HomeMy WebLinkAboutOrdinance No. 132-Propsed Amendments PROPOSED AMENDMENTS TO ORDINANCE 132
ZONING ORDINANCE
The following proposed amendments were compiled from comments and critiques
furnished by all members of the Friendswood Planning Commission and were
discussed in Public Hearing on November 30, 1971 . The amendments are hereby
submitted to- the Friendswood City Council for consideration and action. The
rationale for each proposed amendment is included herein. The Council is
urged to act upon this amendment package to secure a more workable and inter-
pretable Zoning Ordinance.
Section 1 : No Changes
Section 2:
1 . DELETE item 5; incorporate in item 18 (q.v. )
2. AMEND item 19 as follows:
Dwelling, Mobile Home: A portable vehicle constructed on a chassis
and which has been designed so that it may be occupied and used without
a permanent foundation. A mobile home is a single-family dwelling unit
suitable for year-round occupancy and which has provision for electrical
and water connections , and which provides for waste disposal in com-
pliance with the plumbing code requirements for dwellings. Such vehicle
shall be eligible for registration and licensing by the State of Texas
for operation on the public streets and highways.
A travel trailer is not to be considered as a mobile home.
Nothing in this definition shall be taken to imply that modular homes,
factory pre-built homes, or homes involving methods of construction
other than conventional on-site construction require classification of
housing so produced as mobile home dwellings unless they otherwise meet
the criteria outlined in this definition.
REASON FOR AMENDMENT
1 . Paragraph 1 is the same as the definition of a mobile home dwelling
in Ordinance 129, which regulates mobile home parks. The
definitions should be identical in content between two ordinances.
2. Paragraph 2 is retained from the present ordinance language as
further explication of what a mobile home is, and is not.
3. Paragraph 3 opens the door for advanced technology in home building,
something which the present language in Ordinance 132 tends to
exclude, or could be so interpreted.
3. AMEND item 16d to read as follows (new language underlined) :
Home Occupation: No home occupation shall be conducted in any accessory
building; however, a garage shall not be construed as an accessory
building, even if said garage is detached, provided the garage is usable
for its original purpose, the storage of motor vehicles and home
equipment.
REASON FOR AMENDMENT
Many self-employed persons, and individuals engaged in profit-making leisure-
time pursuits, such as accountants, home-products dealers , craftsmen,
commercial artists, etc. are presently enjoined under the terms of Ordinance
132 from pursuing home occupations in their garages , yet such occupation is
common practice. The remaining provisions of Definition 16 are adequate to
prevent such activities from jeopardizing the enjoyment of property of their
AMENDMENTS TO ORDINANCE 132
Page 2
4. AMEND 16f by adding these words after the last sentence, ". . .off the
-- premises. No home occupation shall require the installation of
equipment or electric motors exceeding a total limitation of 3 horsepower
per dwelling unit.
5. ADD 16g, consisting of the following words: "16g. Any activity in which
chattels or goods, wares or merchandise are commercially created,
changed, repaired, exchanged or sold, barber or beauty shops , beauty
culture schools, commercial stables or kennels, Doctor's offices for the
treatment of patients, and/or the display of goods shall not be con-
sidered home occupations .
REASON FOR AMENDMENTS
Amendments 4 and 5 add the words pertaining to home occupation included on
p. 21 of the ordinance (as further definition of "home occupations" in the R-1
Schedule of Regulations) in their proper place in Section 2, Definitions.
6. AMEND 18 to include the words "or plot" after "parcel " in the first
sentence.
•
REASON FOR AMENDMENT
This eliminates the superfluous definition 5.
7. ADD Definition 22A, to read as follows : Open Area: a parcel or plot
of land which may be allocated for parking, years , or recreational
purposes. Such open areas do not include streets or thoroughfares for
motor vehicle traffic.
REASON FOR ADDITION
The term " area"
t fi.__J _ _ i na
The term "open UI Ca I J not defined I IICU I II the UI U I IIQnCE
8. AMEND 28 to read (new language underlined):
Special Exception: A special exception is a use. . .or general welfare.
Such uses may be permitted at the discretion of, and by application to,
the Board of Adjustment.
•
REASON FOR AMENDMENT
1 . No specific special exceptions are identified in this ordinance, (except 4.8,
a grandfather clause) hence the deleted last sentence of the present
ordinance is meaningless.
2. The Board of Adjustment should be identified herein rather than later as the
cognizant party.
9. ADD Definition 28A, to read as follows :
Specific Use: A specific use is a use of land in a zoning district
which is not in general provided for nor suitable throughout a district,
but which may be suitable in specific locations within a district.
These uses are specified in section 9, paragraph 8 of this ordinance.
Such uses require amendment of the district regulations of this ordinance.
REASON FOR ADDITION
No definition of this key concept is furnished in the present ordinance.
Section 3: No changes
AMENDMENTS TO ORDINANCE 132
Page 3
Section 4:
10. AMEND Section 4, paragraph 8: (new language underlined)
' 8. Where a district boundary line divides a lot which was in single
ownership, the Board of Adjustment may permit, as a special except-
ion, the extension of the regulations for either portion of the lot
beyond the district line into the remaining portion of the lot such
that minimum size requirements for the district extended are met,
provided that such extension does not exceed 10,000 square feet in
area. Application to the Board of Adjustment for such extension must
be made within a period set by the City Council from the date that
such district boundary lines become effective. Boundary lines in
effect as of the date of this amendment shall have a six month period
applicable for such application.
REASON FOR AMENDMENT
This prevents a lot or tract owner from having a plot of land which cannot meet
size restrictions and must constrain his development or use in such a way to
induce undue hardship. The Board of Adjustment maintains control , since a
Special Exception Permit must be applied for. The time limit provision prevents
owners long after the fact of zoning to insert inappropriate uses into an ad-
joining district, e.g. , a body shop garage into a residential area, since at
the time of zoning, in the future, such tracts will be largely undeveloped.
Section 5: No changes
Section 6:
11 . RESTORE to the beginning of Section 6 (evidentl.y left out in the
typing of the official versinn of frc1ir,anrP 13?)
1 . Intent--within the districts established by this ordinance, or
amendments that may later be adopted, there exist. . .
(list follows, bottom of page 7, Ordinance 132)
12. AMEND by deletion of last two sentences of Section 6, paragraph 1 ,
first paragraph.
REASON FOR DELETION
Language is considered to be unduly harsh, and intent is adequately expressed
by the following paragraph.
13. ADD the following to the last paragraph of Paragraph 1 , which begins
"To avoid undue hardship. . . " such that the paragraph reads " . . .carried
on diligently. Further, nothing in this Ordinance shall be deemed to
construe removal as including involuntary demolition or destruction of
buildings or parts thereof, by storm, fire, war, civil insurrection or
other mishap.
REASON FOR ADDITION
No clarification of "removal " given in ordinance, and might be taken to include
mishap rather than owner/user's voluntary demolition or transporting of property
improvements, which this section of the ordinance 'ought to address.
14. AMEND Section 6, paragraph 4b by adding the following:
. . .of this ordinance; however a special exception may be granted upon
due application to the Board of Adjustment.
AMENDMENTS TO ORDINANCE 132
Page 4
15. AMEND Section 6, paragraph 5c by deleting first sentence clause "If no
structural alterations are made"
REASON FOR AMENDMENT
"Structural alteration" is very subjective, and tends to wreak undue hardship
on a non-conforming user by preventing him from upgrading his enterprise to
stay at least abreast of the market and perhaps improving its appearance. The
Board of Adjustment has the discretion herein to prevent the non-conforming
user from becoming a burden on the community through his non-conforming use of
his property.
16. AMEND Section 6, paragraph 5f by re-stating as follows:
f. Where non-conforming use status applied to a structure and premises
in combination, removal of the structure shall eliminate the non-
conforming status of the land.
REASON FOR AMENDMENT
"Removal " implies voluntary withdrawal of the non-conforming use; "destruction"
(words deleted) means a cataclysmic even over which the owner or user has no
control . Why should the City of Friendswood be in the position of gaining
advantage over a user' s misfortune? This puts him in double jeopardy.
17. AMEND Section 6, paragraph 6 to read as follows :
6. Repairs and Maintenance - On any non-conforming structure or portion
of a structure containing a non-conforming use, work may be done on
ordinary repairs , or on repair or replacement of non-bearing walls ,
fixtures, wiring, or plumbing, provided that the cubic content
existing when it hPrnmes non-conforminn shall not he incre ed without
,ranting v. .. vr...cIA . Eiw cr MIVII Permit 1i1 I1. 1J 1.% 1d V %1UJ N_ V.l IL.11 fir.
REASON FOR AMENDMENT
The 10 per cent criterion in the present ordinance is difficult to police,
unduly intrusive on the user' s private affairs and finances, and stifling to
his effort to maintain status quo.
Section 7: •
18. ADD to Section 7 the following subdesignation, and CHANGE existing
designations:
R-1 (No change) •
R-2 (No change)
R-3 (No change)
C-1 (No change)
C-2 Commercial District
M-1 (No change)
REASON FOR ADDITION
This provides for categories or cases which have already come before the
Planning Commission and which have no provisions incorporated in the Ordinance.
A proposed Schedule of Regulations for the C-2 Commercial District is provided
below.
19. Section 8:
Delete Section 8, and place the language therein as a preamble for the
SrhndulP of fictrir.t Rrnulatinnc.
AMENDMENTS TO ORDINANCE 132
Page 5
REASON FOR DELETION
The section makes no logical sense in its present place, all references to it
are found in the Schedule of District Regulations, which it supports , and where
the provisions therein should be placed.
Section 9:
20. AMEND Section 9, paragraph 7b by omitting the first clause, "In
addition to. . .above," omit Section 9, paragraph 7e and paragraph 7j .
REASON FOR AMENDMENT
The sense of the paragraph as now worded is that two certificates are required,
when patently only one, the Temporary Certificate of Zoning Compliance, is re-
quired. The same logic applies to 7e and to 7j . "Enlarged uses" are to be
handled by special exception, as covered below.
21 . ADD to Section 9, Paragraph 7b listing:
Parking Ratio Temporary Use District
To Be Specified By Non-permanent office R, C
Board of Adjustment of facility
REASON FOR AMENDMENT
Two instances of such uses have come up in the last 2 months. The present
Ordinance is silent on such temporary uses, and forces the granting of a
regular Certificate of Zoning Compliance for a use, which however suitable now,
may in the long run be detrimental to the City if continued.
22 AMEND Section Q paragra h 7c follows (now l c undcrli c ) :
._.. ., rv„ y. wp as �i.�.'ry �ur.yuuyc iAiiuc� i iiicu� .
.C. A Temporary Certificate of Zoning Compliance is not in accord with
the intent of the Zoning Ordinance and is allowable only where the
facts and conditions prescribed in the ordinance as those upon which a
temporary. . .to exist.
REASON FOR AMENDMENT
This prevents a Temporary Certificate, of Zoning Compliance from requiring an
elaborate special exception procedure for its issuance, when such a certificate
is for an ephemeral use. The present ordinance here requires a steamroller to
mash potatoes. "Exception" is too likely to be construed to mean "Special
Exception. "
23. .AMEND Section 11 , paragraph 2 as fellows (new language underlined) :
2. Special Exceptions - Conditions Governing_ Applications Procedures -
To hear and decide special exceptions to the Ordinance and to district
regulations which the Board of Adjustment may pass on by the terms of
this Ordinance; to decide such questions. . . (rest of paragraph same as
before) .
REASON FOR AMENDMENT
The original ordinance "Special Exceptions" are limited to the extension of
district regulations 50' into another district when the district dividing line •
divides a property in single ownership. The Board of Adjustment is a judicial/
appellate body which should be able to act upon specific eases in which a
proposed use of land does not quite fit the regulations of any district. The
empowerment is in the various schedules of zoning district regulations , as pro-
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AMENDMENTS TO ORDINANCE 132
Page 6
Schedule of Distric Regulations:
24. ADD between the list of zoning districts and the Regulations for R-1
(page 20) section 8 in its entirety, entitled:
• SUPPLEMENTARY.DISTRICT REGULATIONS AS APPLICABLE TO DISTRICT
REGULATIONS HEREIN PROVIDED IN THIS SCHEDULE
REASON FOR CHANGE
Refer to Amendment 19
25. ADD Schedule of District Regulations for C-2 Commercial District
(suggested schedule follows) .
AMENDMENTS TO ORDINANCE 132
Page 7
C-2 Commercial District
Purpose
This district consists mainly of land occupied by or suitable for light,
clean manufacturing facilities, non-bulk warehousing generally associated with
a manufacturing or sales facility and wholesale outlets. These types of
operations are not limited to industrial parks and are intended to be of such
a nature as to compliment a commercial environment.
1 . Minimum requirements for lot area, width and setback.
Setback
Lot Areas Lot Width Front Rear Side
7500 SF 75' 30' 0'a 0'b
Note a: Shall be 20' where abutting an R or a C district
and 30' when abutting a street.
Note b: Shall be 15 feet when siding street and 25' when
siding a thoroughfare.
2. Residential (R-1 and R-2) and business (C-1 ) development within a C-2
district shall comply with regulations pertaining to their respective
districts.
3. See Section 8 for Supplementary District Regulations , Exceptions and
Parking Requirements anolyina to a C-2 district.
4. See Section 9 for Temporary Certificate of Zoning Compliance that may
be granted by the Board of Adjustment and Specific Use Permits.
5. Permitted Uses and Parking Requirements. These uses, are not intended
to be all inclusive. Requested uses not specifically covered herein
shall be processed in accordance with requirements set forth in this
ordinance for Specific Uses and Special Exceptions.
Permitted Uses Parking Ratio
Air-Conditioner Manufacture
Any use permitted in an R-1 , R-2, or C-1 District
Bottling Plant
Camera and photographic equipment manufacture
(not including film)
Carpeting installation, wholesaling, and
warehousing
Electrical instrument manufacture
Electrical (small ) appliance manufacture
Machines, business and computing manufacture,
warehousing, and sales
Small equipment assembly, storage and distribution
AMENDMENTS TO ORDINANCE 132
Page 8
26. AMEND Schedule of District Regulations for C-1 Commercial District,
paragraph 4 to read:
4. . Permitted Uses and Parking Requirements. These uses are not intended
to be all inclusive. Requested uses not specifically covered herein
shall be processed in accordance with requirements set forth in this
Ordinance for 'Special Exceptions".
AMEND Schedule of District Regulations for M-1 Light Industry District,
paragraph 4c by adding the following words after ". . .may be repaired or
altered" on page 26: ( s•s, e v . JS w S o Noteituoiv Q w(ll004)
REASON FOR AMENDMENTS
These provide for the Specific Use and Special Exception mechanism in an
explicit manner in the schedules. The present schedules do not offer any out
for the use that doesn't quite fit the listed uses.
AMENDMENTS TO ORDINANCE 132
Page 9
It is the considered opinion of the Friendswood Planning Commission that the
enactment of the proposed amendments will help to rectify the inconsistencies
and narrowness of interpretation now characteristic of Ordinance 132, and
provide the City of Friendswood with a more viable instrument for the orderly
implementation of zoning regulations.
Respectfully submitted,
/5/'
Raymond A. Nelson, Chairman
/ 5/
Rodger Koppa, Secretary pro tem