. Visual screening trash receptacles or other areas offensive to the public or existing adjacent development. i. (As amended by Ordinance No. 2097 dated November 10, 1994.) I. Runoff, drainage, and flood control. J. Sign location, as an incident to the above considerations and the express requirements of this ordinance. K. Location and density of buildings or dwellings where topography or characteristics of the site compel a lower density than would otherwise be allowed, or require location consistent with accepted engineering practices and principles. L. Visual scre ening mend the by Drdir once NoP20 parking Augu t 26 1993) M. Compliance with standards guidelines and policies of the City's adopted Streetscape Plan that are not already covered by Sections 9 or 11. (As amended by Ordinance No. 2029 dated August 26, 1993) N. Compliance with the City's adopted Streetsscape Plan for minor arterial type_ a sstreet trees along collector s tr eets by O dinancce N bZ273 City d October 23, 1997) �pll O. Determination and clear indication of what constitutes the building plot for purposes of this ordinance and the sign ordinance, and the conditions or requirements imposed by the provisions of city ordinances. (As amended byOrdinance No. 2273 dated October 23, 1997) t L� Zoning Ordinance Page 10 - 3 10.3 APPEAL An applicant may appeal interpretations of site plan requirements to the Project Review Committee within five (5) days after the site plan review is completed. The Project Review Committee (PRC) shall include three members of the Planning and Zoning Commission. Any member of the committee may deli nate a representative for himself to act in his absence. Any representative and des t h the Meetings Act The PRC is a governmental y Failure to appeal the PRC action shall constitute a contractual acceptance of all conditions imposed, and a waiver and surrender of all complaints, defects, or potential invalidity, whether under state or federal law. (As amended by Ordinance No. 2273 dated October 23, 1997) A. An applicant a m an interpretation to the PRC shall file ten (10) copies of the final site plan as approved showing all changes and requirements imposed d g plan review, and accompanied by a written explanafion of those interpretations being appealed. Until saidcopiesare on * le e Flo. 2273 dated dev e lo pm ent Oc Ober a 3,997) shall occur. (As am d Y B. An applicant may ,appeal only interpretations of staff in applying codes, ordinances, standards and policies. (As amended by Ordinance No. 2273 dated October 23, 1997) C. Any notice of appeal shall state with particularity the aspects which are to be appealed. D. An applicar(As a ay m ap peal nd Ap ed by Ordinance ante th o. 2273 ed October 23,1Zo Commission. 10.4 DISCRETIONARY REVIEW The reviewing taff may forward through the Project Review Committee any site plan to the Planning andZonin Commission for review and approval within three days after filing of the he plan or may forward the plan to the C or gonsidePrationmay elect t approve The scope and extent of the review of the site plan by the Planning and Zoning Commission shall be equivalent to that of an appeal to the Projecf Review Committee. The Commission shall, upon taking inal action, issue a written report setting forth any conditions imposed under Section 10.2 above, and the reasons therefor. A revised copy of the site plan showing all such conditions and requirements shall be filed with the City Planner. No permits shall be issued prior to such filing. (As amended by Ordinance No. 2273 dated October 23, 1997) 10.5 SPECIAL RULES FOR M -1 DISTRICTS RESERVED L�] t J Zoning Ordinance Page 10 - 4 10.6 SPECIAL RULES FOR C -N DISTRICTS Site plan review and proposed uses within the C -N Neighborhood Business District are subject to ap roval by the Planning and Zoning Commission. Applicants shall file an application form with the City Planner no less than twenty (20) days prior to s to schedu Th e e appli on the Planning and Zoning Commission at which the plan form shall be accompanied b& all supp 10 a porting information required in Section .1 above, list of property owners within 20U feet , and a receipt for filing fee. The application fee shall be determined by the City Council. * Property owners within two hundred (20) feet of the site shall be identified by the Planning Office using the Tax Rolls supplied by the Brazos County Appraisal District. A. Public notice by publication in a local newspaper shall be made at least fifteen (15) days prior to the date set for the public hearing. (As amended by Ordinance No. 2273 dated October 23, 1997) B. * The City Planner shall notify all propert y owners of record within two hundred (200) feet of the property in question at least ten (i0) days prior to the public hearing. The notice may be served by ifs deposit in the municipality, properly addressed with postage paid, in United States mail. (As amended by Ordinance No. 2285 dated December 11, 1997) C. The City Planner shall notify the applicant of the date, time, and place for the preliminary review of the project. (As amended by Ordinance No. 2273 dated October 23, 1997) D. The proposed roject shall be reviewed in accordance with Section 10.2 prior to the Planning and Z Commission meeting. Written recommendations shall be submitted to the Planning and Zonin Commission. A copy of this report shall be sent to the applicant. The applicant slall file ten (10) copies of the final site plan as approved, showing all changes and requirements of approval. The Planning and Zoning Commission shall hold a public hearing for the purpose of approving or denying the project plan. (As amended by Ordinance No. 2273 dated October 23, 1997) E. The applicant or the owners of forty percent (40%) or more of the propert y within two hundred (200) feet of the project sife may appeal to the City Council any determination made by the planning and Zoning Commission. The appeal should be made by petition filed with the City Secretary within ten (10) days after the public hearing. c 1 Zoning Ordinance Page 10 - 5 SECTION 11. LANDSCAPING (As amended by Ordinance No. 2317 dated March 12, 1998) 11.1 APPLICATION OF SECTION A. The landscaping requirements of this section apply to all land located in the s ite submittal. City of College Station and proposed for site development, but do not apply to single family townhouse, or duplex uses. The landscaping requirements shall apply to mobile and manufactured home parks but not to an pp individual mobile home or manufactured home in s pal a lot a the time to andscagreuirements shall bec applicable to each The streetscaping requirements of this section shall appply to all land in the City of Collegge Station and proposed for site development, but do not apply to single family townhome, or duplex uses. Streetscaping requirements shall apply to mobile and manufactured home parks, but not to an individ mobile home or manufactured home c individual to at he � time of s e plan submittaluirements s ha l l become applicable to All landscaping /streetscaping requirements under this section shall run with the land and shall apply against any owner or subsequent owner. B. Each phase of a phased project shall comply with this section. C. When the requirements of this section conflict with requirements of other provisions of this code, this section shall prevail provided however, that the provisions of this section shall aeu a o fe d y n aand e pro vs ons Ord 1729, and 10 pertaining to traffic and pedestrian 11.2 LANDSCAPING REQUIREMENTS A. The landscaping requirements shall be determined on a point basis by the following: Landscape Points required = 30 pts. per 1000 square feet of site area. The minimum number of points for any development is 500 points. Floodplains may be removed from site size calculations but then the existing trees within a the floodplain may not be claimed for points. y ameni y. The porfion l t for subsequent phases being all be of developable size an quality. site amenity. B. Point values will be awarded for any type of canopy tree, non - canop tree, and shrub, Fist that the species claimed for point credit are not listed on the Non -Point Tree List as prepared by the City Forester. Accrued landscaping points are expended on landscaping material with the following point values: (all cariper measurements are at twelve (12 ") inches above the ground. PLANT MATERIAL POINTS ACCRUED INSTALLED SIZE NEW PLANTINGS Canopy Tree '75 ts. 150 pts. 1.5 to 2 caliper 2.1" to 3.4" caliper 300 pts. 3.5" and larger Non -canopy Tree 40 pts. 1.25" caliper and larger Shrubs 10 pts. Min. 5 gallon Min. 1 gallon (dwarfs) Zoning Ordinance Page EXISTING PLANTS* TREES ITHI BARRICADE AREA Canopy Tree 35 pts. 2" to 14.5" caliper Non -canopy Tree 40 pts. 1.25" caliper and larger TREES WITHIN BARRICADE AREA Canopy Tree 200 pts. Between 4" and 8" 300 pts. 8" and larger Non- canopy Tree 150 P s. pts and and 4" larger * To receive landscape points, all existing trees must be in good form and condition and reasonably free of damage by insects and /or disease. C. 100% coverage of groundcover or grass is required in parking lot islands swales and drainage areas, and the 24 landscape reserve unless otherwise landscaped or existingg plants are preserved. 100% coverage of groundcover or grass is also required in all unpaved portions of street or highway right -of -way on or abutting the property and adjacent property that has been disturbed duiing construction. If grass is to be used for groundcover, 100% live grass groundcover is required, whether by solid sod overlay or preplanting and successful takeover of grasses. D. Every project must expend a minimum of 50% of its point total on canopy trees. E. Every development must employ an irrigation system. F. Additional Point Credits (1) A ten percent (10 %) point credit will be awarded if twenty -five percent (25 %) or more of parking area consists of enhanced paving. (2) A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (fountains, benches and planters, water features, etc.). G. Se pparation Requirement - Canopy trees must be planted at a minimum of twenty feet (20') from other canopy trees. Live Oaks (Quercus viginiana) must be planted at a minimum of 35' from other Live Oaks. H. Dispersal Requirement - Landscaping must be reasonably dispersed throughout all visible areas of the site. 11.3 STREETSCAPE REQUIREMENTS A. Along all ma or arterials and freeways one canopy tree for every, twenty -five feet (25') of frontage shall be installed. Two (2) non - canopy trees may be substituted for each one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliper) may be substituted for each new tree. New trees must be planted within 50' (fifty feet) of the property line along the street. B. Along minor arterials, one (1) canopy tree for every thirty -two feet (32') of frontage shall be installed. Two (2) non - canopy trees may be substituted for one (1) canopy tree. Canopy and non -canopy trees must be selected from the Streetscape Plant List and may be grouped as desired. One (1) existing tree (minimum of 4" caliger) may be substituted for each new tree. New trees must be planted within fifty feet (50') of the property line along the street. C. Parking areas adjacent to a ROW shall be screened for any development if parkin is located between a building and a street right-of-way. nations there b and musP bea S, u sing planting, berms, structural elemens, o r combinations mi of g above the parking lot pavement elevation. Zoning Ordinance Page 11 - 2 D. Dumpsters, concrete retaining walls where more than six vertical inches of untreated c haracteristics that could be considered loading visually offensive be aoequa ely screen c ed. E. Vegetation must be set back twenty feet (20') from any driveway curb and forty -five feet (45') from the curb at intersections of streets. The unobstructed vertical field of vision must be between 2 6 and 9 in height. F. Live Oaks must be planted a minimum of thirty feet (30') behind the street curb. G. Three hundred (300) additional points shall be provided for every fifty (50) lineal feet of frontage on a major or minor arteri 1. iv from openings, si e.f clearance triangles, and other Traffic control areas may be subtracted 1 . more of parking10area point credit ofe will be enhanced awarded if twenty -five percent (25%) or 2. A ten percent (10 %) point credit for every one percent (1 %) of site area devoted to special facilities (water features, etc.). 11.4 STREETSCAPE PLANT LIST to 1. CANOPY TREES 1W. Cedar Elm us crassi & Live Oak ( rr Winged El a at Water Oak ( uercus m r Chinese Pistac a Pistaci Post Oak uercus stelIa� Burr Oak uercus macr Goldenrain Tree oe rerei Water Oak uercus m i Bald Cypress Taxo rum Willow Oak ( uercus Red Oak ( Ouercus s um 2. NON - CANOPY TREES Revd Bud (Cercis canader Tree Yaupon ex vomrl Crabapple (M us s ecre e ag Tree re e yrt Shining Sumac (Rhus co Possumhaw (ilex ecr u Hawthorn Cratea us L. Bradford Pear rus s , Texas Mt. Laure (&p Mexican Plum (Prunus i Rusty Blackhaw vi u�rnu 1 t Zoning Ordinance Page 11 - 3 I� li L� 1 t t 11.5 LANDSCAPE /STREETSCAPE PLAN REQUIREMENTS When a landscape/streetscape plan is required, the landscape /streetscape plan shall contain the following: A. 1. The location of existing property lines and dimensions of the tract. 2. The location of existing and proposed utilities and all easements on or adjacent to the lot. 3. An indication of adjacent land uses, existing development and roadways. 4. An irrigation system plan. 5. Landscape information: a. Landscape points required for site and calculations shown b. A table showing the size, type (canopy, non - canopy, shrub) and points claimed for proposed landscaping. c. Location of landscape plants on plan. 6. Streetscape information: a. Streetscape points required for site and calculations shown. b cano y > shrub)gand scientific claimed f proposed street taping. type (canopy, non - PY P c. Location of streetscape plants on plan. 7. The location and diameter of protected existing trees claimed for either landscape or streetscape requirements, and an indication of how the applicant plans to bamcade the existing trees from damage during construction. 11.6 MAINTENANCE AND CHANGES A. Landsca ing /Streetscapping shall be maintained and preserved in accordance with the approved Landscape / Streetscape Plan. Re lacement of dead landscaping /streetscaping must occur within forty -five (45) days notification by the Zoning Official or his dele ate. Replacement material must be of similar character and the same or higher poin� total as the dead landscaping. Failure to replace dead landscaping, as r uired by the Zoning Official, shall conslitule a violation of this section of the ordinance�or which the penalty provision may be invoked. B. Landscaping /Streetscaping Changes to Existing Sites 1. If changes constituting 25 % or more of the number of canopy and non - canopy trees are proposed, a revised landscape plan must be submitted for approval. Planting mus{ occur pursuant to this approved landscape plan. 2. Revised Landscape/Streetscape Plans shall meet the requirements of the Landscape / Streetscape Ordinance in effect at the time of the revised landscape /streetscape plan submittal. Zoning Ordinance Page 11 - 4 11.7 COMPLETION AND EXTENSION The Zoning Official or his delegate shall review all landscaping fo en compl l all with this section and the approved landscape /streetscape plan. Lan p g P g be completed in compliance with the approved plan befo four (4) months f Oc dat of issued. however the applicant ma yy receive an the Certificate of Occu anc upon fhe appppr�oval of an application for extension with a bond or letter of credit in the amount of Five ($S.9) Dollars times the number of landscape/stre to nts required for the project. Failure to complete the landscaping /streetscaping ppooi accordingg to the approved landscape / streetscape plan at the expiration of t of cre letter f c s n g cons grounds for forfeitin the bond or ca -ling oft y Official or delegate. Also, ailure to complete the approved landscaping shall constitute a violation of this section. 11.8 REVIEW AND APPROVAL Landscape plaps shall be reviewed by the appropriate staff or reviewing body as outlined in Section 10.1. �• 11.9 PARKING, STORAGE, OR DISPLAY Parking, storage, or display of vehicles or merchandise on required landscape / streetscape areas or required islands shalt be considered a violation of this ordinance. 11.10 ALTERNATIVE COMPLIANCE PERMITTED Variations to the requirements of Section 11 may be approved if the landscape plan is sealed by a registered landscape architect. Such plans must show reasonable evidence that the requirements as set forth In Section 11 were used as a guide. (As amended by Ordinance No. 2317 dated March 12, 1998) 1 1 u ��J Zoning Ordinance Page 11 - 5 EXHIBIT A 1 5 CI J 1 S��t IN��S�CtI O v Triangle ` ,s•o- 51�t P&MAY CC &LI y INt�r5I�C110N WfH 5tMft 030J v �� , /Ysibi(ty / - Triangle 30•-01 51��t * No obstruction between 2.5' and 9 -0' Page 11 - 6 I Zoning Ordinance SECTION 12. SIGN REGULATIONS 12.1 PURPOSE The purpose of this section is to establish clear and unambiguous regulations pertaining to at community, foster signs in the City of College Station and to promote thereby an reformation ' The C ty o the Ci y of College Stationan hereby ideas an nthe following legislative facts: mot p rolife r a tion ri ocate the go comme service econf confusion and makes it difficult for travelers and The increasing heigght of signs within the City is an endless battle for a higher and more visible %, and a reasonalsle limitation on the height of signs is necessary to prevent visual pollution, tial windstorm damage, injury or death. Excessive height in s igns creates clutter and is unsightl and offensive to the members of this council and many, if not most of the citizens in Co ege Station. The establishment of a reasonable maximum height for signs will allow effective communication, prevent altitude �.. competition, and will not penalize smaller business concerns which may not be We to compete for aerial superiority. Reasonable provisions pertaining to size, scale, location, design, lighting, permanency, and �. maintenance are neces sary to avoid visual clutter, preserve and im pprove the appearance and character of the community, to avoid traffic problems caused by distracting signs or structures motorist B to prevent deterioratio disregard, ardh and abandonmen of signs or t ttrructures of . This section will complement the provisions of the Federal Highway Beautification Act of 1972. �,. The Council recognizes that signs are necessary for visual communication for public convenience, and that businesses and other activities have the right to identify themselves by using signs which are incidental to the use on the premises where the signs are located. The f City Council herein seeks to provide a reasonable balance between the right of a person to identify his or her business or activity, and the ri ghts of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location and construction of signs. This section will insure that signs are compatible with adjacent land uses ` and with the total visual environment of the community, in accordance with the City's comprehensive plan for zoning and land use. The City Council finds that the rights of residents of this City to fully exercise their rights of s free speech by the use of signs containing non - commercial messages are subject to minimum regulation regarding structural safety and setbacks for purposes of traffic protection. The Council seeks herein to provide for the reasonably prompt removal and disposal of such signs after they have served their purpose and yet to avoid any interference with First Amendment freedoms, especially as to persons who are of limited financial means. The Council finds that instances may occur in the application of this section where strict enforcement would deprive a person of the reasonable use of a sign, or the reasonable utilization of a sign in connection with other related property rights, and herein provides for such persons to have the right to seek variances from the requirements of this chapter for good cause. The Council finds that it is imperative that enforcement officials apply this section as it is written, in the interest of equality and fair and impartial application to all persons and that the use of the variance procedure shall remain the sole administrative means to ;btain any exception to the terms hereof. 1 I� Zoning Ordinance Page 12 - 1 1� n 12.2 DEFINITIONS SIGN means any written or graphic representation, decoration, form, emblem, trademark, flag, banner, or other feature or device of similar character which is used for the communication of commercial information, or communication of ideas or subjects of political significance, and which: A. Is a structure or any part thereof, including the roof or wall of a building, or a free Ir. standing wall or fence; B. Is written, printed, projected, painted, constructed or otherwise placed or displayed upon ma da e i ggn o e bject or d bu ce wh board, pla canopy, awning or vehicle, or upon any C. By reason of its form, color, wording, symbol desi illumination or motion attracts or Is designed to attract attention to the subject thereof, or is used as a means of identification, advertisement or announcement. D. A sign shall be considered to be a single display surface, a double -faced display surface, or displa� y device containing elements clearly organized, related and composed to form a �. unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign; provided, however, that the display of merchandise through glass windows in any zone where such merchandise may be sold in 6 the ordinary course of business shall not constitute a sign or signs. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An 1p attached sign or a freestanding sign with permanent foundation or moorings, designed for 16 identification of a multi- family residential project or a mobile home park project, and where adequate provisi(As am by O rdinance No 1169dated hereunder. 12, 1987) AREA IDENTIFICATION SIGN: A freestanding or wall sign with permanent foundation or moorings,_ designed for identification of subdivisions of ten (10) to fifty (50) acres, or identification of a distinct area within a subdivision, and where adequate provision is made for maintenance hereunder. ATTACHED SIGN: A sign attached to or applied on and totally supported by a part of a building. BANNER/FLAG: A piece of fabric used for decoration (contains no copy or logo) or for identification (contains copy and /or logo). COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold offered, or existin 54 dated A pril 9, 1992) (As amended by Ordinance No. DEVELOPMENT SIGN: A sign announcing a proposed subdivision or a proposed building project. (As amended by Ordinance No. 1702 dated April 23, 198 7) DIRECTIONAL TRAFFIC CONTROL SIGN: A sign utilized as a traffic control device in off -street parking or access areas. FREESTANDING COMMERCIAL SIGN: A sign supported by one or more columns, poles or bars extended from the ground or from an object on the ground, or that is erected on the ground; the term includes all signs which are not substantially supported by a building or part thereof, or which are substantially supported by a building or part thereof, when the sole significant purpose As t amended by O d ni part No . 1954 s teed April 9, 1992) t sign. ( FUEL PRICE SIGN: A sign used to advertise the current price of fuel at locations where fuel is sold. Zoning Ordinance Page 12 - 2 HOME OCCUPATION SIGN: A sign used to identify the name and occupation of a person with a legal home occupation. LOW PROFILE SIGN: A sign with a permanent foundation which is not attached to a building, but is a stand -alone sign and which does not exceed 60 S.F. in area and 4 feet in height. NON - COMMERCIAL SIGN: A work of art or message which is ,political, religious, or +r pertaining to a point of view, expression, opinion, or idea that contains no reference to the endorsement, advertising of or promotion of patronage, of a business, commodity, service, entertainment, or attraction nd d by sol dinanc 7 . 19 54dated April 9, 1992) OFF - PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the premises where such sign is displayed. (As amended by Ordinance No. 1954 dated April 9, 1992) ON- PREMISE COMMERCIAL SIGN: A sign which directs attention to a business, commodity, service entertainment, or attraction sold, offered, or existing the premises where such sign is displayed. This definitio does not ated non - co mmercial i )igns. (As amended by Ordinance P POLITICAL SIGN: Any sign which promotes a primary p diida candidate public office or which shl be advocates a on any soci n -comme vial except where Political are regulations considered in the category of no signs P pertaining to their removal after an election. (As amended by Ordinance No. 1954 dated April 9, 1992) PORTABLE SIGN: A sign which is not affixed or attached to real property by poles, stakes or other members which are placed into the ground or upon some other type of permanent foundation; trailer signs, any sign with wheels or skids and any sign which is constructed so as to sit upon the surface of the ground, without subsurface attachment or extension. PREMISES: An area of land planned and designed as a single comprehensive project, considered from the time the plan is first submitted to the Planning Department either at plat stage or site plan stage. REAL ESTATE, FINANCE and CONSTRUCTION SIGN: An attached or freestanding sign erected upon a lot or parcel of land for the purpose of advertising same for sale or lease, or advertising the furnishing of interim or permanent financing for a project, or for the furnishing of labor, materials or the practice of crafts on the job site. ROOF SIGN: An outdoor advertising display sign erected, constructed, or maintained on the roof of a building or which is wholly dependent upon a building for sup po rt, and which projects above the point of a building with a flat roof six feet above the eave line of a building with a shed, gambrel, gable or hip roof, or the deci line of a building with a mansard roof. See illustrations at the end of this section. SUBDIVISION IDENTIFICATION SIGN: A freestanding or wall sign with permanent concrete foundation or moorings, designed for permanent identification of a subdivision of greater than fifty (50) acres, and where adequate provision is made for permanent maintenance hereunder. 1 F� I Zoning Ordinance Page 12 - 3 12.3 GENERAL- PROVISIONS A. BUILDING PERMITS: A permit shall be required for the following types of signs: Apartment/Condominium /Mobile Home Park Identification Signs Attached Signs Development Signs Freestanding Signs Roof Signs Subdivision and Area Identification Signs Permits shall be issued by the Building Official with approval by the Zoning Official upon receipt of a properly completed application which demonstrates that the applican t's The fee t i for such perm is shall be established of bylthe section ity and ounc City's om 's timeto time by resolution. No permit shall be required for the following signs: Real Estate, Finance and Construction Signs Directional Traffic Control Signs Home Occupation Signs Non - Commercial Signs (As amended by Ordinance No. 1954 dated April 9, 1992) B. SUBDIVISION AND AREA IDENTIFICATION SIGN: Area Identification signs shall be permitted upon private property in any zone to identify subdivisions of ten (10) to fifty . 00) . acres in size and subject to tale requirements set forth in Table II. Area Identification signs may also be used within a large subdivision to identify distinct areas within that subdivision, subject to the requirements in Table II. Subdivision signs shall be ermitted upon private property in an zone to identify subdivisions of greater than fifty (50) acres, subject to the requirements set forth in Table II. Both area identification and subdivision signs must be located on the premises as identified by a preliminary or master preliminary plat of the subdivision. Subdivision signs will be permitted only at major intersections on the perimeter of the subdivision (intersection of two collector or larger streets). At each intersection either one or two subdivision signs may be permitted so long as the total area of the signs does not exceed 150 square feet. Banners or flags may be utilized as subdivision identification signs but the overall height shall not exceed sixty (60) feet. Indirect lighting is permissible but no optical effects, moving arts or alternating, erratic or flashing li ghts shall be permitted. Landscaping valued at 50 points (as described in Section 11 of the Zoning Ordinance) shall be installed around each subdivision sign. Adequate arrangements for permanent maintenance of all signs and any landscaping, in conjunction with such signs shall be made, which may be through an owners association if one exists or is created for this purpose. I Zoning Ordinance Page 12 - 4 A` C. APARTMENT /CONDOMINIUM /MOBILE HOME PARK IDENTIFICATION SIGN: An apartment/condominium /mobile home park identification sign may be either an attached sign or a freestanding sign. It shall be pplaccende upon the private P home prop r an R7 particular multi - family project in an R4, R5 or Rb zone subject to the requirements set forth in Table II. The apartment/condominium /mobile home park identification sign shall list the name and facilities available and may have leasing or sales information incorporated as a part u the sign. An apartment or condominium pro ect must have a minimum of 24 dwelling units �i• to qualify for an identification sign. Indirect lightingg is permissible, but no optical effects, moving parts, or alternating, erratic or flaslling lights or devices shall be permitted. Any mobile home parks existing at the time of this ordinance that are non - conformin may still utilize an identification sign meeting the provisions of this section and Table �As amended by Ordinance No. 1695 dated February 12, 1987) D. DEVELOPMENT SIGN: A development sign may be placed only on private property subject to the requirements in TablelI. A development sign for a building project shall be removed if the prot1ect has not received a building permit at the end of twelve (12) months. The Zoning Ufficial may renew the sign permit for one (1) additional twelve (12) month period upon regRest. Once a building Permit for the project is received, the sign may stay in place until 75 percent of the project is leased or a permanent sign is installed, whichever comes first. r. A development sin for a proposed subdivision shall be removed if a preliminary or final plat has not been approved by the end of twelve (12) months. The Zoning Official may renew the sign permit for one (1) additional twelve (12) month period upon request. f Once a plat has been approved, the sign permit is valid as long as a relimmary plat is in eliminary plat, for twent y -four �24) mo effect, or in the absence of a valid pr nthsrom the date of approval of a final plat. (As amended by Ordinance No. 1702 dated April 23, 198 7) E. DIRECTIONAL TRAFFIC CONTROL SIGN: Directional Traffic Control signs may be utilized as traffic control devices in off - street parking areas subject to the requirements set forth in Table II. Logo or cop may be permitted but shall be less than 50% of the area of the directional sign. No directional traffic control sign shall be permitted within or upon the right-of-way f any public street unless its construction, design, and location have been approved by the City Traffic Engineer. F. PORTABLE SIGNS: Portable Signs are not permitted within the City Limits of the City of College Station. G. REAL ESTATE /FINANCE /CONSTRUCTION SIGNS: One real estate sign not exceeding ixteen (16 )square feet in total area (exclusive of stakes and posts) may be erected al any time while a property is offered for sale or lease to the public. Properties with a minimum of 150 feet of frontage shall be allowed one real estate sign not exceeding 32 square feet in total area. Properties with a minimum of 2 acres and frontage on 2 i st n to be shall determined b the amount of frontage as stated above. s treet with the area of the sign Y One finance sign and three construction signs (for a total of 4 signs), not exceeding 16 ' square feet in total area each (exclusive of stakes and posts) may be erected once a building permit has been issued on a property. Properties with a minimum of 10 acres and 1,000 feet of frontage shall be allowed one finance sign and three construction signs not exceeding 32 square - teet in total area each. Real estate, finance and construction signs may be either attached or freestanding and only those visible from the street are limited in number (see exempt signs Section 12.3 P.). All such signs shall be maintained by the persons in control of the premises so as to remain erect and in good re air. Such signs shall be removed by the property owner or other person in control of the Such if they are damaged, broken or incapable of remaining erect. Zoning Ordinance Page 12 - 5 Such signs must be removed by the owner or person in control of the premises when either the property has sold or been leased and /or when performance under the construction contract or subcontract (in the case of construction signs) has been completed. In all cases, financing and construction signs shall be removed prior to issuance of a certificate of occupancy. H. NON-COMMERCIAL , o S non- o POLITICAL erc l signs, political signs except as not the 1. No commercial message shall be shown on any non-commercial sign. 2. No non-commercial sign: (a) May be located within public road right -of -way of the State of Texas; or (b) May be located off the premises of the property owner who is displaying the sign; or (c) May exceed the restrictions set forth in Table 1; or (d) May be located within any sight distance triangle as defined b the Zoning Ordinance or where determined by the City Manager or his designate as a location that would hinder intersection visibility. (e) May be located within the Cit * ht-of way ad'acent to undeveloped property. (As amended by Ordinance 11�o. 1954 dateMpril 9, 1992) This provision is necessary to avoid clutter, proliferation, and dangerous distraction to drivers caused by close proximity of such signs to automobile traffic, to avoid damage to automobiles which may leave thepaved ii throadway inter to bypass such s t rio regulatory the necessity for pedestrians to step alternative exists to accomplish this police power obligation. In the event that an y political sign is located in a public right -of -way of the State, it shall be removed by the City. All political Is T am nde rem Ordnance with No. 1954 dated t he 1992) electio I. HOME OCCUPATION SIGNS: A person having a legal home the building or porch of a residence. The sin may contain only the name and occupation of the resident. ' It shall be attached directly to the face of the building or porch. It shall not exceed 2 square feet in area, shall not be illuminated in any way and shall not project more than 24 inches bey ond the building or pooccupation may display a home occupation sign on the face of rch. No permit is required. No display of merchandise or other forms of commercial communication shall be allowed within a residential area, unless same are in existence prior to the adoption of this section in connection with a use which is presently a lawful non - conforming use within the district. Such non - conforming signs may be maintained until the non - conforming uses of the building cease subject to the requirements for shall prevveri he Dis even if the non-conforming of s u a of the premises s an f onti h nuous. p J. ROOF SIGNS: Roof signs shall be regulated as freestanding signs. 1 1 Page 12 - 6 Zoning Ordinance IAL SIGNS: Freestanding commercial signs are allowed K. FREESTANDING COMMERC only on developed commercial property in A -P, C -1 C -2 C -3 C -B, M -1 and M -2 zone. One freestanding sign shall be allowed in an A -P , zone only when the premise has a minimum of 2 acres, subject to the requirements set forth in Table II. One low profile sign shall be allowed in an A -P zone when the premise has less than Two (2) acres subject to the requirements set forth in Table II. Height, area and setback requirements for all other freestanding signs are found in Tables I and U. See Section 12.3 concerning banners and flags. • premise with less than 75 feet of frontage shall be allowed to use one low profile sign. • for one f ees with nding sign rat er feet of o frontage e 1 w profile be allowed to use Table I standards A premise with more than 150 feet of frontage shall be allowed to use Table I standards for one freestanding sign or any number of low profile signs as long as there is a minimum separation between signs of 150 feet. Premises corresponding to the resulting frontage as g descriibed in combined e preceding parag utilize The si n applicant may elect the frontage street where two streets at the corner are class f ed the all be cons e thoroughfare nage strut n two differently classified streets, then the greater No more than one freestanding sign shall be allowed on any premises except when all of the following conditions are met: 1. The site must be zoned C -1, C -2, C -3, C -B, M -1 or M -2. 2. The site must be twenty -five (25) acres or more in area. 3. The site must have 1,000 feet (or more) of continuous unsubdivided fronts a on any major arterial street (as classified in the thoroughfare plan) toward Mich one additional freestanding sign is to be displayed. Balloons or gas - filled objects may be used for display or advertising for special events with no required permit.. Maximum height sixty (60) feet. One use allowed for 3 days maximum time per premise per 30 da period. (As amended by Ordinance o. 1676 dated September 11, 1986) L. ATTACHED SIGNS: Attached signs in areas zoned C -N, A -P, C -1, C -2 C -3, C -B, M- land M -2 are commercial signs under this section. An attached sign shall advertise only the name of, uses of, or goods or services available within the building to which the sign is attached. Such sign shall be parallel to the face of the building, shall not be cantilevered away from the structure, and shall not extend more than one foot from any exterior buildin face, mansard, awning or canopy (see Roof Sign definition). There shall be no pained roof signs. M. FLAGS: One freestanding corporate flag per premise, not to exceed 40 feet in height or 100 sq.ft. in area is allowed in mulfi family, commercial, and industrial zones or developments. (As amended by Ordinance No. 1888 dated July 11, 1991) Zoning Ordinance Page 12 - 7 P N. SIGNS FOR CONDITIONAL USES: Signs for conditional uses shall comply with the regulations for the zoning district in which the conditional use is permitted. An applicant wishing to propose signage using the requirements of a zoning district different frrom the one in which the conditional use is permitted must receive approval from the Planning and Zoning Commission as part of the conditional use permit process. After receipt of a recommendation of the City Planner the Commission may permit the requirements of a different zoning district to be used for the purposes of signage when the Commission finds: 1. That the proposed signage is compatible with signage allowed in surrounding zoning districts. 2. That the proposed signage meets the intent of this section; and, 3. That the proposed signage is in harmony with the development policies, and goals and objectives embodied in the Comprehensive Plan for development of the City. O. PROHIBITED SIGNS: The following signs shall be - prohibited in the City of College Station: 1. Portable and Trailer Signs. 2. Off . premise signs, both commercial and non - commercial, except on City of College Station property where there has been a determination and minute order of the City of College Station City Council which finds that the display of the sign does as follows: (a) promotes a positive image of the City of College Station for the attraction of business or business or tourism; and (b) depicts an accomplishment of an individual or group; and (c) creates a positive community spirit. Upon such order, the City of College Station can authorize, upon approved construction plans, the following: (a) a sign on a City of College Station water tower; or (b) an entrance sign to be located on City of College Station property such that it is visible from the Highway Six East By -pass; or ' (c) a sign to be located on City rights -of -way. Said sign shall be displayed for a period ordered by the City Council or as may be decided by it from time to time. (As amended by Ordinance No. 1954 dated April 9, 1992) 3. Signs painted on roof tops. 4. Banners or flags containing copy or logo, excluding the flags of any country, state city or school are prohibited in residential zones and on any residentially developed property except when flags are used as subdivision signs). Flags as described in SSec ion 1 3M. and Section 12.3P. will be permitted. (As amended by Ordinance No. 1888 dated July 11, 1991) 5. Signs and displays with flashing, blinking or traveling lights, or erratic or other moving parts either internal or external to the premise, and oriented and visible to vehicular traffic, provided that time and temperature signs are permissible if the maximum area and setback requirements of this section are met and if the commercial information or content of such signs is restricted to no more than 8 square feet. 1 I Zoning Ordinance Page 12 - 8 c r , 6. Any signs which are intended to o � r desi ned� to resemble traffic sins or signals and bear such words as "stop", "slow", caution , danger warning , or other words, and which are erected for purposes other than actual traffic control or warning to the public. 7. Any sign which emits sound, odor or visible matter. 8. Banners are prohibited in residential zones and on any residentially zoned property. Banners will be treated as attached or freestanding signs, as applicable, when used on commercial or industrial properties. (As amended by Ordinance No. 1888 dated July 11, 1991) P. EXEMPT SIGN: The following signs are exempt from the requirements of this chapter: 1. Signs that are not easily read from beyond the boundaries of the lot or parcel on which they are located or from any public thoroughfare or traveled right- of -wa. Such signs are not exempt from the safety regulations contained herein and in Ci y building and electrical codes. 2. Official notices posted by government officials in the performance of their duties; government signs controlling traffic, regulating ublic conduct, . identifying streets, or warning of danger. (Bulletin boards or identiTication signs accessory to government buildings or other buildings are subject to the provisions of this chapter.) 3. Temporary signs erected by private property owners for the purpose of warning of a dangerous defect or condition, or other hazard to the public. 4. Non - commercial signs on private property or works of art that in no way identify, or advertise a product or business, or by their location and placement impede traffic safety. (As amended by Ordinance No. 1954 dated April 9, 1992) 5. Temporary decorations or displays, if they are clearly incidental to and are customarily and commonly associated with any national, local or religious celebration. 6. Temporary or permanent signs erected by public utilities or construction companies to warn of the location of pipelines, electrical conduits, or other dangers or conditions in public rights -of -way. 7. Signs that are displayed on motor vehicles that are being operated or stored in the normal course of a business, such as signs indicating the name or the type of business, that are located on moving vans, delivery trucks, trailers and other commercial vehicles; but only if the primary purpose of such vehicles is not for the display of the signs thereon, and only if such vehicles are parked or stored in areas appropriate to their use as commercial or delivery vehicles, such as service areas or locations close to the business building(s) away from public traffic areas. 8. Signs carried by a person and not set on or affixed to the ground. 9. Outdoor advertising display signs for sponsors of charitable events held on public properties. These signs may be dispplayed for the duration of the event or not more han 3 days with approval of the Cify Manager. 10. Flags used as political symbols being the United States and Texas flags only. 11. Flags used solely for decoration and not containing any copy or logo and located only in multi - family, commercial and industrial districts or developments. In multi - family developments, such flags will be restricted to twenty five (25) square feet in area, M feet in height, and the number shall be restricted to no more than 12 flags per building plot. (As amended by Ordinance No. 1888 dated July 11, 1991) 1 I Zoning Ordinance Page 12 - 9 1 ' 12. Balloons and /or other gas filled objects located in any zoning district; which balloon and /or gas filled object shall not exceed twenty (20) feet in height and shall not contain or display any logo but shall be used soleI for decorative u ses. (As amended by Ordinance No. 1676 dated September 11, 1 86 Q. FUEL PRICE SIGN: Service stations will be allowed one sign er site, the area of which shall not exceed 16 square feet and will not be included in the allowable area of any freestanding sign. This sign cannot be located within the right -of -way. R. STRUCTURAL REQUIREMENTS: 1. A building permit shall be required in addition to any permit under this section, in accordance with the provisions of the College Station Building Code. The provisions of this ordinance shall control over the provisions of the Building Code only where clearly inconsistent therewith. 2. Abandoned, Damaged, or Unsafe Signs: (a) The provisions of this section shall apply when in conflict with the provisions of the Building Code, but where the provisions of both ordinances are not inconsistent, the enforcement of either shall be permissible and remedies or penalties cumulative. (b) All abandoned signs and their supports shall be removed within 60 days from the date of abandonment. All damaged signs shall be repaired or removed within 60 days. The Zoning Official shall have authority to rant a 30 day time extension where he determines there is a reasonable necessity for same. (c) Discontinuance of use or removal of any non - conforming sign or any sign in connection with a non - conforming use shall create a presumption of an intent to abandon said sign. A non - conforming sign that is damaged and not repaired within sixty (60) days shall be presumed tole abandoned. S. MISCELLANEOUS REGULATIONS: 1. No sign shall be placed in a City of College Station drainage or utility easement unless approval is granted by the City Engineer. Location in an easement shall be subject to a written agreement entered into by all parties involved. Any damage to or relocation of signs located in easements because of the City's use of the easement shall be the responsibility of the owner of the sign. The City when possible, shall give the owner prior notice of the use of the easement which will affect the sign. This is also applicable to all exempt signs. 2. Signs may be internally or externally lighted as long as the light is so designed as to be shielded away from, adjoining residential premises and does not impair drivers' visibility on adjoining rights of way. T. AMORTIZATION AND ABATEMENT OF NON - CONFORMING SIGNS: 1. The following typpees of signs shall become non - conforming upon passage of this section, and shall be brought into compliance or removed within b months of the date ' of this ordinance: Prohibited signs as defined in Section 12.0. (As amended by Ordinance No. 1954 dated April 9, 1992) t I Zoning Ordinance Page 12 - 10 t 12.4 VARIANCES A. GENERAL PROVISIONS: The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this section. For the granting of a variance, a favorable vote of no less than 4 of 5 members of the Zoning Board of Adjustment shall be necessary. The Board shall be authorized to grant a variance from the terms hereof if and only if, they find that the strict enforcemenf of this section would create a substantial hardship to the a plicant, by virtue of unique special conditions not generally found within the City, and Fiat the granting of the variance would preserve the spirit and intent of the Ordinance, and would serve the general interests of the public and the applicant. (As amended by Ordinance No. 1954 dated April 9, 1992) 1 t L� 1 1 1 1 t I Zoning Ordinance Page 12 - 11 ALOWABLE AREAS FOR FREESTANDING SIGNS FRONTAGE MAX.AREA' (FEET) (SS. FT.) 0 -50 25 51 -100 50 101 -150 75 151 -200 100 201 -250 125 251 -300 150 301 -350 175 351 -400 200 401 -450 225 451 -500 250 501 -550 275 551 -600+ 300 NOTES TABLE I 1. FRONTAGE - the number of feet fronting on a public street to which a sign is oriented. 2. AREA - the area in square feet of a single face sign, or (1) side of a double face sign, or half the sides of a multi -face sign. 3. The area of a freestanding sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contain all extremities, exclusive of supports, of a horizontal view of the sign. 4. The maximum area of any freestanding sign may not exceed either that allowed by the chart above or the square of (1 /6) the distance in feet from the base of the sign to the curb or pavement edge of the frontage street, whichever is greater. •5. On comer lots, the frontage street shall be the greater street as classified on the throughfare plan. Where two streets are the same, the applicant may choose the frontage street. ALLOWABLE HEIGHTS FOR FREESTANDING SIGNS (Distance from curb/ pavement edge in feet) AT LEAST LESS THAN HEIGHT 10 15 4.5' 15 20 8.0' 20 25 1 1.0' 25 30 14.0' 30 35 16.0' 35 40 19.0' 40 45 21.0' 45 50 23.0' 50 55 26.0' 55 60 29.0' 60 65 31.0' 65 70 34.0' 70+ 35.0' 100+ '50.0' NOTES 1. DISTANCE FROM CURB - the distance in feet from the curb or pavement edge to the nearest part of the sign. 2. HEIGHT - height of the sign measured from the elevation of the curb or pavement edge. 3. No freestanding sign shall exceed 35' in height except as in No. 5 below. 4. On corner lots only, the frontage street (as defined in No. 4. above) can be used to determi:i height and area. '5. Tracts zoned C -1. C -2. C -3, M -1 & M -2 with a mini- mum 100' of frontage on S.H.6 East Bypass may have a sign up to a maximum of 50' in height with a minimum distance from the right -of -way of 100'. The sign shall not be closer than 200' to any property zoned R -1. R- IA, R -2 or R -3. Zoning Ordinance Page 12 - 12 TABLE II Summary of Sign Regulations Sign Permitted Maximum Maximum Number Permit Classification District Area Height Setback Allowed Required Subdivision all 150 sf Area I.D. all 16 sf Apt. /Condo /MH R- 4,R- 5,R- 6,R -7' 100 sf Development all 35 sf on 50' ROW (Project) 65 sf on 60' ROW Development (Subdivision) Traffic Control Real Estate 15' 10' from ROW 1 4' 4' from curb 1 /curbcut 8' 10' from ROW Sec.12.3.G Finance/ 8' 10' from ROW 3 eonst. Construction 1 Finance Political all See Table 1 10 ' from curb n/a if area > 2 sf Roof shall be treated as commercial freestanding sign Freestanding A -P 100 sf 10' 10' from ROW 1 /premise if > 2 acres Freestanding C -1, C -2, C -3, M -1 ,M -2 See Table 1 Sec.12.3.K Low Profile A -P, C -2, C -3, 60sf 4' 10' from ROW Sec.12.3.K Attached Sec. 12.3.1, Exempt Sec. 12.3-P Prohibited Sec. 12.3.0 • Refer to Sec. 12.3.C. (As amended by Ordinance No. 1695 dated February 12, 1987) 150 sf on 70' ROW 250 sf on >70' ROW all same as above R -4, R -5, R -6, A -P, 3 sf C -1, C -2, C -3, M -1, M -2 all <150' frontage -16sf > 150' frontage -32 sf alI < 150' frontage -16 sf > 150 'frontage -32 sf 15' 10' from ROW Sec-12.3..B yes 4' 10' from ROW Sec. 12.3.B yes 10' 10' from ROW 1 /project• yes 15' 10 ' from ROW 1 yes yes no no no no yes yes yes yes Zoning Ordinance Page 12 - 13 SIGN AREA r Y- -�j SIGN (X) (Y) - / MINIMUM CONDITIONS FOR MORE THAN ONE FREESTANDING SIGN street ® m e _ � o ® e Prope Lin 1000' MIN. z Isign : � E �Sign 0 I (n 0 I Zoning Ordinance Page 12 - 14 Curb Line � < ee"- < .V� eO� �°ll V �' �Y r� X he a sk � FREESTANDING (X)(Y)—AREA SIGN e� Curb Line e le ss ed owl Aro S�r 0 1 ' 70 ' Y S �j � b X \ 'I 4' MAX. LOW P 1A FI LE- SIGN (X) (Y),< 6 0 SQ. FT. Zoning Ordinance Page 12 - 15 ROOF TYPES Am Ri Li Eave Line uio MANSARD Deck GAMBREL Zoning Ordinance Page 12 - 16 SHED t SECTION 13. DUTIES AND LE IITATIONS OF THE ZONING OFFICIAL 13.1 The Zoning Official shall have the power to make inspections of buildings and premises ' to carry out his duties herein. 13.2 The Zoning Official shall examine all Building Permit applications and shall certify that the proposed construction, moving, alteration, or use of land either does or does not comply with the provisions of this ordinance. 13.3 The Zoning Official shall not grant an exception to the actual meaning of any clause, order or regulation contained in this ordinance to any person making application for a building permit. 13.4 The Zoning Official shall not make changes in this ordinance or vary the terms of this ordinance in carrying out his duties as Zoning Official. 13.5 The Zoning fficial must certify all Certificates of Occupancy prior to issuance by the Building Off facial. 13.6 The Zoning Official shall perform the duties imposed under the provisions of the College Station City Code, as amended from time to time. 13.7 The Zoning Official shall interpret and apply this . ordinance. If the Zoning Official determines that the meaning of a word or provision is unclear, or that its apprication to a particular circumstance is uncertain, or upon written request for an interpretation by an interested party, the Zoning Official shall prepare a written interpretation or determination setting forth the reasons and explanation therefor, and shall forward same to the pity Attorney. Unless the interpretation or determination of the Zoning Official is subsequently revised in writing b said official, or modified by amendment of this ordinance the City Council, the determination shall be conclusively presumed to be correct thereafter. In the event of an appeal from such determinaflon by the ' Zoning Official under Section 15, the decision o the Zoning Board of Adjustment shall be forwarded to the City Attorney. Determination of the board shall be conclusively resumed to be correct thereafter, unless modified by amendment of this ordinance by City Council. I Zoning Ordinance Page 13 - 1 13.8 The Zoning fficial shall investigate alleged violations of this ordinance, and shall conduct an organized effort to inspect visually the appearance of all uses within the City. If a violation or suspected p violation is found, enforcement efforts will be undertaken by such official, including one or more of the following: A. The Zoning Official shall forego criminal prosecution for a reasonable time in an effort to secure voluntary compliance. B. The Zoning Official may file a complaint with the College Station Municipal Court whenever such official has probable cause to believe that a violation of this ordinance has occurred or is occurring. The Zoning Official shall not seek or obtain a warrant resulting in the arrest of any person unless actual danger to the safety of a person or property of the public currently exists or unless the person fails to sign a citation pursuant to Sub - section (d). The Zoning Official may prepare a written notice to be delivered to a suspected violator prior to the filing of a misdemeanor complaint or shall prepare such written notice to a suspected violator simultaneously with the filing of a misdemeanor complaint. Such notice may be delivered in person or by certified mail to the suspected violator, or to an person in charge of the property where the violation is occurring. The Zoning Off cial may post such a copy in a conspicuous place on the property, and shall post such a notice in the event that a notice sent by certified mail is returned. Such notice shall be in writing include a statement of the reasons for its issuance, set forth the requirements of this ordinance which are applicable and which are suspected to be or to have been violated, and advise the person that a complaint has been filed, if such is the case, or of the date upon which a complaint will be filed. Such notice shall never be an element of any offense under this ordinance but the existence of actual notice to a person shall be relevant to and considered by the Court in assessing a fine upon conviction of any offense hereunder. I C. The Zoning Official, or duly designated representative, shall have the authority to i viP ritntinnc fnr the vinlntinn of a nrnvisinns of this ordinance. In the event that an individual signs a copy of the `citation given to him or her, he thereby acknowledges receipt of same and promises to contact the Municipal Court and arrange for the entry, of a plea and a hearing where necessary, within ten (10) days of the date of the citation. If the defendant shall not sign a citation, the Zoning Official shall proceed to prepare and file a formal complaint with the Judge of the Municipal Court, and shall seek the issuance of a warrant, delivering same to the appropriate law enforcement officer for the resulting arrest of the defendant. D. The Zoning Official shall be entitled to present to the Judge of the Municipal Court a sworn affidavit showing probable cause to believe that a violation of this ordinance has occurred or is occurring upon any premises, and to obtain the issuance of a warrant to enter and inspect such premises for evidence of violations. Except pursuant to a warrant, no non - consensual entry by such official shall be authorized as to any building or enclosed structure, or portion thereof, not then open to the public. E. The Zoning Official shall be entitled to request the filing of a petition for extraordinary relief in the a prohibitory ppropriate court, seeking a mandatory or I injunction; and upon reviewing such request in writing, setting forth specific facts and provisions of this ordinance or requirements imposed by site plan hereunder which are being iolated, the City Attorney shall proceed immediately to seek such relief, on behalf of the City and the Zoning Official. F. The utilization of a development agreement. Pursuant to an agreement for voluntary compliance in connection with a development agreement or otherwise, the Zoning Official may impose by mutual consent a civil penalty, which shall be paid to the I General Fund of the City. Zoning Ordinance Page 13 - 2 `r SECTION 14. CONDITIONAL USE PERMITS A Use Permit is a document authorizing the existence of a conditional use, as this term is 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 conditional uses. 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. 14.1 APPROVAL - RESPONSIBILITY A. The Commission shall have the responsibility for the consideration of Use Permits for F- conditional uses as enumerated in 8.12 after public hearing as defined herein. u 14.2 PROCEDURE r A. CONDITIONAL USES: The Commission may issue a conditional use permit authorizing a conditional use as enumerated in Sections 7 and 8.12 after an application `. has been filed with the City Planner and after a public hearing. The application shall be accompanied by a check made payable to the City of Collegge Station for a filing fee to be determined by the City Council. The filing fee shall not be refundable. If the hearing for a use permit is C � ppoostponed due to an action of an apppli can t, an additional fee as determined by the city Council will be required prior to establishing a new hearing date. Until all fees have been paid in full no action shall be taken on any appl filed or appeal. Such application may be filed at the time of application for Building Permit or may be prior to such application for Building Permit; however, it must be accompanied by a site plan showing the proposed use o the land and buildings and must show the surrounding land use in such detail as ' necessary to clarify the claims made in the application. The City Planner shall forward such information to the Commission with his recommendation. B. The applicant shall give public notice by p ublication in a local newspaper of general 1 circulation at lease fifteen (15) days prior fo a date set for a public hearing before the Commission. The CityPlanner shall notify all property owners of record two hundred (200) of the pro erty in question. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail at least ten (10) days prior to the date set for the public hearing. The City Planner shall also give a report and recommendation to the Commission on the date of hearing. (As amended by Ordinance No. 2285 dated December 11, 1997) C. 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: 1. That the proposed use meets all the minimum standards established in this ordinance for this type of use; 2. That the proposed use meets the purpose and intent of this ordinance and is in ' harmony with the development policies and goals and objectives as embodied in the Comprehensive Plan for Development of the City; and 3. 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. D. 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, additional landscaping, and additional improvements such as curbing, sidewalks and screening. Zoning Ordinance Page 14 - 1 E. An y person or persons, jointly or severally aggrieved by a decision of the Commission may present to the City Secretary an appeal, setting forth that such decision is unjust and /or was made in error, in whole or in part. The appeal must be in writing, must specify the grounds of injustice and /or the points on which the Commission erred and must 6e signed by the appellant(s). 1> Such appeal shall be presented to the City Secretary within ten (10) days after the final decision of the Commission and not thereafter. The City Secretary shall then schedule to a public hearin before the pity Council and shall notify all property owners within two hundred (200' feet of the subject property under appeal. This notice, in a form prepared b t]e City Planner, shall be served b ifs deposit in the municipality, t roperly addressed with postage paid, in United Staes mail and shall be given no later han ten (10) days prior o the date set for the public hearing. Notification, as prepared by the City planner, shall also be given by the City Secretary by publication in a local newspaper of general circulation a least fifteen (15) days pnor to the date set for the public hearing. (As amended by Ordinance No. 2285 dated December 11, 1997) The City Council shall hold a public hearing to consider the appeal and shall uphold the decision of the Commission as it was passed, overturn the decision of the Commission in its entirety or remand the case back to the Commission for reconsideration of certain and specific points. 14.3 RECORDING One (1) copy of an approved Use Permit shall be given to the owner of the property, and one (1) copy shall be filed in the office of the City Planner. 14.4 DEVELOPMENT Following the issuance of a Use Permit, the Zoning Official shall insure that if the development is undertaken it is completed in compliance with said permit. If the Buildin Permit has not been issued by the Building Official to the development within twelve (16 months after the date granted, the Use Permit is automatically canceled. The Zoning Official, upon approval by the City Planner, may extend the Use Permit for up to one (1) additional six- month period upon written request from the applicant, which must be received before the date of cancellation. 1 1 1 Zoning Ordinance Page 14 - 2 1r SECTION 15. SPECIAL EXCEPTIONS, VARIANCES, APPEALS, AND THE BOARD OF ADJUSTMENT 15.1 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 a ropriate cases and subject to appropriate conditions and safeguards, make special the terms of this zoning ordinance in harmony with its general purpose and intent and in accordance with general and specific rules herein contained. 15.2 POWERS AND DUTIES The Board of Adjustment shall have the following powers: A. To hear and decide appeals where it is alleged there is error in any order requirement, decision, interpretation, or determination made by the Zoning Official in the enforcement of this ordinance. B. 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. C. To hear and decide requests for special exceptions to: 1. Allow the substitution of one non-conforminK use for another non - conforming use when the extent of the substituted use is Tound to be less detrimental to the environment than the first. 2. Allow the enlargement of a buildin devoted to a non - conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a non - conforming use more than twenty -five percent f25 %) and does not prolong the life of the non - conforming use or prevent a return of such property to a conforming use. 3. Allow the reconstruction of a non - conforming structure or building on the lot or tract occupied by such building if the cost of reconstruction is less than sixty percent (60%) of the appraised value of the structure or building and if the reconstruction would not prevent the return of such property to a conforming use or increase the non - conformity of such non - conforming structure or building. D. To initiate on its motion, or cause to be presented by interested property owner, action to bring about the discontinuance of a non-conforming structure or use under an 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. E. 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 special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. F. To authorize upon appeal variances to the drainage ordinance, that when acting in this capacity the Zoning Board of Adjustments must have one of the alternates with an engineering background present during hearing of case. (As amended by Ordinance No. 2285 dated December 11, 1997) 1 Zoning Ordinance Page 15 - 1 r 15.3 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) ears, except that two (2 members appointed initially sha71 have terms of only one (1� year. Ater the initi appointmenfs, two � 2 members shall be appointed in odd numbered years to maintain a membership of five 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 whose term becomes vacant. However the City Council may provide for the appointment of four (4) alternate members of the hoard of Adjustment who shall serve in the absence of one (1) or +■ more regular members when requested' to do so. Two (2) of the alternate members must be licensed engineers in the State OT Texas. 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 +r be filled in the same manner and shall be subject to removal as the regular members. (As amended by Ordinance Mo. 2285 dated December 11, 1997) 15.4 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 witnesses. All meetings of the Board shad be open to the public. The Board shall keep minutes of its proceedings, showing the vote, indicating such act, 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 Planner) and shall be a public record. 15.5 APPEALS Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department board commission, or committee of the City affected by an decision of the Zoning Official. Such ap eal shall be made within thirty (30) days of y the date of the notification b filing withhe Zoning Official and with the Boardd of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Board alI the papers constituting the record of the action appealed. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning 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 proceedings - shall not be stayed otherwise than by a restraining order which may be ranted by the Board of Adjustment or by a court of record on application on notice to the oficer from whom the appeal is taken and on due cause shown. The Board of Adjustment shall hear the apt within sixt (60) da s of the date of the appeal application or such extension as requested 'b the applican% give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. > Jl5on the hearing any party may appear in person or by agent or by attorney. 15.6 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 requirement, decision or determination appealed 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 Zoning Official from whom the appeal is taken. 1 I Zoning Ordinance Page 15 - 2 N r 15.7 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 Zoning Official, to decide in favor of the applicant or any variation in this ordinance. 15.8 APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons or py taxpayer or any officer, department, board, commission or committee of the City, jointly or severally, aggrieved by an 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. 1 it J 1 1 t 1 1 Zoning Ordinance Page 15 - 3 t too SECTION 16. RESPONSIBILITIES OF THE COMNUSSION, ZONING OFFICIAL, BOARD OF ADJUSTMENT, AND THE CITY COUNCIL 16.1 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 8.12. The Commission has no authority to approve variances from the requirements of this ordinance unless specifically authorized in other sections of this ordinance. Requests for variances shall be presented to the Zoning Official and if within the province of Section 15, requests shall be sent to the Board of Adjustment for hearing. 16.2 The Zoning Official is charged with the interpretation and enforcement of this ordinance. Appeals of decisions of the Zoning Official shall be presented to the Zoning Official who forward such appeals with all pertinent information to the Board of Adjustment for hearing. 16.3 The Board of Adjustment shall hear and decide all questions a Baling decisions of the Zoning Official and all other questions as provided in Section 15. 16.4 The City, Council has sole responsibility for changes in the Zoning Ma and changes in the Zoning 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 Cityy� Council shall also have the responsibility of appointing the Planning and Zoning Commission and the Board of Adjustment. 1 1 1 I Zoning Ordinance Page 16 - 1 Ira SECTION 17. AMENDMENTS 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 an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all amendments to be in accordance with a comprehensive plan. 17.1 AMENDMENT LIIVIITATION Subject to the limitations of the foregoing Statement of Intent, an amendment to this ordinance 1 may be initiated by: 1. City Council on its own motion; 2. The Planning and Zoning Commission; or 3. Petition. 17.2 REFERRAL OF AMENDMENT PETITION TO COMMISSION The City Planner, upon receipt of petition to amend the ordinance, 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. 17.3 ACTION BY THE COMMISSION The Commission shall cause a complete study to be made by the City Planner, shall give ' public notice and hold a public hearing and shall recommend to the Council such action as the Commission deems proper. 17.4 PUBLIC HEARING AND NOTICE THEREOF 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. A. Publication of the notice shall be the responsibility of the City Planner. ' B. Notice of the proposed zoning change shall also be made by the City Planner by mailing notification which shall be served by its deposit in the municipality, properly addressed with postage paid, in United States 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. (As amended by ordinance No. 2285 dated December 11, 1997) J 1 I Zoning Ordinance Page 17 - 1 r 6 L 17.5 ACTION BY THE COUNCIL The City Council shall give public notice and hold a public hearing before taking final action of a petition to amend this ordinance, or an amendment on its own initiation or initiation by the Commission. 17.6 EFFECT OF PROTEST TO PROPOSED AMENDMENT r In case a protest against any proposed amendment to this ordinance is presented in writing to ` the City Secretary prior to the public hearing thereon duly signed by the owners of twenty percent (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 (3/4) L of all members of the Council. 1W 7.7 PROCEDURE FOR AMENDMENT PETITION An application for amendments to this ordinance shall be signed and filed with the City Planner. Such application shall be accompanied by a check made payable to the City of College Station for a filing fee to be determined by the City Council. Said filing fee shall not be refundable. If due to the action of the applicant, the hearing for a zone change is postponed, an additional fee shall be required as determined by the City Council to re- notify for the new hearing date. Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. A. CONTENTS OF PETITION: All petitions for amendments to this ordinance, without A limiting the right to file additional information, shall contain at least the following: 1. The petitioner's 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. 2. The nature and effect of the proposed amendment. 3. If the ro sed amendment would require a change in the Zoning Map, full P Po � g P� - Y 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 abutting Zoning Districts. (e) All public and private rights -of -way and easements bounding and intersecting the land under consideration. 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 proposed amendment. C Zoning Ordinance Page 17 - 2 5. The alleged error in this ordinance, which would be corrected by the proposed amendment, together with a detailed explanation of such alleged error in the ordinance, and detailed reasons as to how the proposed amendment will correct the same. 6. The changed or changing conditions, if any, in the area or in the municipality generally, that make the proposed amendment reasonably necessary. 7. Evidence that the petition is in accordance with the comprehensive plan. 8. All other circumstances, factors, and reasons which the applicant offers in support of the proposed amendment. 17.8 TIW LBUTATION 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 permission of the Commission or City Council, or upon initiation by the Commission or City Council. 1 1 t 1 !J 11 t I Zoning Ordinance Page 17 - 3 F� Vr SECTION 18. 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 submitted and approved hereunder, shall be guilty of a misdemeanor and be liable to a fine pursuant to the General Penalty set out in Chapter 1, Section ' of the Code of Ordinances of the City of College Station. The owner or any building halt be placed or shall exist, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. (As amended by Ordinance 2031 dated September 9, 1993) 1 1 1 1 1 'J 1 Zoning Ordinance Page 18 - 1 P s �4. SECTION 19. 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 witA 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 Zoning Official shall govern. C 1 I it 1 Zoning Ordinance Page 19 - 1 I SECTION 20. REPEAL OF CONFLICTING ORDINANCES OR ORDERS Ordinance No. 850 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. 1 1 1 � I F1 t fl c Zoning Ordinance Page 20 - 1 F'. 6 6 " SECTION 21. SEVERABILITY 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. 1 1 1 1 u Zoning Ordinance Page 21 - 1 1 t 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 22. EFFECTIVE DATE This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 13th day of March. 1986. ATTEST: DIAN JONES Dian Jones, City Secretary Zoning Ordinance APPROVED: GARY HALTER Gary Halter, Mayor Page 22 - 1 1 SECTION 23. MORATORIUM ON CERTAIN APPLICATIONS (As amended by Ordinance No. 2431 dated January 27, 2000) 1 I Fj f] 1 1 1 1 1� In addition to the other provisions of this ordinance, there is hereby established a moratorium on any zone change applications, variance applications, special exception applications and conditional use permit applications for any tract or parcel of land currently zoned for single family residential uses and located within the areas described in this section. No application for a zone Chan e, variance, special exception or conditional use for any tract or 3 arce of land currently zoned for sin le family residential uses for the areas set out in Section 3.2 shall be accepted by the City 61 College Station from the date this ordinance becomes effective through August 15, 2000. 23.1 EXPIRATION OF SECTION This section and the moratorium on applciations hereby established shall expire on August 15, 2000. 23.2 The moratorium on applications by this section shall be limited to the following areas: Area A — An area bounded by Texas Avenue, Holleman Drive, Glade Avenue, Southwest Parkway, Wellborn Road and George Bush and reflected in Illustration A below. I Zoning Ordinance Page 23 - 1 Illustration A I Area B — An area bounded by Texas Avenue, University drive, Tarrow Street Lincoln Avenue, University Drive, the Earl Rudder Freeway and Harvey Road and reflected in ' Illustration B below. 1 1 1 t 1 1 F, 1 Fi 11' 1 Illustration B I Zoning Ordinance Page 23 - 2 irr C 1 1 1 1 t 1 ZONING ORDINANCE AMENDMENTS ORD # DATE SECTION DESCRIPTION 1676 9/11/86 12.3 Amend Freestanding Signs 1676 9/11/86 12.3 Amend Exempt Signs (Balloons) 1695 2/12/871 12 Amend Sign Regulations Table for "Apartment/Condo /Mobile Home Park 1695 2/12/871 12.2 Amend "Apartment/Condominium /Mobile Home Park Identification Sign" Definition 1695 2/12/871 12.3 Amend "Apartment/Condominium /Mobile Home Park Identification Sign" Definition 1702 4/23/87 12.2 Amend "Development Sign" Definition 1702 4/34/87 12.3 Amend Development Sign General Provisions 1712 6/25/87 8.12 Add "Public or Private Parking Lot and Any Related Accessory Uses" 1732 11/14/88 7.10 Amend Conditional Uses Permitted 1732 1/14/88 7.11 Amend Conditional Uses Permitted 1732 1/14/881 7.12 Amend Conditional Uses Permitted 1732 1/14/88 7.15 Add "Restaurants, at a Maximum of 1500 Sq. Ft" to Conditional Uses Permitted 1732 1/14/88 7.16 Add "Funeral Homes" to Conditional Uses Permitted 1732 1/14/88 7.17 Add "Funeral Homes" to Conditional Uses Permitted 1736 1/28/88 7.11 Include Lots 1 -6 & 22, Block 11, Boyette Subdivision 1764 7/14/88 7.11 Create Landscape Requirements 1781 10/13/881 9.2 Add "Temporary Parking Lots" 1783 11/10/88 9.2 Off - Premise Parking 1797 1/26/89 1.2 Statutory Authority for Changes to Official Zoning Map 1800 2/9/89 9 Amend Minimum Parking Requirement Table for "Motion Picture Houses" 1819 9/14/89 1.1 Add District WPC Wolf Pen Creek Development Corridor to District List 1819 9/14/89 7.21 Create District WPC Wolf Pen Creek Development Corridor 1851 5/24/90 2 Create "Country Club" Definition 1854 7/26/901 2 Create "Group Housing" Definition 1854 7/26/90 7.7 Amend Conditional Uses Permitted to include "Group Housing" 1854 7/26/90 7.8 Amend Conditional Uses Permitted to include "Group Housing" 1854 7/26/90 7.13 Add "Group Housing" to Conditional Uses Permitted 1854 7/26/90 9 Amend Minimum Parking Requirement Table for "Group Housing" 1859 9/13/90 2 Amend "Dormitory" Definition 1876 12/13/901 11.2 Amend "Existing Tree" Definition 1888 7/11/911 12.3 Amend "Flags" Definition 1888 7/11/91 12.3 Amend Prohibited Signs (Banners /Flags) 1888 7/11/91 12.3 Amend Prohibited Signs (Banners) 1888 7/11/91 12.3 Amend Exempt Signs 1904 9/12/91 7.22 Amend Sign Regulations for District C -B Business Commercial 1905 9/12/91 7.10 Add "Small Recycling Collection Facilities" to Permitted Uses 1905 9/12/91 7.10 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 7.11 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 7.12 Add "Small Recycling Collection Facilities" to Permitted Uses 1905 9/12/91 7.12 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 7.13 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 7.14 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 7.15 Add "Large Recycling Facilities" to Conditional Uses Permitted 1905 9/12/91 8.18 Create "Recycling Facilities 1926 11/20/91 8.19 Create "OV Corridor Overlay District 1954 4/9/92 12.2 Distinguish between Commercial and Non - Commercial Sign 1954 4/9/92 12.2 Distinguish between Commercial and Non - Commercial Sign 1954 4/9/92 12.3 Amend Prohibited Signs 1954 4/9/92 12.3 Distinguish between Commercial and Non - Commercial Sign 1954 4/9/92 12.3 Amend Political Sign General Provisions 1954 4/9/92 12.3 Amend Exempt Signs 1954 4/9/92 12.3 Amend Non - Conforming Signs 1954 4/9/92 12.4 Amend Variances Page 1 e C C 1 1 11 1 s u C ORD # DATE SECTION DESCRIPTION 1968 8/13/92 9 Amend Minimum Parking Requirement Table for "Medical or Dental Clinics 2002 2/25/93 9 Amend Minimum Parking Requirement Table for "Veterinarian Clinics" 2029 8/26/93 2 Amend 'Restaurant' Definition 2029 8/26/93 2 Create 'Restaurant - Fast Food" Definition 2029 8/26/93 7.13 Add "Sexually Oriented Commercial Enterprises" to Conditional Uses Permitted 2029 8/26/93 7.13 Add "Sexually Oriented Commercial Enterprises" to Conditional Uses Permitted 2029 8/26/94 9 Amend Minimum Parking Requirement Table for " Restaurants" 2029 8/26/93 10.2 Requirements for Sidewalks 2029 8/26/93 10.2 Requirements for Screening Dumpsters 2029 8/26/93 10.2 Requirements for Streetscape Plan 2031 9/9/93 18.1 Amend Penalty Section 2068 5/26/94 2 Create "Telecommunication Tower, Commercial' Definition 2068 5/26/94 7.1 Establish Use Regulations for Telecommunication Towers 2068 5/26/94 7.12 Add "Telecommunication Towers" to Conditional Uses Permitted 2068 5/26/94 7.16 Add "Telecommunications Towers" to Conditional Uses Permitted 2068 5/26/94 7.17 Add "Telecommunications Towers" to Permitted Uses 2097 11/10/94 9.2 Amend Off - Street Parking 2097 11/10/94 10.2 Requirements for Trash Receptacles 2097 11/10/94 10.2 Project Review Committee Discretion for Tree Requirements 2097 11/10/94 11.11 Amend Plant List 2097 11/10/94 11.4 Amend Site Plan Requirements 2097 11/10/94 11.5 Amend Landscape Requirements 2097 11/10/94 11.5 Amend Landscape Requirements 2139 7/13/95 7.4 Amend Parking Requirements regarding Provisions 2139 7/13/95 7.4 Amend District R -2 Duplex Residential to include Landscaping Requirements 2139 7/13/95 8.3 Amend Number of Parking Spaces for Northgate Districts 2139 7/13/95 9 Amend Minimum Parking Requirement Table 2139 7/13/95 11.1 Amend Landscaping Requirements 2151 10/12/95 8.19 Amending Certain Overlay District Provisions 2165 1/25/96 7.1A Create District A -OR Rural Residential Subdivision 2165 1/25/96 7.1 B Create District A -OX Existing Rural Residential 2180 5/23/96 7.23 Create District R &D Research & Development and Light Industry 2183 6/13/96 1.1 Add District A -OX (Existing Rural Residential) to District List 2183 6/13/96 1.1 Add District NG Northgate (and sub - districts) to District List 2183 6/13/96 7 Amend Table A 2183 6/13/96 7.24 Create District NG Northgate 2204 8/29/96 2 Amend "Night Club" Definition 2204 8/29/96 7.15 Amend Purpose for C -3 Planned Commercial 2204 8/29/96 7.15 Amend Permitted Uses for C -3 Planned Commercial 2204 8/29/96 7.15 Add 'Restaurants" to Conditional Uses Permitted 2211 9/26/96 2 Create "HUD -Code Manufactured Home" Definition 2211 9/26/96 7.1 Amend "Permitted Uses" for District A -O Agricultural -Open 2211 9/26/96 7.1 B Amend "Permitted Uses" for District A -OX Existing Rural Residential 2211 9/26/96 7.9 Amend Purpose for District R -7 Mobile Homes 2211 9/26/96 7.9 Amend Permitted Uses for District R -7 Mobile Home 2211 9/26/96 7.9 Amend Area Requirements for District R -7 Mobile Home 2211 9/26/96 7.9 Amend Parking Requirements for District R -7 Mobile Home 2211 9/26/96 7.9 Amend Landscaping Requirements for R -7 Mobile Home 2214 10/10/96 7.21 Amend Review Process for WPC Wolf Pen Creek Development Corridor 2220 11/20/96 7.22 Amend Purpose for District C -B Business Commercial 2226 12/12/96 9.2 Amend "Surfacing" 2226 12/12/96 9.2 Amend "Non- Public, All Weather Drive Surfaces" 2226 12/12/96 9.2 Amend "Temporary Parking Lots" 2257 8/12/97 2 Define: "Manufactured Home Lot' and "Manufactured Home Park" 2257 8/12/97 7.1 Amend Permitted Uses Page 2 1 Ll 1� 1 C' I I t F;11 C ORD # DATE SECTION DESCRIPTION 2257 8/12/97 7.1 Amend Permitted Uses 2257 8/12/97 7.9 Amend District R -7 Manufactured Home Park 2257 8/12/971 9.3 Add "Manufactured Home" and "Mobile Home" to Minimum Off - Street Parking Table 2273 10/23/97 10 Amend Site Plan Review Requirements (entire section) 2285 12/11/97 10.4 Amend Publication and Notification Requirements 2285 12/11/97 14.2 Amend Publication and Notification Requirements 2285 12/11/97 14.2 Amend Appeals Requirements 2285 12/11/97 15.2 Amend Appeals to Drainage Ordinance Section 2285 12/11/97 15.3 Amend Organization of Board 2285 12/11/97 17.4 Amend Public Hearing and Notice Requirements 2288 12/11/97 2 Define: "Antenna ", "Attached Wireless Telecommunication Faility ", "Collocation ", "Direct - to -Home Services ", "Service Provider ", "Stealth Technology or Facility ", "Transmission Tower", and "Wireless Telecommunication Facility (WTF) 2288 12/11/971 2 Delete "Telecommunications Tower, Commercial" 2288 12/11/97 7.1 Amend Conditional Uses Permitted 2288 12/11/97 8.2 Create Wireless Telecommunications Facilities Section 2297 1/7/98 7.25 Create District PDD - Planned Development District 2316 3/12/98 7.22 Delete Prohibited Uses 2316 3/12/98 7.22 Amend Conditional Uses Permitted 2317 3/12/98 2 Add Landscape Definitions 2317 3/12/98 7.4.E Amend Parking Requirements for District R -2 Duplex Residential 2317 3/12/98 8.19.F Amend to read "Reserved" 2317 3/12/98 9.2 Amend Off - Street Parking Spaces Required 2317 3/12/98 11 Amend Entire Section 2356 10/22/98 2 Amend PRC Definition; Add "Animal Care Facilities ", "Veterinary Hospital" Definitions 2356 10/22/98 7.3A Create R -1 B District (larger lots) 2356 10/22/98 7 Amend Table A (add R -1 B) 2356 10/22/98 7.12 Amend Conditional Uses Permitted to include "Veterinary Hospitals" 2356 10/22/98 7.13 Amend Permitted Uses to include "Veterinary Hospitals" 2356 10/22/98 7.22 Amend Permitted Uses to include "Veterinary Hospitals" 2356 10/22/981 7.13 Amend Conditional Uses Permitted to include "Animal Care Facilities" 2356 10/22/98 7.14 Amend Permitted Uses to include "Animal Care Facilities" 2356 10/22/98 8.12 Amend Conditional Uses to Include Paragraph for "Temporary Retail Sales of Concrete Products" 2431 1/27/00 23 Create Section 23 - Moratorium on Certain Applications; Expiration Date, Designating Moratorium Areas 2432 1/27/00 8.4 Amend to include "Number of Principal Structures on a Lot or Building Plot" 2432 1/27/00 8.21 Create "Neighborhood Preservation Overlay" Page 3