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Notes ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact - finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. I. APPLICATION ❖ Any variance request, special exception, appeal of a decision of the Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed: 1). Application 2). Request Form ❖ Applications and request forms are available from the Planning Division Office. ❖ The Zoning Official shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. ❖ The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. ❖ Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Zoning Official shall inform the applicant of any extra materials required. ❖ An applicant shall submit a non - refundable fee of $150.00, payable to the City of College Station, to defray notification costs. The $150.00 will be taken when the completed application and request form are submitted. II. APPEAL OF ZONING OFFICIAL DECISION ❖ Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision. ❖ The ZBA shall hear the appeal within sixty (60) days after the application and request forms are received by the Zoning Official. ❖ The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Zoning Official by a concurring vote of at least four (4) of the five (5) members. ❖ The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule. ❖ When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. ❖ The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. III. NOTICE ❖ The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting. ❖ The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1) week prior to the meeting. Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner's names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated. ❖ At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1) week before the meeting. ❖ The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting. IV. MEETING ❖ Robert's Rule of Order, newly revised, shall be followed. ❖ Meetings shall be held the first Tuesday of each month at 6:00 PM. ❖ Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. ❖ Each item before the ZBA must be heard by at least four (4) members. ❖ The ZBA may act on any request with or without the applicant's presence at the meeting. ❖ When hearing requests, this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing ZBA discussion and action V. MINUTES ❖ The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. ❖ Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. ❖ Minutes shall be signed by the Chairman after they are approved by the ZBA. VI. PUBLIC HEARING ❖ Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?" ❖ Witnesses include the applicant and interested persons. VII. MOTIONS ❖ Motions shall be made on the Motion Format Form and be positive or negative. ❖ Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved. ❖ Negative motions which fail do not imply the request is granted. ❖ Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. VIII. REHEARING ❖ Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. ❖ When a request is denied, within ten days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board. ❖ Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda. ❖ To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present. ❖ The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. ❖ If the ZBA approves a request to rehear, the applicant must pay a new fee by an established deadline to be scheduled for a future meeting. IX. APPEAL DECISION ❖ If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning Division Office. .i j u 1_4 \,) 6t_t_ C4', ¶Cfl -- --j Citie p( c " -.4-Cu_ i Lc1.2 . ( L ( --''CL;ri , - or CLM 1 t_c,-- ce) t) \t-11 tt. i•15 niruA_,C'+# • \ - I bc I /-1 - • - - In I LL - 9CLCfr__ . . _.--- .Akk A V ov , / f.3 1..) I (k. lo-Q c (sc rl- 4--\ ( ... , ,23 U AT ; A I )c- 1 for (ArsJ 1.--€A 1 Article 7. General Development Standards Section Se Signs 6. All signs shall be setback as shown in Section 7.4.F, Sign Standards above except in areas where a Private Improvement in Public Right -of -way permit has been issued. H. Apartment /Condominium /Manufactured Home Park Identification Signs 1. An Apartment /Condominium /Manufactured Home Park Identification Sign may be either an attached sign or a freestanding monument sign. It shall be placed upon the private property of a particular multi - family project in the appropriate zone as established in Section 7.4.C, Summary of Permitted Signs subject to the requirements set forth in Section 7.4.F, Sign Standards above; 2. The Apartment /Condominium /Manufactured Home Park Identification Sign shall list the name and may list the facilities available and have leasing or sales information incorporated as a part of the sign; 3. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign; 4. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic, or flashing lights or devices shall be permitted; and 5. Any manufactured home parks existing at the time of this UDO that are non - conforming may still utilize an identification sign meeting the provisions of this Section and Section 7.4.F, Sign Standards above. I. Attached Signs 1. Attached Signs are commercial signs under this Section. 2. Attached Signs on any commercial building or tenant lease space shall not exceed a total of two square feet per linear foot of the main or entry • facade with a maximum of 500 square feet of attached signage allowed for any one tenant. Multi -story businesses will be allowed 100 square feet of additional attached signage. Per Ordinance No. 2664 dated September 9, 2003. 3. The division of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager, and not the City of College Station. 4. Signs attached to features such as gasoline pumps, automatic teller machines, mail /package drop boxes, or similar on -site features, if seen from the right -of -way, shall count as part of the allowable sign area of the attached signs for the site. Information contained on such features pertaining to federal and state requirements, and operation /safety instructions are not counted. All other signage on such features shall count towards the allowable attached sign area. 5. Banners shall be treated as signs when used on commercial or industrial properties. 6. An attached sign: a. Shall advertise only the name of, uses of, or goods or services available within the building to which the sign is attached; b. Shall be parallel to the face of the building; c. Shall not be cantilevered away from the structure; d. Shall not extend more than one foot from any exterior building face, mansard, awning, or canopy; 7 -27 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7. General Development Standards Section 7.4. Signs e. Shall not obstruct any window, door, stairway, or other opening intended for ingress or for needed ventilation or light; and f. Shall not be attached to any tree or public utility pole. 3. Development Sign 1. A Development Sign may be placed only on private property subject to the requirements in Section 7.4.F, Sign Standards above. 2. A Development Sign for a building project shall be removed if the project has not received a Building Permit at the end of twelve months. The Administrator may renew the sign permit for one additional twelve -month period upon request. 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. 1 3. 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 months. The Administrator may renew the Sign Permit for one additional twelve -month period upon request. Once a plat has been approved, the Sign Permit is valid as long as a Preliminary Plat is in effect, or in the absence of a valid Preliminary Plat, for 24 months from the date of approval of a Final Plat. K. Directional Traffic Control Sign 1 1. Directional Traffic Control Signs may be utilized as traffic control devices in off- street parking areas subject to the requirements set forth in Section 7.4.F, Sign Standards above. 2. For multiple Tots sharing an access easement to public right -of -way, there shall be only one directional sign located at the curb cut. 3. Logo or copy shall be Tess than 50% of the sign area. 4. No Directional Traffic Control Sign shall be permitted within or upon the right -of -way of any public street unless its construction, design, and location have been approved by the City Traffic Engineer. L. Flags 1. One freestanding corporate flag per premise, not to exceed 35 feet in 1 height or 100 square feet in area, is allowed in multi - family, commercial, and industrial districts. 2. Flags used solely for decoration and not containing any copy or logo and 1 located only in multi - family, commercial, and industrial districts or developments are allowed without a permit. In multi - family developments, such flags will be restricted to 16 square feet in area. In all permitted zoning districts such flags will be restricted to 30 feet in height, and the number shall be restricted to no more than 6 flags per building plot. 3. Flags containing commercial copy or logo, excluding the flags of any country, state, city, school, or church are prohibited in residential zones and on any residentially developed property (except when flags are used as Subdivision Signs). 1 7 -28 Article 7. General Development Standards Section 7.4. Signs F. Sign Standards The following table summarizes the sign standards for the City of College Station: Setback Maximum Maximum Height from Sign Type Area (s.f.) ** (ft.) ROW (ft.) Number Allowed Apartment /Condominium /Manufactured 100 10 10 1/building 1 Home Park Identification Signs / g plot Area Identification Signs 16 4 10 1/10-50 acre subdivision or phase Not to exceed 1 Any number allowed foot from top of if within the total Attached Signs Varies, see wall, marquee, -- g 7.4.I below or parapet to allowed square which it is footage of attached attached signs Development Signs Residential / Collector Street 35 Arterial Street 65 15 10 1 /premises Freeway 200 (As designated on Thoroughfare Plan) Directional Traffic Control Signs 3 4 4 1 /curb cut 1 /building plot Freestanding Signs Varies, see 7.4.M below where lot exceeds 75 feet of frontage Home Occupation Signs Not to exceed 111 2 top of wall to which it is - -- 1 /dwelling unit attached III Low Profile Signs (In lieu of permitted 60 4 10 1/150 feet of Freestanding Sign) Non - Commercial Signs - -- - -- frontage 10 - -- Real Estate, Finance, and Construction 1 /frontage Mg Signs 16 8 10 (Real Estate) 10 1 /property (Finance) Up to 150 -foot frontage 32 8 Greater than 150 -foot frontage 3 /property (Construction) III Determined by frontage. 10 feet above 1 /building plot in Roof Signs Same as - -- place of a freestanding structural roof III 9 freestanding sign Max. 100 s.f. 1 /primary Subdivision Signs 150 15 10 subdivision IIII entrance. Not to exceed 2 signs. * Except as provided for in Section 7.4.M.10, Freestanding Commercial Signs. ** The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines that fully contains all extremities (as shown in the illustration below), exclusive of supports. Per Ordinance No. 2681 dated November 25, 2003. 7 -25 Unified Development Ordinance 6/13/03 City of College Station, Texas Article 7. General Development Standards Section 7.4. Signs 6. All signs shall be setback as shown in Section 7.4.F, Sign Standards above except in areas where a Private Improvement in Public Right -of -way permit has been issued. H. Apartment /Condominium /Manufactured Home Park Identification Signs 1. An Apartment /Condominium /Manufactured Home Park Identification Sign may be either an attached sign or a freestanding monument sign. It shall be placed upon the private property of a particular multi - family project in the appropriate zone as established in Section 7.4.C, Summary of Permitted Signs subject to the requirements set forth in Section 7.4.F, Sign Standards above; 2. The Apartment /Condominium /Manufactured Home Park Identification Sign shall list the name and may list the facilities available and have leasing or sales information incorporated as a part of the sign; 3. An apartment or condominium project must have a minimum of 24 dwelling units to qualify for an identification sign; 4. Indirect lighting is permissible, but no optical effects, moving parts, or alternating, erratic, or flashing lights or devices shall be permitted; and 5. Any manufactured home parks existing at the time of this UDO that are non - conforming may still utilize an identification sign meeting the provisions of this Section and Section 7.4.F, Sign Standards above. I. Attached Signs 1. Attached Signs are commercial signs under this Section. 2. Attached Signs on any commercial building or tenant lease space shall not exceed a total of two square feet per linear foot of the main or entry facade with a maximum of 500 square feet of attached signage allowed for any one tenant. Multi -story businesses will be allowed 100 square feet of additional attached signage. Per Ordinance No. 2664 dated September 9, 2003. 3. The division of allowable building signage amongst building tenants shall be the sole responsibility of the owner or property manager, and not the City of College Station. 4. Signs attached to features such as gasoline pumps, automatic teller machines, mail /package drop boxes, or similar on -site features, if seen from the right -of -way, shall count as part of the allowable sign area of the attached signs for the site. Information contained on such features pertaining to federal and state requirements, and operation /safety instructions are not counted. All other signage on such features shall count towards the allowable attached sign area. 5. Banners shall be treated as signs when used on commercial or industrial properties. 6. An attached sign: a. Shall advertise only the name of, uses of, or goods or services available within the building to which the sign is attached; b. Shall be parallel to the face of the building; U c. Shall not be cantilevered away from the structure; d. Shall not extend more than one foot from any exterior building face, mansard, awning, or canopy; U 7 -27 Unified Development Ordinance 6/13/03 Citv of Colleae Station. Teyaq all ea Article 7. General Development Standards Section 7.4. Signs 1 III F. Sign Standards The following table summarizes the sign standards for the City of College 1 an Station: • Setback III Maximum Maximum Height from Sign Type Area (s.f.) ** (ft.) ROW (ft.) Number Allowed Apartment /Condominium /Manufactured 100 10 10 1 /building plot Home Park Identification Signs III Area Identification Signs 16 4 10 1/10 -50 acre subdivision or phase Not to exceed 1 Any number allowed IIII foot from top of - -- if within the total Attached Sins Varies, see wall, marquee, g 7.4.I below or parapet to allowed square which it is footage of attached III attached signs Development Signs Residential / Collector Street 35 Arterial Street 65 15 10 1 /premises II. Freeway 200 (As designated on Thoroughfare Plan) Directional Traffic Control Signs 3 4 4 1 /curb cut 1 /building plot Freestanding Signs Varies, see 7.4.M below where lot exceeds 75 feet of frontage Home Occupation Signs Not to exceed 2 top of wall to which it is ___ 1 /dwelling unit attached IIII Low Profile Signs (In lieu of permitted --- --- 1/150 feet of Freestanding Sign) 60 4 10 frontage Non - Commercial Signs 10 - -- Real Estate, Finance, and Construction - 1 /frontage Signs 16 8 10 (Real Estate) 10 1 /property (Finance) Up to 150 -foot frontage 32 8 Greater than 150 -foot frontage 3 /property (Construction) Determined by frontage. 1 /building plot in Roof Signs Same as 10 feet above ___ place of a freestanding structural roof 9 freestanding sign Max. 100 s.f. 1 /primary Subdivision Signs 150 15 10 subdivision II entrance. Not to exceed 2 signs. * Except as provided for in Section 7.4.M.10, Freestanding Commercial Signs. III ** The area of a sign is the area enclosed by the minimum imaginary rectangle or vertical and horizontal lines that fully contains all extremities (as shown in the illustration below), exclusive of supports. Per Ordinance No. 2681 dated November 25, 2003. 1 • 7 -25