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HomeMy WebLinkAbout2009-3209 - Ordinance - 09/24/2009ORDINANCE NO. 3209 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE ", SECTIONS 7.1 I.B. "CATEGORIES OF OUTDOOR STORAGE AND DISPLAY" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance ", Section 7.11.13, " Categories of Outdoor Storage and Display ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: Should any part of this ordinance be held illegal or invalid for any reason, the holding shall not affect the remaining sections or portion of sections or provisions of this ordinance. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty -Five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 24th day of September, 2009. APPROVED: MAYOR ATTEST: Nw tt i Ciiy Secretary APPROVED: CityAttoiney Ordinance No. 3209 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance ", Section 7.11.13 "Categories of Outdoor Storage and Display ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending subsection 1, "Outdoor Display ", subsection 2, "Permanent Outdoor Sales Area ", and subsection 4, "General Outdoor Storage" to read as follows: B. Categories of Outdoor Storage and Display 1. Outdoor Display Outdoor display is display of items actively for sale or rent. Outdoor display shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall. In lieu of this requirement, a business may obtain site plan approval for outdoor display areas adjacent to the principal building's public entry fagade. Such areas shall not exceed ten percent (10 %) of the total gross floor area of the principal structure or 2,500 square feet, whichever is less. Such storage shall not be permitted to block windows, entrances, or exits, and shall not restrict pedestrian or vehicular circulation, access, and parking. 2. Permanent Outdoor Sales Areas Merchandise may be stored or displayed on site for sale to customers. Permanent outdoor sales areas shall be enclosed by a minimum six -foot screen or wall. Such areas shall not exceed 2,500 square feet or ten percent (10 %) of the total site area, whichever is less. Permanent outdoor sales areas must comply with district setback requirements. Such areas may not interfere with parking and parking lot requirements. Permanent areas open to the public for the display and /or sale of merchandise shall be shown on a site plan and will be included in parking requirement calculations. 3. Temporary Outdoor Sales and Storage Temporary Outdoor Sales Areas, including sales tents, may be displayed for a two -week period in a calendar year. Such areas shall be clearly defined and shall not interfere with parking lot requirements. Christmas trees may be displayed for sale from November 15 to December 31. 4. General Outdoor Storage Outdoor storage consists of all remaining forms of outdoor storage not classified above. Outdoor storage visible to the public right -of -way or adjacent properties is allowed so long as it is completely screened from view outside the site by a solid wall or fence at least six feet in height. Except for developments in the M -2 district, outdoor storage shall not exceed the height of required screening. Outdoor storage shall not be allowed within a required front setback.