HomeMy WebLinkAbout2010-3280 - Ordinance - 09/09/2010ORDINANCE NO. 2010-3280
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 3.3A.1.c, "EXEMPTIONS FROM SUBDIVISION PLAT REQUIREMENT," SECTION
3.3A.2.B, "EXEMPTIONS FROM DEVELOPMENT PLAT REQUIREMENT," SECTION 6.2.C, "USE
TABLE," SECTION- 7.4.E, "EXEMPT SIGNS," SECTION 7.6.13, "APPLICABILITY," SECTION
7.9.A, "APPLICABILITY," SECTION 7. 10, "OUTDOOR LIGHTING STANDARDS," AND SECTION
11.2, "DEFINED TERMS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE
STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A
SEVERABIL,ITY 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 3.3A.1.c, "Exemptions
from Subdivision Plat Requirement," Section 3.3A.2.b, "Exemptions from Development
Plat Requirement," Section 6.2.C, "Use Table," Section 7.4.E, "Exempt Signs," Section
7.63, "Applicability," Section 7.9.A, "Applicability," Section 7. 10, "Outdoor Lighting
Standards," and Section 11.2, "Defined Terms," of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A," Exhibit "B," Exhibit "C,"
Exhibit "D7" Exhibit "E9" Exhibit "F7" Exhibit "G>" and Exhibit "H>" attached hereto and
made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provi-
sions or sections of this ordinance, which shall remain in frill force and effect.
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 9th day of September, 2010.
APPROVED:
ZCtjvv~, ( Sri
MAYOR U
ATTEST:
- 1 1, 1 , 4
4 , /
City Secretary
APPRO~
C, A Forney `
ORDINANCE NO. 2010-3280 Page 2
EXHIBIT "A"
That Chapter 12, "Unified Development Ordinance," Section 33.A. Lc, "Exemptions from Subdivision
Plat Requirement", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to
read as follows:
3.3 Plat Review
A. Applicability
1. Subdivision Plat Required
C. Exemptions from Subdivision Plat Requirement
The following subdivisions are exempt from the Subdivision Plat Requirements:
1) A division of land into parts greater than five acres, where each part
has access and no public improvement is being dedicated;
2) Division of property that results from a governmental entity's land
acquisition for public facilities such as expansion of street right-of-
way; or
3) Any lot or lots forming a part of a subdivision created and recorded
prior to July 15, 1970, the effective date of the City of College Station
Subdivision Regulations, or prior to the date in which the Subdivision
Regulations applied to the property through extension of the City of
College Station extraterritorial jurisdiction.
4) A division of land performed by a Political Subdivision of the State.
Such entities that choose to plat voluntarily shall comply with all of the
applicable requirements.
EXHIBIT "B"
That Chapter 12, "Unified Development Ordinance," Section 3.3.A.2.b, "Exemptions from Development
Plat Requirement", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to
read as follows:
3.3 Plat Review
A. Applicability
2. Development Plat Required
b. Exemptions from Development Plat Requirement
The following developments are exempt from this Section:
1) When an applicant is required to file a Preliminary or Final Subdivision
Plat pursuant to other requirements of this Section, a Development
Plat is not required in addition to the Subdivision Plat.
2) The development of a tract of land within the City limits or the
extraterritorial jurisdiction (ETJ) of the City of College Station that
meets all of the following criteria is not required to file a Development
Plat:
(a) The tract is at least five (5) acres;
(b) The tract has access; and
(c) The development is a single-family home for the use of the
property owner or a member of the property owner's family, an
ORDINANCE NO. 2010-3280
Page 3
accessory structure(s) of the home, and/or an accessory
structure(s) for the benefit of agricultural uses.
3) Development by a Political Subdivision of the State. Such entities that
choose to plat voluntarily shall comply with all of the applicable
requirements.
4) The Administrator may waive the requirement for a Development Plat
within the City limits when no parkland, infrastructure, or easement
dedication is required on the subject tract.
EXHIBIT "C"
That Chapter 12, "Unified Development Ordinance," Section 6.2.C, "Use Table", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
6.2 Types of Use
C. Use Table
Except as otherwise specifically provided herein, regulations governing the use of land
and structures with the various zoning districts and classifications of planned
developments are hereby established as shown in the following Use Table.
1. Permitted Uses
A "P" indicates that a use is allowed by right in the respective district. Such uses
are subject to all other applicable regulations of this UDO.
2. Permitted Uses Subject to Specific Standards
A "P*" indicates a use that will be permitted, provided that the use meets the
provisions in Section 6.3, Specific Use Standards. Such uses are also subject to all
other applicable regulations of this UDO.
3. Conditional Uses
A "C" indicates a use that is allowed only where a conditional use permit is
approved by the City Council. The Council may require that the use meet the
additional standards enumerated in Section 6.2, Specific Use Standards.
Conditional uses are subject to all other applicable regulations of this UDO.
It
c~
O
00
N
r1
I
0
0
N
zz
w
U
O
N
v
s-
c
a~
g
0
z
W
_CO
w
_w
M,
-
*.v£-JN
a
a- a-
a
I a
a n 7
-
L
- o- CL
Z-JN
a. a.
CL n
a. a, a. a.
a. a- IL
**VON
a. 0_.
CL 0-
a, a. a. a.
a. a. CL
OdM
a
v a
LL a. a_ a.
a. 0-
I
IL a
a-
a.
a.
a.
a.
a.
a.
a.
a.
a.
a.
a
a a a
a
0
a
0
- - -
.
_
-
~
o
**anW°d
a a
a n
a
a n
a_
a. a_ a. a. 0-
a_ 0-
-
o,LO
L'21
a a
a_ n
~ o
-
_
-
-
a E
9-2!
a. a.
a. n a -
n n
a
a
--*0
-o
a
E
b°21
-
a a.
a, a_ a.
a. a_ 0-
CL
IL
CL CL
- - -
E x
m
a) E
-
- -
*M£-a
=
a
CL
I
a
n
a. *0-
ca
0
Lo
-
_
-
-
cu
cu
Z°21
a)-
a
a
a
,
a
a
s
to
a)
-
-
8
a o
~
n
a
a
n
m _
L N
6-~
a
a
a
a
E v
210-b
cn =
a
a
-
E m
0
4)
!L
CL
U CL
_ a
.
a s
-
-
-d
U ma
Cl.
a_
a o_ n
a. a
CL a. a.
a
c
-
-
O
a)
>5
-
CL
O >
(q 6
_
a
o
` ~o
U
o
00
ui
O
o
o
C
)
U
o min
a) a)-0
U
_
Z
w
m
U)o(
U
CL N
(6
a...
-
j' to
U
'p
U
-
N
a
U
O
N
a) O U o
Cis
-Z O U
I-
t(
y
it
U
III
21,
-O' E .~a)
L ~0)
E=
O m`
"a
o ~
0 U 0a
U
m
c
t5
u, ca Cf)
a) a
(
13
~L `o °c)
0
CL
- .0-
T
U
1
16
o° -°o E m •O U
.
c
o
°
c
3
N
-
c
o
Z
"0
~ m
75 ~
S
U
o
U
_
cl,
o
o O
T
0
a)
o
O a_ I-- > o
U
n o
'Fa
LL E
3 m
E
n
C: L)
E
o
n c
z
? U CL
5 a
O CO LL
LL LL
a
N o
O
LL
O
o
_
•
•
.
U •
•
•
O
.
"
p
=
U
U
U
U
U
U LL O
m
~
e
i°
_
N
sj N a) a)
T a)
a
II II
cu
, 0
-0
iU-
L
iL
LLL
m
o
a
o
47
U
E O
U f6 (6- N c6 c6 C N
N
U
N N (
6
O
ro V
+
CL V =Z
'O
o)
T o
?
U
E E m N
C C C C C C
t0
O O o
O O O E om
Rf y-..,
U O
L
W Z-0
y
) .
a) O
:
_
-C3
=
x
-tl
LL L.L L
_
N N o m m s
o' N
7 5
7-0 a)
U
c
E m a) 7
Q
,.-L c
U U U U U a)
m > > > m
11c: 1)
<a L
. U U U
a
L L L
2
Q1
CL
vI
W W
m
o 'C
L
.
o O m
=3 O C O
'O -O "O 'o 'o -O O a)
a) (a m
O 0) 0)
N CO
"
U)
Y
m w
0 D LL ~5;
2:~i to I-
- W W W W W W U S
2 4 a.
_U Q Q
N
v
•rr
r
N_
y
c
0
N
d
~n c
O
z
O
00
N
c+'1
I
O
r-i
O
N
z
W
U
~i
w
J
m
lu
(n
D
**£-ON F a I o d a a a d o
**Z-JN a a_ 0- CL a- n.aa- a"a.mmmmmma. a"
**6-JN a" a. 0- a. a. n. a- a. a a_ a. a. a" a. a.
**OdM a a n a U iL a a o c> a o a a a_
a" a_ n a-
n o a a iL a a- 0- a. *0-
a a o.. n. a- 0-1 a. a" a- a a_ a" a. a.
o n iL n. 0- a_ a- a- a" D- a- n a. *0- a. 0- a_ U a- a- a- a" 0- U 0-
0- a- a" a" U a- n_ a" E
O
**®flW-d O
0- - a- - a" a_ a- a" *0a. Q- L 0- a. a_ U a. a" o a. 0- o
**L-21 U n
**9-21 _ U - E
**Z-N Q I
8 VN '6
- - U N
VN C N N
a) - E C
210-4 N a
a U
-I- - - -
cu cu
O-b' a n a v v a) n
4 c - - - - - - - - - - - - - - o
a U) > >
~
c
o
m i 7
E $v
o a) vi
7 a c L.
CL m O
a) c U
c ro ° c
U in
a) U a y
II N Q J d N U
❑ O 10 to
Q" II W 0 0 'O O U a)
U CL
U) z a)
Q O 00 N y0 a 4
w .0 a°i o ti c O o > a 0) ti LL > o aci co
O c N m o .c ~ c a m v no0
a) > o a >
o c n n. o E a) o
a 0 J LL ii m E U E a) (an) $ co U) cu 0- ro > > a)
u n - m~ U o E m m cu aa)) o 65 E o 0 2 -6
D a.U -Or CU M O J- ,U O .fl ~cnU~ o c may`
U -LLT_ U U N c CU (0 U U N (0 N N
'v=. N a) O m N c R) O U (n 0) c O) f6 7 O~
'o E E a) U L 12 U ~F :5 (n a) c o S o m cu
0) :E E E U L E E c ~ > > U y a) c W a a) -c (U_~ Y ` c " (n ~ 2 )
Q. w O c m o o o o m 'c - M ~ F) a) a) m 4- co a) 'c of a) r N
U) Y U Q QQU U UUU❑❑❑LL LL LL CD2=2z0a.aCL wa_a_
a~
c~
O
00
N
I
0
e-1
O
N
H
W
U
LZ
U)
CL a CL 1 a a a
a. a. a. CL - a - - - - a. - 0_ -
-9N
a a.
a
a.
a
n
a
IdM
-
n
n
-
-
-1
a
7
-
a
a
a
a
a
a.
a
a-
a.
a
a.
0-
a
a-
a.
a
0-
a.
-
a
a
0-
a
a.
a
a.
a
U
a.
a s
a
a
a
U
a-
0- a
a
a.
a.
a
s
a
s
a
a.
a
a
a.
a
U
a.
a
aa
a
a
a
a
s
a
a
U
a.
p
a
a
U
a.
E
W-d
a
a
a
a
°
-
aa
a
a
a, LO
_
fL°2!
a
a
a.
o
F9-21 I
I
a
-
o
-
-
fb-21 I
a
a
a
m
-
-
a E
FE'21
CL
a
a
o
LO -
-
-
-
-
FZ-ZI
a
a
0-
I6'21
a o -
-
-
-
-
-
E
IL
a-
EL
Lu
c
a
a) ca
a
Ea
co
U)
I
0
a) rn
IL
a
-
CL
U c
-
~
d
U
a
a
a
U
a.
a Q
p -
-
-
-
-
=
-
-
-
-
o
a)
a
o
a)
(n
.0'a
O
L
U E
M
oU
N a)
a)
ro
a
a;
~ vi
72
~
U)
0 15
0
-0 U)
a)
a)
E
p U
0
-o LL
2
a)
L
,O
N
N
C
p
2 fn
v
i (n
a) U- O
7
U
(D
N
m
ro
I
I
Z
I
p _O a)
Z~
l
ll... N.-1 O
0
(D
U)
Z
f6
O
a)
•s
E
N
) a
N
a)
to
a)
p
0
y U
CD
Lo
~
rn
cu
o
o
'
o o
a)
* a)
o
p
m
a
i
E
m
°
F
-
_
v
i
a
i
v
i
)
a
m
n
M-76 * ~ p
o
U
O
O
=
'(6
U
LL
O
J
J
C
(
t
t
c
N
U) C:
N
Q
to
L
L
U)
'
U
a)
E
U
O
LP
O
o_
7 a) 'o
(U
a
a)
0
o
rn
m
n
o
ro
*((00'
N
U a)
U U
.p
O
(6
Q
U
L
)
Va
i
m
.
=3
U
U
U
a ~j
a c: 'o
o
0 0
m
w
U
cu
J
W
:3
:3
E
:
LL L
a rn
U) U)
c
-
U
a)
t~
Y
s
O)
N
E
E
c
- o
p p O
a)
aj
N
a)
N
Q
ca
>
C)
p
-ai
U
U
U
N
a U Q
co cu
C:
U)
0
U)
m
a
-
a)
0)
U
o
a)
o
_T
w
w
vi
a
f0
n
a
8)
=
LL
c
`o
(
-
'
~a
i
a
a
i
E o p
ro
a U m
a) a)
O
a)
U)
o
O
o
Fn
F-
F-
F-
W w
U)
m M
(n (n
T
a)
p
`
(6
6
(0
N
(n
p
(6 ro
p
N
U
-
U)
(n
0
N
N
=
'
+
0
Ca
o
cu
.U
a
)
N
>
,
0 0)
Lp
p
cm
(0
Y
T
C a)
_N.'
a)
p= N
LU O o
m o
o
0
a)
a)
a)
z
a a
0
m
N
'v
o
` n
3 (a
L
1
N M
Y U
LL
(n
(n
Ll
m
C C
(n
ORDINANCE NO. 2010-3280
EXHIBIT "D"
Page 7
That Chapter 12, "Unified Development Ordinance," Section 7.4.E, "Exempt Signs", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
7.4 Signs
Exempt Signs
The following signs are exempt from the requirements of this UDO:
1. Signs that are not easily identified from beyond the boundaries of the lot or parcel
on which they are located or from any public thoroughfare or traveled right-of-way,
as determined by the Administrator. Such signs are not exempt from the safety
regulations contained herein and in City Building and Electrical Codes;
2. Official notices posted by government officials in the performance of their duties:
government signs controlling traffic, regulating 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 UDO;
3. Signs related to a Primary & Secondary Educational Facility, except that such signs
shall adhere to the limitations of Section 7.4.D Prohibited Signs;
4. Temporary signs erected by private property owners for the purpose of warning of
a dangerous defect, condition, or other hazard to the public;
5. 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, except as stated in Section 7.4.R, Non-Commercial and Political Signs;
6. Temporary decorations or displays, if they are clearly incidental to and are
customarily and commonly associated with any national, local, or religious
celebration;
7. 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;
8. Non-Commercial Signs carried by a person and not set or affixed to the ground,
that in no way identify or advertise a product or business, or by their location and
placement impede traffic safety;
9. Commercial Signs carried by a person and not set on or affixed to the ground,
provided that the sign is temporary, on-premise, and not used by the person on the
premises for more than three (3) consecutive days, more than four (4) times per
calendar year;
10. 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
than three days with approval of the City Manager;
11. Flags used as political symbols; and
12. Special District Identification Signs, as defined by Section 11.2 Defined Terms, that
in no way advertise a product or a business, or by their location and placement
impede traffic safety. Special District Identification Signs must be approved by the
appropriate Board or Committee.
13. On-premise and/or off-premise signs where there has been a resolution adopted by
the City of College Station or an executed contract with the City of College Station
and the display of the signs are for designated locations, a specified time period,
and;
ORDINANCE NO. 2010-3280
Page 8
a. Promotes a positive image of the City of College Station for the attraction of
business or tourism;
b. Depict an accomplishment of an individual or group; or
c. Creates a positive community spirit.
14. Temporary signs erected for a neighborhood event sponsored by a neighborhood
group that is registered with the City of College Station, provided that the signage is:
a. Located within the perimeter of the neighborhood;
b. Provides the name of the association sponsoring the event on the sign;
c. In good repair;
d. Allowed up to fourteen (14) days prior to the event; and
e. Removed within twenty-four (24) hours of the event.
15. Home Tour Event signs, as defined by Section 11.2 Defined Terms, with a limit of
two (2) events per calendar year. Such signage shall:
a. Be in good repair;
b. Display the name of the group sponsoring the event (if applicable);
c. Be allowed up to ten (10) consecutive days per event;
d. Be removed within twenty-four (24) hours of the end of the event;
e. Comply with the following if located within a right-of-way:
1) Located outside the visibility triangle of intersections as defined in Section
7.1.C Visibility at Intersections in all Districts.
2) Permitted by the State Department of Highways and Public Transportation
if located on any state highway or roadway.
3) Be constructed of durable material and no sign shall be greater in size
than three feet (3') by three feet (3').
EXHIBIT "E"
That Chapter 12, "Unified Development Ordinance," Section 7.6.13, "Applicability", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
7.6 Buffer Requirements
B. Applicability
1. Perimeter buffers shall be provided on building plots abutting developed (platted)
or developing (in the process of platting) sites in accordance with the standards of
this Section, as outlined in Section 7.6.F, Minimum Buffer Standards. The following
shall provide buffers:
a. Vacant sites that develop;
b. Existing sites when additions, expansions, and/or redevelopments equal or are
greater than 25% of the existing improvements;
C. Existing sites when cumulative additions, expansions, and/or redevelopments
total 25% or more of the existing improvements;
d. Existing sites when a change of use intensifies the development in terms of
elements such as traffic, processes, noise, water or air pollution, etc.;
e. Existing sites with lawfully established non-conforming uses when the use is
expanded; and
f. Sexually-oriented businesses.
ORDINANCE NO. 2010-3280 Page 9
2. Exceptions to the terms of this Section will be made when:
a. The adjacent developed use is non-conforming;
b. The adjacent developed use is agricultural;
c. The Land Use Plan designates the area as Redevelopment;
d. The property is zoned P-MUD and the buffer requirement was determined
through the rezoning process;
e. The developing use is a Primary or Secondary Educational Facility containing a
building with a Group "E" occupancy as defined in the International Building
Code; or
f. Properties in NG and RDD districts.
EXHIBIT "F"
That Chapter 12, "Unified Development Ordinance," Section 7.9.A, "Applicability", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
7.9 Non-Residential Architectural Standards
A. Applicability
The design standards of this Section shall apply to development, redevelopment, and
fagade changes to all non-residential buildings including single tenant buildings, multiple
tenant buildings, and any grouping of attached or stand alone buildings and associated
pad sites.
Uses located within the following districts are exempt from this Section: M-1 Light
Industrial, M-2 Heavy Industrial, R&D Research & Development, NG-1 Core Northgate,
NG-2 Transitional Northgate, and NG-3 Residential Northgate.
The following uses are exempt from this Section: Churches; Primary & Secondary
Educational Facilities; Municipal Industrial facilities; and private utility buildings that are
screened from public or private rights-of-way and adjacent properties.
EXHIBIT "G"
That Chapter 12, "Unified Development Ordinance," Section 7. 10, "Outdoor Lighting Standards", of the
Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows:
7.10 Outdoor Lighting Standards
It is recognized that no design can eliminate all ambient light from being reflected or
otherwise being visible from any given development; however, the following requirements
shall be followed to the fullest extent possible in order to limit nuisances associated with
lighting and resulting glare.
ORDINANCE NO. 2010-3280
A. Applicability
Page 10
All lighting within developments shall meet the requirements of this Section, except that
single-family residential, duplexes, Primary & Secondary Educational Facilities containing
a building with a Group "E" occupancy as defined in the International Building Code,
athletic fields, and lighting not visible from the perimeter of a development are
exempted.
B. Site Lighting Design Requirements
1. Fixture (luminaire)
The light source shall not project below an opaque housing. No fixture shall directly
project light horizontally.
2. Light Source (lamp)
Only incandescent, florescent, metal halide, mercury vapor, or color corrected high-
pressure sodium may be used. The same type must be used for the same or
similar types of lighting on any one site throughout any master-planned
development.
3. Mounting
Fixtures shall be mounted in such a manner that the projected cone of light does
not cross any property line.
C. Specific Lighting Requirements
1. Fagade and flagpole lighting must be directed only toward the fagade or flag and
shall not interfere with the night-visibility on nearby thoroughfares or shine directly
at any adjacent residential use.
2. All lighting fixtures incorporated into non-enclosed structures (i.e., gas pump
canopies, car washes, etc.) shall be fully recessed into the underside of such
structures.
EXHIBIT "H"
That Chapter 12, "Unified Development Ordinance," Section 11.2, "Defined Terms", of the Code of
Ordinances of the City of College Station, Texas, is hereby amended by amending the definition of
"Educational, Facility, Primary and Secondary" to read as follows:
11.2 Defined Terms
Educational Facility, Primary and Secondary: Any public or private school licensed by the
State which is designed, constructed, or used for education or instruction of students
below the age of 20. Auxiliary uses to these schools are included herein.