Navasota City Zoning Code
ARTICLE X
OD: OVERLAY DISTRICT
§ 10.1 GENERAL PROVISIONS.
A.
Purpose and Intent.
The purpose of the Overlay District (OD) is to provide an area where certain types of business uses and mixed business and residential uses may exist in the zone within the boundaries of the OD.
With this OD, the City intends to maintain the prevailing architectural character, encourage redevelopment in this District, and create a distinct, unique residential area with complementary business uses.
B.
Boundaries.
The area designated as within the OD shall be the area generally extending along the frontage of each tract abutting the street and extend to the rear property line of each tract of property having frontage on the street, and shall be further described as follows: See appendix A-1.
C.
Applicability.
The OD requirements and standards apply to any application for development within the OD, said OD being described in 1.B [subsection B] above.
D.
General Standards.
The establishment of the OD does not repeal the underlying zoning classification applicable to the area contained within the boundaries OD. The requirements of the OD are complementary to the requirements of the underlying zoning district. However, the OD regulations are not applicable to the areas outside the OD but within the underlying zoning district.
The OD allows residential and certain business uses to occupy the same structure or lot in compliance with applicable restrictions.
Development plan application and approval is required for all mixed use and business use in the OD. Structures may be erected and occupied and land may be used only in accordance with the approved development plans.
OD encourages pedestrian activity on the street frontage.
E.
Use Restrictions.
Allowable uses within the OD shall apply to the underlying zoning district and the specific uses enumerated herein. No other uses shall be allowed in the OD. The specific uses allowed in the OD, in addition to the underlying use, are limited to the following:
1.
Professional office uses consisting of professional or consulting services in the fields of law, architecture, design, engineering, financial consulting services, accounting, insurance, counseling, dentistry, medicine (not more than 4 physicians), real estate, photography, artist studio and sale of art works and similar professions, and said uses shall comply with the regulations provided for herein.
2.
Fine dining restaurants which involve the individual preparation of food in limited quantities and of a personal nature, with incidental alcoholic beverage service (less than 50% of gross sales attributable to alcohol) being allowed. Restaurants within this category are characterized by limited traffic, noise and parking that is similar in nature to a professional office use of a similar nature, limited hours of operation not later than 11:00 p.m., no drive-thru or fast food, and lighting which is shielded from and directed away from adjacent neighborhoods and residential property, and is dimmed to a minimum level after hours of operation. Said restaurants may hold special events such as weddings, reunions and other catered events, and provide live entertainment with amplified sound as long as such activity is wholly enclosed within the main building, or if the activity will be outside, after having obtained a valid noise permit from the City, if required, for said activity. Lighted signs shall be turned off after business hours of operation. No outdoor cooking shall be permitted; however, outdoor cooking involving the noncommercial preparation of food utilizing a barbeque pit, smoker, gas grill, or similar equipment shall be allowed.
3.
Bed and breakfast lodging services within rooms of the property owner’s principal residence and up to three (3) separate guest houses, which must be situated on a lot of at least 10,000 square feet, within a single property served by a single water and electrical meter. A bed and breakfast use may be evidenced by association with a Bed and Breakfast Accommodation and Reservation Service. To qualify as a bed and breakfast the owner must, upon request, provide proof of the collection and payment of state and local hotel occupancy taxes to the City. A bed and breakfast does not include a hotel, motel, inn, or other similar lodging establishment.
4.
No outdoor storage shall be allowed.
5.
Hookah and Vapor Retail Stores, Hookah Lounges and Vape Lounges are not permitted in this District. Any legally operating Hookah and Vapor Retail Store, Hookah Lounge or Vape Lounge is deemed nonconforming as of September 9, 2024 and shall be allowed to continue to operate subject to and in compliance with the provisions of this Zoning Ordinance relating to nonconforming uses and all other applicable requirements.
(Ordinance 626-10 adopted 9/27/10; Ordinance 1051-24 adopted 9/9/2024)
§ 10.2 BUILDING AND SITE STANDARDS.
A.
General Provision.
The site of any proposed establishment within the OD shall be designed and developed in accordance with this Article in addition to all other applicable requirements within the City’s Charter and Code of Ordinances. In the event of a conflict between this Article and the requirements of the underlying zoning district, this Article shall prevail.
B.
Use Restrictions.
All structures, except accessory buildings, must face the named Street. No structure or part of a structure used for business purposes shall have in excess of twenty percent (20%) of the floor area of the structure used for storage or warehousing.
C.
Building Materials.
Building walls and other building exteriors shall be constructed of masonry material (such as stone, brick or stucco), excluding windows, doors, soffits and trim. Other materials that preserve the architectural character of the buildings within the OD may be approved by the City Council. Non-residential buildings shall have the same general character of residential buildings, shall have residential-type roof pitch and composition, and shall blend into the residential environment within and adjacent to the OD.
The building walls and other building or structure exteriors located on the same site, including those used to screen outdoor storage areas, dumpsters, parking lots, vehicles, etc., shall be constructed of the same materials as the main building.
D.
Screening.
The following business uses on the site shall be screened to a height sufficient to completely screen the use from ordinary public view by a decorative fence or landscaping, but in no case shall such screening be less than six feet (6') in height:
Off-street loading areas;
Refuse storage areas, dumpsters, and all related activities and equipment;
Air conditioning, refrigeration, heating, and other mechanical and electrical equipment; Antennas and satellite dishes; and
Carports.
F.
Area regulations.
Setback regulations and lot dimension regulations are the same as the underlying zoning district.
(Ordinance 626-10 adopted 9/27/10)
§ 10.3 (RESERVED)
Editor’s note–Former section 10.3 pertaining to business signs and deriving from Ordinance 626-10 adopted 9/27/10, was repealed and deleted in its entirety by Ordinance 818-17, sec. 1, adopted 9/25/17.
§ 10.4 LIGHTING.
No structure shall be illuminated or displayed by exterior lighting except for security purposes. All exterior lighting on the premises shall be only for safety, security, or lighting for landscape or architectural features. No exterior lighting shall be directed so that the illuminating element shall be at a height in excess of seven feet (7') above the average ground level of the lot upon which it is located.
(Ordinance 626-10 adopted 9/27/10)
§ 10.5 APPLICATION PROCEDURE FOR DEVELOPMENT WITHIN OVERLAY DISTRICT.
A.
Any person or entity desiring to use land or erect buildings for mixed use purposes or business purposes within the OD shall first submit a development plan to the City Secretary showing in detail the manner in which the land is to be used, the location, size, character and appearance of each building and all other improvements, signage, exterior lighting and provision for off-street parking, service areas, screening, and landscaping (the “plan”); the plan shall include the entire area of the land for which the submission is made.
B.
The City Secretary shall forward the plan and all related documents to the Planning and Zoning Commission who shall conduct a public hearing on the plan, study and investigate the plan, and make a written recommendation to the City Council.
C.
The Planning and Zoning Commission shall make a written report and recommendation to the City Council after considering the following criteria:
D.
The City Council, after reviewing the report and recommendation of the Planning and Zoning Commission, shall hold a public hearing on the plan. After the public hearing, the City Council may: (1) approve the plan as originally submitted; (2) approve the plan with modifications; or (3) disapprove the plan in its entirety. The City Council shall make such decision within sixty (60) days after the Planning and Zoning Commission makes its written report and recommendation to the City Council. If the application and plans are approved with modifications, City Council shall notify the applicant in writing of such modifications and only upon receipt of the applicant’s written consent to such modifications within thirty (30) days shall the plan be deemed approved. If the applicant does not provide written consent to such modifications to the City Council within thirty (30) days of the City Council’s notification of the applicant, said plan shall be deemed disapproved.
E.
If the plan is disapproved, it may be revised and resubmitted following the same procedure. No application for a development plan which has been disapproved shall be again filed with the City earlier than one (1) year from the date that said application was disapproved.
F.
The application for approval of a development plan under this Article shall be accompanied by a non-refundable fee as set out in the fee schedule approved by City Council.
(Ordinance 626-10 adopted 9/27/10)